http://www.nytimes.com/2015/11/23/bu...ware.html?_r=0

Just read this and thought someone here might be interested...FYI & FWIW.

 

So if I'm reading that right, it's legal for the owner to mess with the software, but not the manufacturer.

What if the owner removes the catalytic converter or installs an O2 sensor defeat?

 

That's not software

Altering or removing emissions control equipment is covered by separate laws.

EDIT:

From the article (http://www.nytimes.com/2015/11/23/bu...ware.html?_r=0)

"Despite the change to the copyright law, it remains illegal to alter engine performance in any way that evades emissions standards. Violators can face fines of up to $3,750 for each defeat device and up to $37,500 for each noncompliant vehicle.")

 

As previous poster said you can't remove cat legally. Also any state which requires emission testing to renew your registration, also requires your car to pass the emission tests.

CARB went after Burger Tuning (BMS) last year over the fact that they were selling after-market tunes which were not emissions compliant with CARB. In the end they had to stop selling in California until they became compliant. Dinan on the other hand makes a point of ensuring its tunes are 50 state legal.

 

Best part of the article is that they quoted a guy named "Lothar" :-)

 

As the article says, while owners can legally tinker w/ the software, these new guidelines do not trump emissions standards. In other words, it remains illegal to make changes that violate approved emissions standards.

The other major thing that hasn't changed is the manufacturer's right to deny a warranty claim if non-OEM, ECU modifications are detected.

 

I believe that this depends on the warranty issue, not just cause for blanket denial. The manufacturer needs to make a case that the modifications in question caused the problem in question.

 

Yes, and a manufacturer usually can when it comes to ECU modifications. They have substantial test data compiled and ready to bring to the table. If they want to, they can usually produce enough data to persuade a judge or arbitrator. They aren't inclined to be sympathetic to "street racers."

Leaning of the AFR will jeopardize a consumer's case. The argument, "if those modifications were safe and emissions compliant, we would have programmed it that way ourselves," is often enough for them to win.

A lot of folks cling to the Magnussen-Moss Warranty Act of 1975 as a safety blanket, but you do have to litigate to be afforded the protections that statute. If you have the resources, time, and determination to fight such a case, you do have a chance to win. However, you're socked with both the legal costs and the cost of warranty repair if you lose. It's always a roll of the dice.

 

Nor should they be sympathetic. I was painting with a much broader brush though. Engine trouble in a case of a modified ECU probably wouldn't even make it to arbitration. I've heard of cases where VINs were flagged in the database because of modifications that led to automatic blanket denial of claims. This is where the MM Warranty Act provides protection.

 

Yes, blanket denials do violate the provisions, but I think a more accurate statement would be "some" protection. Anyone who has modified an OEM engine to produce more power and attempts to litigate to force a manufacturer to pay for engine repair or replacement faces an uphill battle. That doesn't mean some won't make it up and over the hill, but most won't.

 

I can tell you that you guys are way overstating warranty denial risks. I don't know about Jaguar firsthand but BMW will honor virtually any repairs. My dealer knew of my exhaust and software mods and did not care.

 

That really depends upon the manufacturer and the dealer. Some manufacturers are more mod friendly than others... same with individual dealers.

I don't think there has been enough tuning done to Jags as many other manufacturers to know which dealers are mod friendly and which are not...

 

I can assure you that it is no overstatement. You're right that a dealer has no reason to care, especially when no major malfunction has occurred because they simply submit a claim to a manufacturer, and it's routinely covered, non-OEM modifications or not. All a dealer cares about is being reimbursed for warranty work.

In the case of a major engine meltdown, the dealer will also submit the claim to the manufacturer, and it's the manufacturer that will most likely want to conduct forensics by requiring the dealer to run a specific set of diagnostics, or in cases I've seen over the years, requiring the dealer to ship the ECU to them.

 

Perhaps it's just my wallet talking to me, telling me to be cautious, but I'd be far more likely to mod a Camaro or Mustang where parts (and even create engines) are readily available for far less than the cost of a new Jaguar 5 liter.

 

This really is the crux of the matter. When I was tuning my MINI I was contemplating putting at risk the $8k engine replacement on a $25k car. I am now contemplating a $25-30k replacement on a $90k car. You gotta be willing to pay to play.

On the other hand, the real issue is not necessarily an eminent short term failure of the engine, but rather a truncated life expectancy of the engine.

The MINI engine only lasted 120k miles. I replaced it after 10 years with the same pulley and performance tune. I expect something similar with the F-Type in 8-10 years.

My big concern is the ability of the manual tranny to handle an additional 10% torque. That could indeed be an early point of failure. (No such concern with the automatic)

 

I am completely in concurrence with your risk assessment. Moreover, you're not planning to push yours very far, but even that may result in a shorter lifespan than the OEM tune. Lastly, you understand and accept the consequences. Many don't.