The Environmental Protection Agency (EPA, 1963) established the Clean Air Act. One of the major reasons of this act is related to the reduction of pollutants that causes motor vehicles. In order to comply with the Federal Clean Air Act, the State of Florida enacted Statutes for Motor Vehicle Emissions. Florida statute Chapter 316.2935 explains in detail the responsibilities of Motor Vehicles Dealers with respect to pollution control equipment installed on vehicles they transact. This also applies to vehicles traded or reassigned.

Florida Statute 316.2935 states that it is unlawful for a person and/or dealer to sell, lease, or transfer title to a vehicle that has been tampered with. Tampering is defined as “the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle”.

Exempt vehicles:

The statute states that it is illegal to operate a vehicle on public roads if it has been tampered with.

The following vehicles are exemptions to this section of the statute:

Form HSMV84058: http://www.flhsmv.gov/dmv/forms/BFO/84058.pdf the Vehicle Air Pollution Control Statement which is to be signed by the seller when transacting in vehicles age   d 1975 or older and weighing 10,000 pounds or less. This form the dealers’ assures that no pollution control devices have been tampered with. Note that by signing this form, the seller is not asserting to the functionality of the equipment. This document in no way warranties the performance or effective of the motor vehicle’s emission control.

Devices that need to be inspected before a seller can sign the certification agreement.

Information obtained from: : http://m.flsenate.gov/Statutes/316.2935

Consequences

Any person found guilty of knowingly violating the statues will be found guilty of: