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  1. #1
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    CARB (California Air Resources Board) orders BMS (Burger Tuning) to cease and desist the sale of BMW Aftermarket Performance Parts

    The California Air Resources Board (CARB or ARB) sent Burger Tuning a letter informing the company that they believe BMS is in violation of two California vehicle code sections dealing with anything that modifies a vehicle's emission control system. This includes downpipes, intakes, tuning boxes, exhaust systems, etc. CARB ordered an immediate cease and desist of sales and also requested three years of sales records including receipts and invoices.


    Click here to enlarge

    Whether BMS intends to comply with the records request is not known at this time but what that means for you if you live in California and bought BMS parts is that CARB could potentially acquire a list of names and addresses of people who own vehicles they know are likely in violation of California vehicle codes. What it means for BMS is a big problem regarding sales in California as CARB states BMS needs to apply for an exemption to allow sales even if parts are for off-road use.

    Why Burger Motorsports LLC is being targeted by CARB is unknown. We all know that as of right now hundreds if not thousands of companies are selling intakes, exhaust system, turbos, superchargers, etc., in California. BMS is being singled out here and it is quite possible a competitor made sure to point CARB toward BMS.

    California is the only state with a regulatory agency like CARB. The reason for this is because the agency existed before the federal Clean Air Act which is governed by the federal Environmental Protection Agency (EPA). One could argue that CARB is superfluous and that it is too much government control but the agency exists and wields strong authority giving California the most stringent emissions regulations in the nation.

    CARB essentially has the power to destroy an aftermarket performance automotive company's business in California. Considering California is the largest car market in the nation, that is about as big of a blow that can be levied. BMS is complying with CARB's request and halting sales of parts in California as the company explores its options. Terry Burger informed BimmerBoost he intends to make the off-road use warnings on BMS products more prominent.

    What this means for you, the enthusiast, is that the days of being able to modify your car are slowly coming to an end as CARB and the EPA clamp down. Even though we are in the golden age of horsepower and performance cars are becoming tuner dreams with turbo and supercharged cars coming from practically every manufacturer now you will have government agencies crack down and put an end to the fun as well as an end tremendous revenue and countless jobs. They do not want you modifying your car, period, and this is a gradual move in that direction. They also appear to be gearing up for going after people individually or why else request years of receipts, invoices, and transactions that would serve as implication?

    This unfortunately affects every one of us. Why BMS was targeted is unknown but what is known is that CARB has practically unlimited resources and can fine you into oblivion until you play the game the way they tell you to play it. Free market and free country? That it is not.

    CARB letter to BMS dated 3/10/14:

    Letter removed by request

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    Really really blows. I don't understand how they can even just do that. Like communism lol
    Burger Motorsports
    Home of the Worlds fastest N20s, N54s, N55s, S55s, N63s, and S63s!

    It is the sole responsibility of the purchaser and installer of any BMS part to employ the correct installation techniques required to ensure the proper operation of BMS parts, and BMS disclaims any and all liability for any part failure due to improper installation or use. It is the sole responsibility of the customer to verify that the use of their vehicle and items purchased comply with federal, state and local regulations. BMS claims no legal federal, state or local certification concerning pollution controlled motor vehicles or mandated emissions requirements. BMS products labeled for use only in competition racing vehicles may only be used on competition racing vehicles operated exclusively on a closed course in conjunction with a sanctioned racing event, in accordance with all federal and state laws, and may never be operated on public roads/highways. Please click here for more information on legal requirements related to use of BMS parts.

  3. #3
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    Click here to enlarge Originally Posted by fastgti69 Click here to enlarge
    Really really blows. I don't understand how they can even just do that. Like communism lol
    In Russia the person in charge of emissions would just want a cut of the revenue and that would be that. In the USA they destroy your business, livelihood, fine you, sue you, etc.

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    Time to move the business to Nevada. F*ck Cali, they can keep losing businesses. Plus there are a lot of tax advantages in Nevada.

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    3 out of 4 members liked this post. Reputation: Yes | No
    I wonder if Mr. Dinan has anything to do with this. Timing is a little suspicious, now that he is selling a piggy back for the M5.

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    those tree hugers are really pathetic. Someone with a fast beemer (preferebly with catless downpipes) needs to drive by the capital @ 170mph to show dissapointment . @Sticky, you up for it?Click here to enlarge
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  7. #7
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    Click here to enlarge Originally Posted by BlackJetE90OC Click here to enlarge
    Time to move the business to Nevada. F*ck Cali, they can keep losing businesses. Plus there are a lot of tax advantages in Nevada.
    It doesn't matter where the business is. You have to deal with CARB if you are going to sell in California.

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    Click here to enlarge Originally Posted by Jacob502 Click here to enlarge
    those tree hugers are really pathetic. Someone with a fast beemer (preferebly with catless downpipes) needs to drive by the capital @ 170mph to show dissapointment . @Sticky, you up for it?Click here to enlarge
    No I am not. I am scared to death of my government.

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    Click here to enlarge Originally Posted by BlackJetE90OC Click here to enlarge
    I wonder if Mr. Dinan has anything to do with this. Timing is a little suspicious, now that he is selling a piggy back for the M5.
    I'd be lying if I said the thought did not go through my head.

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    Also betting it was a competetor that brought it to the ARBs "attention".

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    I kind of doubt it was a competitor responsible for this. I could be wrong but I think this is just a case of a government agency flexing it's muscles.
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    Back in 2006 I tried passing emissions in Connecticut with an RSX with catless downpipes. I failed the first time and so I put the stock exhaust back on and passed the second time.

    Then a month later someone from the DMV called and said they found something suspicious with the ECU when looking at the OBD2 data (I had a kpro chip installed). He ended up coming to my parents house where I lived to inspect the car but couldn't connect to the OBD2 port. My memory is hazy and I was a dumb teenager so I don't remember how the situation was fixed but I always thought that was ridiculous.

    These days I run with the stock exhaust because I'm too old to deal with this crap.

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    that's $#@!ed up

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    Wow is all I can say. $#@!ing California and it's tree huggers.
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  15. #15
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    Heard about this a few days ago from BMS. What a shame.
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    Statism/communism in action. Everyone should see this as an example of government abuse when they consider voting for a measure that would have an impact on the behavior of others.

    Terry, good luck with the inevitable battles to come over this. I'm sure Nevada, Wyoming, and Texas would welcome your small business.
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  18. #18
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    Click here to enlarge Originally Posted by whoosh Click here to enlarge
    Statism/communism in action. Everyone should see this as an example of government abuse when they consider voting for a measure that would have an impact on the behavior of others.

    Terry, good luck with the inevitable battles to come over this. I'm sure Nevada, Wyoming, and Texas would welcome your small business.
    Portland, Oregon ain't bad either from what I hear.
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  19. #19
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    That just blows man, soon you wont be able to wipe your butt without the government telling you how to.

  20. #20
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    Click here to enlarge Originally Posted by Jewber Click here to enlarge
    Back in 2006 I tried passing emissions in Connecticut with an RSX with catless downpipes. I failed the first time and so I put the stock exhaust back on and passed the second time.

    Then a month later someone from the DMV called and said they found something suspicious with the ECU when looking at the OBD2 data (I had a kpro chip installed). He ended up coming to my parents house where I lived to inspect the car but couldn't connect to the OBD2 port. My memory is hazy and I was a dumb teenager so I don't remember how the situation was fixed but I always thought that was ridiculous.

    These days I run with the stock exhaust because I'm too old to deal with this crap.

    Feck, we will end up like my birthlnd where I ran a few businesses and had governemnt interefernce in one on a weekly basis... they won though because I left Australia and moved to the USA Click here to enlarge

    Trouble now, is which country do we go to to be free ?
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    So is Vishnu going in the same boat?

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    1 out of 1 members liked this post. Reputation: Yes | No

    A simple Answer

    Click here to enlarge Originally Posted by fastgti69 Click here to enlarge
    Really really blows. I don't understand how they can even just do that. Like communism lol
    "THIS PRODUCT IS FOR OFF ROAD COMPETITION USE ONLY!" What emissions? My car passed the test. I only use those parts on the track. F CARB they are not a major government agency that can tell the likes of Terry Burger what to do he is a BOSS! Believe me there are many ways around this. Hippies, Hipster, Yuppies, Green Thumbs, tree huggers need to join the peace core and go to Africa or South America and help some people and stop the nonsense. You will never stop emissions nor eliminate this fictitious thing they call global warming. Not to mention the earth rotates and has trade winds, so what is emitted in China today is here in California tomorrow. Bring back manufacturing and higher emissions and we all will have a couple dollars in our pockets! In turn being so happy because we can have the extra money and time to go on nature drives and do fat frothy burn outs in front of the people we view out in the middle of no where on the side of twisty back roads. I digress. . . . .

    Oh and P.S. they would absolutely love my Big tubro 6Liter huffing HELLACIOUS black smoke past them holding those signs.

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    Its all about dollars, nothing else. We have dealt with CARB in the past, its a hassle. Either someone pointed the finger to BMS, or they had enough sales to trip a red light. Either way they absolutely do NOT want to destroy people businesses, that's the opposite of what they want, because they do not get money if they do not sell in CA. They want you to now apply and conform to CARB rules, get exemption for all your products, this costs $$$$, and takes a very long time. CARB is there to ensure you aren't going to sell products in CA that could violate smog rules unless you are going to pay them to do it. Simple greedy politics at its best.

  24. #24
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    Tony, the whole thing really upsets me because I spent years and years fighting one government of low minded pissants (costs me bazillions and 8 years later is still not resolved).

    I do not want to see you guys and others (especially in small business) have to endure the same crud here in USA.

    but

    I see it already when I do my missus paperwork.... NY state threatened a fine on some workers insurance policy we had already paid because they lost the insurance company's paperwork.... the date of the letter from NY was ONE day after the old policy expiry date... then we add the healthcare paperwork, fighting the IRS because they cannot add up, California lead testing rules..... ad infinitum......
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  25. #25
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    If someone did in fact rat on BMS. Whomever did so is really a low life scumbag/s.. Jealousy and hating at its finest. However, this is something Terry was prob aware of and may of scene coming or just said f em and rolled the dice with staying low key but with how his business has exploded, this comes with the territory and he will deal with it, pay whatever, wait however long, and move on.

    Sucks for sure, but what can you do?
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