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

      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.



      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

      Comments 124 Comments
      1. fastgti69's Avatar
        fastgti69 -
        Really really blows. I don't understand how they can even just do that. Like communism lol
      1. Sticky's Avatar
        Sticky -
        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.
      1. BlackJetE90OC's Avatar
        BlackJetE90OC -
        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.
      1. BlackJetE90OC's Avatar
        BlackJetE90OC -
        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.
      1. Jacob502's Avatar
        Jacob502 -
        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
      1. Sticky's Avatar
        Sticky -
        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.
      1. Sticky's Avatar
        Sticky -
        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.
      1. Sticky's Avatar
        Sticky -
        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.
      1. Tzu's Avatar
        Tzu -
        Also betting it was a competetor that brought it to the ARBs "attention".
      1. rader1's Avatar
        rader1 -
        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.
      1. Jewber's Avatar
        Jewber -
        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.
      1. TRES's Avatar
        TRES -
        that's $#@!ed up
      1. bigdnno98's Avatar
        bigdnno98 -
        Wow is all I can say. $#@!ing California and it's tree huggers.
      1. 0-60Motorsports's Avatar
        0-60Motorsports -
        Heard about this a few days ago from BMS. What a shame.
      1. whoosh's Avatar
        whoosh -
        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.
      1. ChuckD05's Avatar
        ChuckD05 -
        Click here to enlarge
      1. 0-60Motorsports's Avatar
        0-60Motorsports -
        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.
      1. Rodzilla's Avatar
        Rodzilla -
        That just blows man, soon you wont be able to wipe your butt without the government telling you how to.
      1. Group.america's Avatar
        Group.america -
        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 ?
      1. mj6234's Avatar
        mj6234 -
        So is Vishnu going in the same boat?