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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. rawad1017's Avatar
        rawad1017 -
        so that's the way this country works huh..either you get $#@! weather and $#@! living conditions but the goverment leaves you alone, or you get beautiful weather and atmosphere but the government is up your ass..
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by inlineS54B32 Click here to enlarge
        I am thinking so - must have been fire code... Oh, and I talked to him after this - he put in an extra door for the waitresses/kitchen - and didn't get a permit. Fined for this also. Click here to enlarge

        Again, I understand having 100 people in a 10 square foot place is bad news bears, but it just seems a bit fishy - the place has been open 10 years. His dad is pissed.
        This whole country is getting so ridiculous I don't even know what to say anymore. I don't know where things are headed next but things certainly aren't getting better.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by rawad1017 Click here to enlarge
        so that's the way this country works huh..either you get $#@! weather and $#@! living conditions but the goverment leaves you alone, or you get beautiful weather and atmosphere but the government is up your ass..
        They are up your ass everywhere. Some guy in Nevada is getting fined or his cows confiscated or something because they wandered over and grazed on government land. The cows read the wrong signs apparently.
      1. singletrack's Avatar
        singletrack -
        Click here to enlarge Originally Posted by sranch335i Click here to enlarge
        http://touch.latimes.com/#section/-1.../p2p-79617319/

        Another example of Ca's f@&ked up priorities. Lets not give water to farmers so we can keep this fish alive. WTF?
        Yah this is nut-so. When I was riding down 5south I saw all these farms with these massive signs about a fake water crisis etc. I guess related to this kind of crap. I think sometimes people forget that a huge portion of CA is really a dessert.