Brocks Performance

 ACKNOWLEDGEMENT AND AFFIRMATION OF EMISSION AND CLOSED COURSE COMPETITION USE ONLY

NOT FOR SALE IN CALIFORNIA

As a member of the Brock’s Performance dealer network based in the state of California, we request that you read, acknowledge and sign this document confirming you will not resell any products that are identified on brocksperformance.com as illegal to sell or market in the state of California to a California customer.

California Warning: The California Air Resources Board (“CARB”) and/or (Environmental Protection Agency) EPA does not permit the use of aftermarket emission-related performance parts that removes or alter OEM emission control devices unless certified by CARB with an Executive Order, other than for racing vehicles on closed courses. Items that do not meet California Vehicle Code (CVC) sections 27156 and 38391 are prohibit for sale in California.

Certain products at BrocksPerformace.com are legal for use ONLY in Competition Racing Vehicles and are not legal for use on public roads streets, highways, and land. Check your local/state laws and regulations to determine the compliance needed in your city or state. Such use is prohibited by Federal and State regulations.

Brock’s Performance does not make any claims on parts that have not been proven to not increase vehicle emissions and are legal ONLY for closed competition use only.  I am aware of the consequences of my own sales and actions. Brock’s Performance or its distribution chain is not responsible for misuse of the product and is not responsible for how or where I sell these items. By signing below and all of the attached pages, I have read and acknowledge this affirmation and that these products are designed and manufactured for “Competition Use ONLY” and is not legal for use on PUBLIC ROADS, STREETS, HIGHWAY, or LAND.

NOTE: Aftermarket products, including but not limited to exhausts, fuel/air controller modules, air filter kits, camshafts, and carburetors which alter, modify, or replace emission control devices or systems of an originally compliant highway motorcycle, are not legal for sale or street use in California unless they have been issued a CARB Executive Order.  Aftermarket emissions-related products which have not been issued an Executive Order or which are not aftermarket replacement Parts as defined in Title 13, California Code of Regulations, Section 1900(b)(2), are authorized for closed circuit race use only. Products shown may be designed, manufactured, intended and sold for closed circuit race use only, and use of the same on public roads or lands may be a violation of local, state and/or federal laws. See manufacturer’s information and state and local laws to determine what is authorized for your use on your vehicle.

27156. Air pollution control devices; Gross polluters

  1. No person shall operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.
  2. No person shall operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.
  3. No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.
  4. If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.
  5. “Willfully,” as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.
  6. No person shall operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.
  7. The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2.
  8. This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:
    1. Not to reduce the effectiveness of a required motor vehicle pollution control device.
    2. To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.
  9. Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycle’s transfer to an ultimate purchaser.
  10. This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.

38391. Modification devices

No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required off-highway motor vehicle pollution control device or system which alters or modifies the original design or performance of any such motor vehicle pollution control device or system.

The following emissions-related defined terms are used on our website (PARTS WITH THE FOLLOWING DESIGNATIONS IN THIS CATALOG ARE NOT ILLEGAL FOR SALE IN CALIFORNIA UNDER CARB REGULATIONS):

  • “CARB E.O.” means the specified Executive Order issued by CARB. An Executive Order constitutes an exemption by CARB from CA Vehicle CODE 27156 and 38391, for sale of the part number for the make/model/year fitments(s) specified in the Executive Order.

  • “Replacement Part” means any aftermarket part intended to replace an original equipment emissions-related part and which functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.

  • “Qualified Manufacturer Declared Replacement Part” means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part that has been evaluated and declared by the manufacturer to meet this definition and carry this categorization and designation label. This manufacturer has declared in writing that is has documentation, based upon sound engineering judgment, indicating the replacement part does not reduce the effectiveness of any required emission control device and it does not cause the modified vehicle/engine/equipment to exceed applicable emissions standards for that make/mode/year fitment(s) advertised.

  • “Competition or Racing Use Only Parts” means any competition or racing parts are those that have not been proven by their manufacturers to not increase vehicle emissions. These parts are not legal for use on any pollution-controlled vehicle in California, and they are required to be labeled as such when they are offered for sale. These parts may only be used on closed course racing or competition vehicles, or on off-road vehicles manufactured prior to the ARB's introduction of off-road emissions standards.

I HAVE READ AND ACKNOWLEDGE THE ABOVE CALIFORNIA VEHICLE CODE (CVC) AND DEFINED TERMS

 

September 28, 2021 

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Signature Certificate
Document name: Dealer Closed Course Acknowledgement
lock iconUnique Document ID: ff4fcdf6d284c394bf572894a5135583b522e1af
Timestamp Audit
June 29, 2021 9:43 pm EDTDealer Closed Course Acknowledgement Uploaded by Brocks Performance - dealersupport@brocksperformance.com IP 75.186.40.222
June 29, 2021 9:47 pm EDTRhonda Davidson - brandi@dragbike.com added by Brandi Neithamer - brandi@brocksperformance.com as a CC'd Recipient Ip: 75.186.40.222
June 29, 2021 9:48 pm EDTRhonda Davidson - brandi@dragbike.com added by Brandi Neithamer - brandi@brocksperformance.com as a CC'd Recipient Ip: 75.186.40.222
June 29, 2021 9:54 pm EDTRhonda Davidson - brandi@dragbike.com added by Brandi Neithamer - brandi@brocksperformance.com as a CC'd Recipient Ip: 75.186.40.222
August 25, 2021 12:07 pm EDTRhonda Davidson - editor@dragbike.com added by Brocks Performance - brandi@dragbike.com as a CC'd Recipient Ip: 75.186.40.222
August 25, 2021 12:09 pm EDTRhonda Davidson - editor@dragbike.com added by Brocks Performance - brandi@dragbike.com as a CC'd Recipient Ip: 75.186.40.222
August 25, 2021 12:11 pm EDTRhonda Davidson - dealersupport@brocksperformance.com added by Brocks Performance - dealersupport@brocksperformance.com as a CC'd Recipient Ip: 75.186.40.222