2/2/2026 at 6:54:01 PM
Seems good but unlikely to accomplish anything. Manufacturers obviously don't want to make third-party repairs easier because they think they'll lose money, so if the EPA says one excuse isn't valid anymore they'll just find another one. This new guidance doesn't ask or even suggest that manufacturers actually do anything, it just says "hey if you want to help your customers repair stuff, we'd be ok with it".by burkaman
2/2/2026 at 7:17:19 PM
As long as the manufacturer isn't on the hook for a violation of the EPA when the owner modifies their vehicle to be out of spec.For automobiles, this has been the case - that the owner is responsible the vehicle goes out of spec... and the owner can also do a lot of customization of their vehicle.
For heavy machinery (which tractors fall into), the manufacture is almost always on the hook for any modification that the owner makes.
https://www.farm-equipment.com/articles/18110-what-you-need-...
> Here’s one real-life scenario that Natalie Higgins, vice president of government relations and general counsel for EDA, shared during a recent presentation for the United Equipment Dealers Assn. “An Ohio equipment owner purchased a tractor and then installed a turbocharger on the engine. The tractor owner sustained injuries and then sued both the manufacturer and the equipment dealer, alleging that his injuries were the result of negligence on the part of the manufacturer and dealer. Remember, neither the dealer nor the manufacturer were involved in the turbochargers installation.”
> ...
> And, if you service equipment that has been chipped, the warranty will most likely be denied and you will not be paid for your work. “That can also put your dealership in a sticky situation if technicians in the shop are not conveying to the rest of the dealership what is going in,” says Wareham. F
> Financial consequences can be harsh for not following the law. Under federal law 40 CFR § 89.1006, the penalty for a dealer who removes or renders inoperative emissions controls is subject to a penalty of $32,500 for each violation. Wareham says that one manufacturer of chipping software was initially fined $300,000 by the EPA and then $6 million to ensure future compliance with the Clean Air Act. “The EPA has stated that their intent is to crack down on defeat devices in 2020,” says Wareham.
> A dealer may face liability issues when customers tamper with the equipment they purchased, even if a dealer had nothing to do with the modification. For example, in instances in Ohio and Oregon, customers were injured as a result of modifications and dealers were sued.
by shagie
2/2/2026 at 7:54:35 PM
But did the tractor owner win the lawsuit? Anybody can sue anybody. Winning is what matters. That anecdote doesn't tell me anything, and the whole article reads as FUD. I wonder if it is paid for by John Deere?by jtbayly
2/2/2026 at 8:05:23 PM
Not 100% sure about that one - though even that they were sued is an issue.Note that part of this is also that worker's comp excludes farm labor. So you can't get compensated through workers comp.
https://nationalaglawcenter.org/workers-compensation-for-agr...
> Whether or not someone is eligible for workers’ compensation depends on their state and the industry they work in. There are no requirements at the federal level that mandate states to have workers’ compensation laws. Nevertheless, every state, except for Texas, requires most employers to carry workers’ compensation insurance. However, the majority of state workers’ compensation laws specifically exclude or limit agricultural employers from the workers’ compensation requirement.
Product Liability in the Farm Equipment Industry - https://youtu.be/NdN577BbnSY
Take note of 42:23 where it goes to who is at fault and the liability for it (the case study starts at 21:21 - jumping to 42:23 you can get the "who is paying for it" in two minutes). The entire video is interesting (if you're interested in product liability for industrial (farm) equipment ... but I can understand someone not wanting to watch an hour long video about it). It boils down to "every piece of farm equipment is dangerous from the insurance perspective and a manufacture allowing unapproved modifications to the equipment is still at fault, even if the modification was made by another party."
by shagie
2/3/2026 at 1:14:25 AM
>But did the tractor owner win the lawsuit? Anybody can sue anybody.Yes, but this requires the accused to pay for legal counsel and go through an expensive trial.
Maybe the US should fix this.
by shiroiuma
2/3/2026 at 3:17:23 PM
Agreed! A fix would be nice. But owning a tractor could get you sued. Going outside could get you sued. Being a good neighbor could get you sued. There's no reason to think that modifying your tractor makes you more likely to get sued. Let alone the dealership.The very act of existing as a corporation with a lot of money is what makes you a lawsuit magnet. Nothing you can do will prevent that. Trying to prevent people from making modifications to their tractors they bought from you is just as likely to get you sued as not trying to stand in their way.
by jtbayly
2/4/2026 at 4:09:29 AM
There are corporations that are well-known to use lawsuits as a way of silencing people. They have lots of money to keep lawyers on the payroll and bankrupt their opponent.by shiroiuma
2/2/2026 at 10:03:28 PM
It is 100% FUD, as evidenced by the fact they were afraid to link the actual case.https://www.govinfo.gov/content/pkg/USCOURTS-ohnd-1_12-cv-01...
by idiotsecant
2/2/2026 at 8:25:34 PM
I can see why that regulation would be in place though. I don't want heavy industrial machinery coming with "here's how to make it run faster and stronger but ruin the environment, which you definitely should not do wink wink."by aqme28
2/2/2026 at 9:19:47 PM
It's a reasonable goal, but I think that one can find better ways to meet that goal than making manufacturers responsible for what the owner of the equipment does with it. That method is just insanely unfair to the manufacturer.by bigstrat2003
2/2/2026 at 10:02:43 PM
Can you point to a single case where a manufacturer was held responsible for what the owner of the equipment did with it?by idiotsecant
2/2/2026 at 10:49:28 PM
It'll be hard to do because it's like the more restrictive gun laws. It'll never stick so they never take it though court, but they threaten it to get the conduct they want. OEMs have spent huge sums locking down computer systems "because emissions".The EPA has a ton of ways to expensively scrutinize (heavy on the "screw") oems at their discretion so it doesn't really need to be a serious threat, just a warning.
Same dynamic as local business vs local code enforcers basically.
by cucumber3732842
2/2/2026 at 11:42:01 PM
The CAA allows parties with no standing to sue, to magically have standing to sue, and then have their victims pay lawyers fees (or otherwise go to jail[0]). So there's no need for the EPA to get involved. You can just be sued by, say " Utah Physicians for a Healthy Environment" and end up paying unlimited lawyers fees because some guy 300 miles away says you dropped a particle of carbon on them.[0] https://www.sltrib.com/news/environment/2025/10/24/after-die...
by mothballed
2/2/2026 at 9:59:41 PM
> Here’s one real-life scenario that Natalie Higgins, vice president of government relations and general counsel for EDA, shared during a recent presentation for the United Equipment Dealers Assn. “An Ohio equipment owner purchased a tractor and then installed a turbocharger on the engine. The tractor owner sustained injuries and then sued both the manufacturer and the equipment dealer, alleging that his injuries were the result of negligence on the part of the manufacturer and dealer. Remember, neither the dealer nor the manufacturer were involved in the turbochargers installation.”-----------------------
This is such a weasley disingenuous argument. First of all, it was a guy's insurance company that sued the tractor manufacturer and the supercharger manufacturer. The guy filed an insurance claim, the insurance company is just suing anyone they can possibly imagine to try to make the quarterly results better.
It was also dismissed under summary judgement because the case is ridiculous on it's face. This was not a case where restricting the right to modify things you own based on possible harm to a corporation was justified.
Quite the opposite, this is a case where a greedy insurance company made a really stupid hail-mary lawsuit to try and recover from a legitimate insurance claim.
The fact that we're repeating this blatant corporate propaganda is frankly embarrassing.
https://www.govinfo.gov/content/pkg/USCOURTS-ohnd-1_12-cv-01...
by idiotsecant
2/2/2026 at 10:46:23 PM
The rest of that farm-equipment.com article is full of FUD as well - the kind that should be easily recognizable by technologists.by mindslight
2/2/2026 at 7:06:04 PM
Exactly. My understanding is that the manufacturers interpreted the clean air rules as conveniently requiring them to use digital restrictions management (explicit or even just tacit) to prevent tampering (aka repairing) your own equipment. Low-emissions diesel engines then get hated on for the "EPA requirements", with the immediate bad actor corporations sidestepping blame (as usual). Removing the initial motivation / excuse isn't going to get rid of those digital restrictions, openly document the systems, nor provide the tools required to work on them.The way this is framed, it doesn't even sound like the goal is to affect this dynamic at all. Rather it's to create a loophole of "temporarily" bypassing emission systems, such that if you delete and get caught you can just pinky swear that it's temporary for a repair that you're about to complete real soon. So the only real goal seems to be implicitly rolling back emissions enforcement across the board.
Actual right to repair action would focus on making it so individuals are able to self-repair the emissions control systems to function as designed. So this really just seems like yet another instance of a lofty idea being abused as cover for the destructionist agenda.
by mindslight
2/2/2026 at 9:41:30 PM
It is not just hate because of EPA requirements. These engines are more complicated and prone to failure. Small time operations can not afford the expensive repairs combined with loss of income during repair downtime.As a result, only corporations remain or the few remaining owner operators avoid any engine newer than the year ~2000. These older vehicles also have the added benefit of having minimal electronics, sensors, and ECMs.
by cryostasis
2/2/2026 at 10:03:48 PM
The "more prone to failure" seems to be driven by some abjectly terrible implementations (eg the notorious Kubota B3350). And it's certainly understandable that someone who knows how to repair things based on mechanical linkages would rebel against digital electronics.But we're on a technology website. We shouldn't really be scared by a extra sensors, a CAN bus, and an embedded controller - assuming all of these things are openly documented and usable with freedom-preserving systems. In fact we should welcome them, as extra telemetry can help avoid downtime and effect repairs.
by mindslight
2/2/2026 at 11:41:21 PM
I think regardless of implementation, if the added complexity reduces reliability and introduces forced failure modes it's reasonable for people to avoid these systems altogether. For example, EGRs causing fouling or DEF engine throttling.This may be true for our group, but I know numerous blue collar workers at the poverty line struggling due to these systems. Corporations / manufacturers have no incentive to make these systems more accessible. Even if they did, more complex -> more expensive to repair.
by cryostasis
2/3/2026 at 4:50:05 PM
> Corporations / manufacturers have no incentive to make these systems more accessibleThat's the exact point of actual right to repair legislation.
> Even if they did, more complex -> more expensive to repair.
No, this is not true as a general rule. For example if problems can be diagnosed easier (or even ahead of full failure) with digital controls, this brings down the cost of maintenance. Or if the hardware shrinks in complexity while the software grows in complexity more, this can still be a win as individual bits of a digital controller aren't likely to break down.
But on this topic we aren't actually talking about manufacturers being able to resume production of the previous non-digital engines. This would require actually repealing the Clean Air Act, and probably even directly mandating that manufacturers remove such systems from their current designs.
Rather the only thing this declaration seemingly does is remove one excuse manufacturers have for having locked down their systems with digital restrictions, with the goal of allowing customers to "disable" those extra controls "temporarily" - not really an actual win for any of the repairability or cost issues you bring up.
This is the same fundamental dynamic I've observed in all of the destructionist policies - large print that performatively throws a bone to those suffering, but the actual details don't even try to unwind the poor dynamic - never mind attempting constructive solutions (in this case, straightforward right to repair legislation).
by mindslight
2/2/2026 at 10:57:11 PM
> And it's certainly understandable that someone who knows how to repair things based on mechanical linkages would rebel against digital electronics.They're pretty right to be incensed that something that used to take one skill set now takes two.
>. We shouldn't really be scared by a extra sensors, a CAN bus, and an embedded controller - assuming all of these things are openly documented and usable with freedom-preserving systems
At what cost? For what benefit to the user?
>. In fact we should welcome them, as extra telemetry can help avoid downtime and effect repairs.
Oh, great, so the someone at the OEM can decide my model correlates with a higher $$ use and jack up parts cost. I don't trust you not to do this and I don't even own a tractor. Someone in middle america who's been on the receiving end of the raw deal that the "educated" classes have been peddling for the past 40yr has even less reason to allow your telemetry.
by cucumber3732842
2/4/2026 at 12:32:03 AM
For absolutely not a single benefit to the owner but massive benefit to society.by rangestransform
2/3/2026 at 4:50:54 PM
If you had bothered to pause grinding your axe, you might have read the part of my comment where I said "assuming all of these things are openly documented and usable with freedom-preserving systems"by mindslight
2/2/2026 at 9:13:32 PM
This kind of do nothingism come up any time something will happen, perfect is the enemy of done.by stuaxo
2/2/2026 at 9:58:44 PM
I am not opposed to this (that's why I said "this seems good"), just wanted to point out that I don't believe their claim that "Today’s action will not only expand consumer choice and provide opportunities for farmers but also encourage the use of newer farm equipment". I do think this won't accomplish anything but that doesn't mean I think they shouldn't have done it.by burkaman
2/2/2026 at 9:24:20 PM
I've always wondered if this is true if it was done perfectlyby dylan604