Wow! There are a lot of different subjects in this thread that are sort of all mashed together, along with some conclusions that appear to be made from misinformation/misunderstanding.
To untangle it some:
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1. Yes, Harleys will run and not break down anytime soon if they do NOT have an
EBS.
They will not run as strong, they will not get as good MPG, they will run hotter, and they will wear out sooner...but nothing catastrophic will happen anytime soon if it is run without an EBS.
It is sort of like waxing or not waxing paint. Nothing catastrophic will happen if you don't wax your paint. But if you do, it will look better, and last longer than if you don't.
Harleys run better and last longer with an EBS.
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2. Emissions Compliance-
No state, including California, does any emissions compliance testing on motorcycles. If, at some point in the future a State starts doing emissions compliance on motorcycles, that will be a bridge to cross at the time, based on what kind of testing they do and don't do...IF they ever start doing it at all.
Regarding simple modifications, up to a Stage I, I fail to see the reasoning in not doing something that will make my bike better because of something that someone MIGHT do at some point in the future.
All Stage I stuff is easy to undo if at some point, someone, somewhere, decides to do something in the Future that Might impact the bike I have today.
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3. The 2017 Harley-Davidson Warranty can be viewed in its entirety at this
LINK.
The relevant excerpt from the 2017 HD Warrant is:
Other Limitations
Damage caused by installation or use of non-Harley-Davidson components, even those installed by an authorized Harley-Davidson dealership, that cause a Harley-Davidson part to fail.
There is nothing in the Harley 2017 warranty that says if you install a part on your Harley that does not cause a Harley part to fail that there will be a denial of warranty. The reason for this is because to do so would be illegal by federal law.
There have been more than a few cases in recent years of automotive manufacturers that have tried to do this. They have LOST MILLIONS in damages when caught trying to deny warranty work because of aftermarket parts that did NOT cause any factory parts to fail.
To date Harley has steered clear of any wording in their warranty, and any actions with their Dealerships, that would get them in trouble with the law in regards to denying warranty work that should be done. ie. it seems apparent that they do not want to damage their reputation, nor lose millions in court (like some of the automotive companies have) that would make the paltry California settlement look like a slap on the hand.
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4. The Consent Decree
A Consent Decree is an agreement/settlement that resolves a dispute between two parties without admission of liability. It is NOT law, nor can it invalidate/supersede existing law.
The 8-18-17 CD that Harley signed is with Harley Corporate. It specifically states that HD Dealerships are NOT parties to the Consent Decree.
For our purposes (as owners of HD motorcycles) it applies ONLY to information that HD has regarding a 2017 motorcycle that is tuned with a Tuner that is not covered by California ARB Executive Order or otherwise approved by the EPA.
IT DOES NOT APPLY to Any other modifications, such as an air cleaner, External Breather Systems, Oil Coolers, Oil Filter Relocation, etc.
Since it only applies to Tuners, and since the HD ECM is NOT capable of knowing if a Tuner has ever been used on it, the only way HD will know is if you tell the Dealership that you have used a Tuner on it.
The CD was a money grab by the government to get a penalty from HD right before the '17's were introduced. The penalty did not hurt HD more than a slap on the hand. It has been used by some Dealership parts departments to scare people into buying HD parts only...which, is to their benefit, even though it has zero basis in reality, as seen by the info above.
Bottom line on the Consent Decree, it does NOT invalidate the 2017 Warranty, it only applies to Tuners that they know about...so don't tell them.
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btw- Interesting that this thread showed up when it did. A couple of days ago I started working on a mailing that is going out this weekend. One of the subjects in it is
FAKE NEWS....addressing the subject of warranties.
It was spawned by a 2 wheeled Customer of ours that is a Lawyer. In one of his emails he wrote-
"Harley has made clear on the 2017's that you can't change anything without voiding the warranty."
Wow, even as a lawyer he was buying the Fake News line. He has since done his research and found out that it is untrue.
Kevin