Approval Details

Valid E.O.

Validity

This Executive Order approved the specified parts on on November 16, 1994.
As of Thursday, December 13th, 2018 this Executive Order has not been overturned or superceeded.

Approved Parts

Part NumberModels
32421-941994-1995 Harley Davidson motorcycles equipped with Evolution 1340cc engines.

This Executive Order may be listed as:
  • C.A.R.B.E.O. D-338-5
  • Executive Order 338-5 / D338-5
  • ARB # D-338-5
  • Executive Order No: D-338-5
  • C.A.R.B. No. D-338-5
  • Resolution D-338-5
For Free CARB Executive Order Status verification, email an image of the device Executive Order label as well as the Year/Make/Model and Test Group # of the vehicle to [email protected]

Download: Executive Order D-338-5 PDF

D-338-5 Document:



                                                                              (Page 1 of 2)

                                      State of California
                                 AlR RESOURCES BOARD

                              EXECUTIVE ORDER D—338—5
                       Relating to Exemptions Under Section 27156
                                    of the Vehicle Code

                         HARLEY DAVIDSON MOTOR COMPANY
                          PERFORMANCE IGNITION MODULE
                                   P/IN 32421—94

Pursuant to the authority vested in the Air Resources Board by Section 27156 of the
Vehicle Code; and

Pursuant to the authority vested in the undersigned by Section 39515 and 39516 of the
Health and Safety Code and Executive Order G—45—5;

IT IS ORDERED AND RESOLVED: That the installation of the Performance Ignition
Module, manufactured by Harley Davidson Motor Company of 3700 West Juneau
Avenue, Milwaukee, Wisconsin 53201, has been found not to reduce the effectiveness
of required motor vehicle poliution control devices, and therefore is exempt from the
prohibitions of Section 27156 of the Vehicle Code for 1994—95 model year Harley
Davidson motorcycles equipped with Evolution 1340cc engines.

This exemption shall not apply to any device, apparatus, or mechanism advertised,
offered for sale or sold with, or installed on, a motor vehicle prior to or concurrent with
transfer to an ultimate purchaser.

This Executive Order is valid provided that installation instructions for this device will not
recommend tuning the vehicle to specifications different from those submitted by the
device manufacturer.

Changes made to the design or operating conditions of the device, as exempted by the
Air Resources Board, that adversely affect the performance of a vehicle‘s pollution
control system shall invalidate this Executive Order.

Marketing of this device using an identification other than that shown in this Executive
Order or marketing of this device for an application other than those listed in this
Executive Order shall be prohibited unless prior approval is obtained from the Air
Resources Board. Exemption of a kit shall not be construed as an exemption to sell,
offer for sale, or advertise any component of the product as an individual device. .

This Executive Order does not constitute any opinion as to the effect that the use of this
device may have on any warranty either expressed or implied by the vehicle
manufacturer.


HARLEY DAVIDSON MOTOR COMPANY                         EXECUTIVE ORDER D—338—5
PERFORMANCE IGNITION MODULE                                (Page 2 of 2)


THIS EXECUTIVE ORDER DOES NOT CONSTITUTE A CERTIFICATION,
ACCREDITATION, APPROVAL, OR ANY OTHER TYPE OF ENDORSEMENT BY THE
AIR RESOURCES BOARD OF ANY CLAIMS OF THE APPLICANT CONCERNING
ANTI—POLLUTION   BENEFITS OR ANY ALLEGED BENEFITS OF THE
PERFORMANCE IGNITION MODULE, P/N 32421 —94.

No claim of any kind, such as "Approved by the Air Resources Board" may be made
with respect to the action taken herein in any advertising or other oral or written
communications.

Section 17500 of the Business and Professions Code makes untrue or misleading
advertising unlawful, and Section 17534 makes violation punishable as a misdemeanor.

Section 43644 of the Health and Safety Code provides as follows:

       "43644,   (a)   No person shall install, sell, offer for sale, or advertise, or, except
       in an application to the state board for certification of a device, represent, any
       device as a motor vehicle pollution control device for use on any used motor
       vehicle unless that device has been certified by the state board. No person shall
       sell, offer for sale, advertise, or represent any motor vehicle pollution control
       device as a certified device which, in fact, is not a certified device. Any violation
       of this subdivision is a misdemeanor."

Any apparent violation of the conditions of this Executive Order will be submitted to the
Attorney General of California for such action as he deems advisable.

Executive Order D—338—2 dated January 27, 1994, is superseded and of no further force
and effect.                                           —

Executed at El Monte, California, this Z/é day of November, 1994.




                                             R.B. Symmerfield
                                             Assisfant Division Chief
                                              Mobile Source Division



Document Created: 2005-09-01 12:45:19
Document Modified: 2005-09-01 12:45:19

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