WASHINGTON -- Derive Systems on Monday agreed to pay $6.25 million to improve internal compliance procedures and pay a civil penalty of $300,000 to settle charges that it sold 363,000 aftermarket emissions control defeat device software for cars and trucks, the EPA and Department of Justice said.
Derive manufactured and sold software designed to access and overwrite original vehicle manufacturers' software for monitoring vehicles' onboard diagnostics of emissions control to comply with the Clean Air Act. The products were sold under the brand names Bully Dog and SCT. Derive's software enabled users to remove emission control components that reduce tailpipe emissions, including catalysts, diesel particulate filters, exhaust gas recirculation systems, elements of onboard diagnostic systems, and other certified components.
Under the settlement, Derive must stop selling noncompliant tuners and retrofit existing tuners so that they comply with the law. It also must stop instructing consumers how to defeat emissions controls in their vehicles and train employees to comply with the law.
The EPA has made clear in recent years that it will enforce laws prohibiting modifications to certified vehicles' emissions components.