Engine Swaps: Emission Laws And Your Car

Engine swapping is a complex process that requires careful consideration of various legal and technical aspects. When swapping an engine, it is essential to comply with emission laws and regulations to avoid penalties and ensure the vehicle's road legality. The specific emission laws applicable to engine swaps may vary depending on the location, but some general guidelines and considerations can be outlined.

In the United States, the Environmental Protection Agency (EPA) has established policies and regulations regarding engine switching. The Clean Air Act prohibits tampering with emission control devices and imposes civil penalties for violations. State laws may also have specific provisions prohibiting tampering and engine switching. It is important to consult the relevant state laws and regulations for comprehensive information.

In California, for example, the basic intent of engine change laws is to ensure that the new engine does not pollute more than the original one. The newly installed engine must be the same year or newer, and all emissions controls must be installed and functional. A similar principle applies in the United Kingdom, where engine swaps must comply with emissions and environmental standards set by the government. The replacement engine should meet or exceed the emission standards of the original engine.

To ensure compliance with emission laws, it is generally recommended to consult with professionals and relevant authorities, such as the EPA or state inspection stations in the US and the Driver and Vehicle Standards Agency (DVSA) in the UK. Proper documentation and notification to authorities and insurance providers are also crucial steps in the engine swapping process.

The EPA's policy on engine switching

The United States Environmental Protection Agency (EPA) has a strict policy on engine switching, which is covered under the provisions of Mobile Source Enforcement Memorandum No. lA. The EPA will not consider any modification to a "certified configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions are not adversely affected. A "certified configuration" refers to an engine or engine chassis design that has been approved by the EPA before the production of vehicles with that design.

Federal Law

The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act. This act prohibits any person from removing or rendering inoperative any emission control device or element of design installed on a motor vehicle or engine prior to its sale and delivery to the purchaser. It also prohibits the sale or installation of any part or component that bypasses or renders inoperative any such device or element of design. The maximum civil penalty for a violation of this act by a manufacturer or dealer is $25,000, while for any other person, it is $2,500.

State Laws

In addition to federal law, many states have their own statutes or regulations prohibiting tampering with vehicle emissions. Some states specifically prohibit engine switching, while others have more general anti-tampering laws. State or local programs that pass illegally engine-switched vehicles may mislead federally regulated parties into believing that engine switching is allowed by federal law. Therefore, the EPA strongly recommends that state and local programs set their requirements to be consistent with federal law.

California Smog Laws

California's smog laws on engine swaps are consistent with common sense, safety, and emissions reduction. The basic intent of these laws is that when an engine swap is performed, the new engine/transmission cannot pollute more than the original. This means that the newly installed engine must be the same year or newer as the vehicle, and all emissions controls on the new engine must be installed and functional. California's smog laws are recognized by the EPA as applicable across the nation. This means that if an engine swap is legal in California, it is considered legal in all other states as well.

Demonstrating Compliance with EPA Regulations

All manufacturers must prove that a vehicle or engine conversion complies with EPA regulations. The required demonstration and notification procedures differ according to the age of the converted vehicle or engine. For new and relatively new vehicles and engines, conversion kit manufacturers must submit applications to the EPA, including test data, certification fees, and other information. Intermediate age vehicles and engines must demonstrate that the conversion meets emissions standards for the year the vehicle/engine was manufactured. Vehicles and engines outside their full useful life must submit information showing that the system is technically sound.

State laws on engine swapping

In the United States, state laws on engine swapping vary, but there are some commonalities. Firstly, it is important to note that rules regulating engine swapping are typically not make/model specific. The key requirement is that a vehicle must retain all emissions components that were present when it was manufactured. These emissions components may include:

• Positive crankcase ventilation (PCV)
• Air cleaner (thermostatic air cleaner) or ACL
• Secondary air injection (AIS)
• Exhaust gas recirculation (EGR)
• Evaporative emission control (EVAP)
• Catalytic convertor (CAT)
• Fillpipe restrictor (FR)

In addition, federal law prohibits any person from removing or tampering with emission control devices or elements of design installed on a motor vehicle prior to its sale. The maximum civil penalty for a violation of this law by a manufacturer or dealer is $25,000, while for any other person, it is $2,500.

State-specific regulations can vary. For example, in California, the basic intent of engine change laws is to ensure that a new engine does not pollute more than the original one. This means that the new engine must be the same year or newer, and all emissions controls must be installed and functional. Additionally, heavy-duty truck engines cannot be installed in certain light-duty trucks due to differing emissions limits. California also has strict smog laws, and vehicles must undergo a Referee Inspection to ensure compliance.

In Texas, all vehicles used on public highways, including reconstructed or rebuilt vehicles, must meet state equipment laws and requirements. The year model of a reconstructed vehicle will be the same as the year of reconstruction, not the original year of manufacture, and it must comply with the corresponding inspection requirements.

It is important to research and understand the specific state laws and regulations regarding engine swapping to ensure compliance and avoid penalties.

California smog laws

California is known for its stringent emissions regulations, and the rules surrounding engine swaps can be complex. The state has adopted the California Air Resources Board (CARB) regulations, which require that all engine swaps be CARB-compliant. This means that the new engine must meet the emissions standards for the year of the engine being installed or newer, and it must be the same model or newer than the vehicle receiving the engine.

The basic intent of the California engine change laws is that the new engine/transmission cannot pollute more than the original. The newly installed engine must be the same year (or newer) as the vehicle, and all emissions controls on the new engine must be installed and functional. For example, if you have an old vehicle with a modern post-1975 engine, the engine and vehicle must meet the emission requirements of the newer engine. Additionally, you can't put a heavy-duty truck engine (over 6000 lb GVW) into a smaller truck as these have less stringent emissions limits.

To get your engine swap approved, you must go to a Referee Station for a Referee Inspection. This inspection will cost less than $40 and will include a visual inspection of the vehicle and engine/transmission for all the proper smog equipment. The referee will also inspect the engine to ensure it is the same year or newer than the vehicle. If all requirements are met, they will put an "Engine Identification" tag in the door jamb.

If your vehicle does not pass the visual inspection, the referee inspector can call the engineering office for a ruling. If the vehicle is still failed and you believe it should pass, you can run it through CARB for a full Federal Test Procedure (FTD), but this can cost thousands of dollars, and your vehicle may still fail.

After the visual inspection, the vehicle will undergo a tailpipe (or sniffer) test. If your vehicle passes both the visual inspection and the tailpipe test, you will get the smog inspection certificate ($7 fee), which is required for vehicle registration.

It is important to note that deleting emissions equipment is universally illegal and can result in failed smog tests, tickets, fines, and even criminal charges and vehicle impounding for repeat offenders. California also requires that you notify the DMV of any engine swap within 10 days, providing documentation such as the engine's make, model, and year, as well as proof of compliance with emissions requirements.

UK laws on engine swaps

In the UK, engine swaps are governed by the Road Vehicles (Construction and Use) Regulations 1986 (C&U Regulations 1986) and administered by the Driver and Vehicle Standards Agency (DVSA) and the Department for Transport (DfT). Here are some key considerations for UK residents planning to perform an engine swap:

Vehicle Type Approval:

Cars in the UK are typically approved for use with a specific engine configuration and type. Altering the engine may impact the vehicle's compliance with type approval requirements. It is crucial to ensure that any engine swap does not compromise safety, emissions, or other regulatory standards.

Emissions and Environmental Standards:

Engine swaps must comply with government-set emissions and environmental standards. The replacement engine should meet or exceed the emission standards applicable to the original engine or adhere to specific emissions regulations. The MOT Inspection Manual clarifies that if a vehicle first used before 1 September 2002 is fitted with an older engine, it is tested against the standards for the engine. Conversely, if the vehicle is first used on or after 1 September 2002 with a different engine, the emissions standards for the vehicle's age apply.

MOT Testing:

When a modified car undergoes its annual MOT test, it must meet safety and emissions requirements. The engine swap should not adversely affect the car's ability to pass this test.

Professional Installation:

While DIY engine swaps are possible, it is generally recommended to engage a qualified professional. This ensures compliance with relevant regulations and a correct installation.

Notification and Documentation:

Informing the DVLA about the engine swap and updating the car's registration documents are crucial steps. Appropriate documentation, including proof of the engine's origin, may be required. The DVLA website outlines the evidence needed, which may include a receipt for the replacement engine, written evidence from the manufacturer, an inspection report for insurance purposes, or written confirmation from a garage.

Insurance Considerations:

Informing your insurance provider about any modifications, including engine swaps, is essential. Failure to disclose modifications may invalidate your insurance coverage.

It is worth noting that specific requirements and regulations for engine swaps can vary depending on factors such as car type, engine size, emissions, and local authorities. Therefore, consulting current guidelines provided by the DVSA, DfT, or seeking legal advice for precise and up-to-date information is advisable.

Insurance considerations for engine swaps

When it comes to insurance, it is generally recommended to inform your provider about any engine swaps or significant modifications made to your vehicle. Failing to disclose such changes could result in your policy being invalidated if you are in an accident. This means that your insurance company may refuse to pay your claim, leaving you responsible for repairing or replacing your vehicle, as well as any other property damage or medical expenses incurred.

Some insurance companies may increase your rates after an engine swap, especially if the new engine is worth more or increases the performance of your vehicle. However, not disclosing the swap to avoid higher rates could lead to more severe consequences in the event of an accident. It is important to remember that insurance companies are insuring you to drive the specific vehicle you declared, with its original engine.

If you want to be reimbursed for your engine swap and any other modifications in the event of a total loss, it is crucial to inform your insurance company. They may require a visual inspection or additional paperwork to approve the changes. Some companies offer stated value policies, where you and the insurer agree on a specific value for your vehicle, taking into account any modifications, and your rates are adjusted accordingly. This is a common practice for collector car insurance.

It is worth noting that insurance laws and policies can vary by state and country, so it is always best to consult your local regulations and speak with your insurance agent to understand your specific situation. While some insurance carriers may allow modifications without any changes to your policy, others may have strict policies against modified vehicles.

Ultimately, the decision to inform your insurance company about an engine swap depends on several factors, including the value and performance impact of the new engine, as well as your comfort level with the potential risks. However, it is generally advisable to err on the side of caution and disclose any significant modifications to ensure you have the appropriate coverage in case of an accident.

Frequently asked questions