Defeat device definition

Defeat device means any element of design which senses temperature, vehicle speed, engine rotational speed, drive gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use. Such an element of design shall not be considered a defeat device if:
Defeat device means a device that measures, senses or responds to operating variables (e.g., engine speed, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or the function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal operation, unless the use of such a device is substantially included in the applied emission certification test procedures.
Defeat device means an AECD that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered in normal operation and use, unless (1) such conditions are substantially included in the emission test procedure, (2) the need for the AECD is justified in terms of protecting the engine against damage or accident, or (3) the AECD does not go beyond the requirements of engine starting.

Examples of Defeat device in a sentence

  • Defeat device includes any auxil- iary emission control device (AECD) that reduces the effectiveness of the emission control system under condi- tions which may reasonably be ex- pected to be encountered in normal op- eration and use unless such conditions are included in the test procedure.

  • Defeat device does not include such items which either operate only during engine starting or are necessary to protect the engine (or vehicle or equipment in which it is installed) against damage or accident during its operation.

  • Defeat device does not include such items which either operate only during engine starting or are necessary to protect the engine (or equipment in which it is installed) against damage or accident during its operation.[59 FR 31335, June 17, 1994.

  • Defeat device includes any auxil- iary emission control device (AECD) that reduces the effectiveness of the Environmental Protection Agency § 91.113 emission control system under condi- tions which may reasonably be ex- pected to be encountered in normal op- eration and use, unless such conditions are included in the test procedure.

  • The Issuer will use commercially reasonable efforts to not take or permit any action that would result in the Issuer being treated as a publicly traded partnership, taxable mortgage pool or otherwise taxable as a corporation for U.S. federal income tax purposes.


More Definitions of Defeat device

Defeat device means an AECD that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered in normal vehicle operation and use, unless:
Defeat device means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, modulate, delay or deactivate the operation of any part of the pollution control system, with the purpose of reducing the effectiveness of the pollution control system when the vehicle is driven;
Defeat device means “an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle any Subject Vehicle; (b) the marketing or advertisement of any Subject Vehicle as green, clean, or environmentally friendly (or similar such terms), and/or compliant with state or federal emissions standards, including the marketing or advertisement of any Subject Vehicles without disclosing the design, installation or presence of a Defeat Device; (c) the offering for sale, sale, delivery for sale, or lease of the Subject Vehicles in the Section 177 States; (d) statements or omissions concerning the Subject Vehicles’ emissions and/or the Subject Vehicles’ compliance with applicable emission standards, including, but not limited to, certifications of compliance or other similar documents or submissions; and (e) conduct alleged, or any related conduct that could have been alleged, in any Complaint, Notice of Violation or Notice of Penalty filed or issued by a Section 177 State, and/or a State Environmental Agency8, including, but not limited to, that the Subject Vehicles contain prohibited Defeat Devices that cause the Subject Vehicles to emit NOx in excess of applicable legal standards and that Volkswagen and Porsche falsely reported vehicle emissions, that Volkswagen and/or Porsche tampered with any emissions control device or element of design installed in
Defeat device means (a) “an auxiliary emission control device (AECD) that reduces the
Defeat device means (a) “an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless: (1) Such conditions are substantially included in the Federal emission test procedure; (2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; (3) The AECD does not go beyond the requirements of engine starting; or (4) The AECD applies only for emergency vehicles[.]” 40 C.F.R. § 86.1803-01, or (b) “any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with [the Emission Standards for Moving Sources section of the Clean Air Act], and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use,” 42 U.S.C. § 7522(a)(3)(B). (“ADOT”) on September 18, 2015, or a 3.0 Liter Subject Vehicle that was registered with the ADOT on November 2, 2015. For purposes of this Agreement, if ownership of a 2.0 Liter Subject Vehicle was transferred within Arizona on September 18, 2015, the person(s) who first held ownership on September 18, 2015 is the Eligible Consumer, or, if only one person held ownership in Arizona on September 18, 2015 (i.e., if ownership of the car passed out of state), the person who so held ownership in Arizona is the pertinent Eligible Consumer. Similarly, for purposes of this Agreement, if ownership of a 3.0 Liter Subject Vehicle was transferred within Arizona on November 2, 2015, the person(s) who first held ownership on November 2, 2015 is the Eligible Consumer, or, if only one person held ownership in Arizona on November 2, 2015 (i.e., if ownership of the car passed out of state), the person who so held ownership in Arizona is the pertinent Eligible Consumer.
Defeat device. ’ means any device, system, or element of design which senses operation outside normal