Home -> Law Blog Directory -> Constitutional Law Blogs -> Chris King's 1st Amendment Page

Constitutional Law

: Chris King's 1st Amendment Page

KingCast sees Kawasaki Motor Corp. try to weasel out of Federal emissions mandate on the 650R - ER6.

By Christopher King

Federal Law requires that emission control systems on a Class III motorcycle maintain through five (5) years or 30,000KM/18,641 miles. So I leave on a 500+ mile excursion from Boston through North Country last week, where I shot a short film. On the way up the baffles of the stock exhaust system give way and the bike looses some of its substantial midrange sparkle, vim and vigor. This started happening just before the Federally-mandated limit -- you can see by the time I got back to Boston I was at 19,092 miles (invoice scan). The kicker is that everybody knows the speedometer of any bike, and especially the 650R, is a tad optimistic, more than 2% that's for certain and closer to 10%. If the speedo is off, then the odo is off, duh. Even if I had not started my trip "early," Two per cent at 19K miles = 380 miles right there, my friends. So I'm clearly in range for a warranty application.

See also In Re: Nissan North America Odometer Litigation No. 3:08-md-1921. United States District Court, M.D. Tennessee, Nashville Division (February 2, 2009), distinguishing Baxter v. Kawasaki Motors Corp., No. 07 C 6745, slip op. (N.D. Ill. July 17, 2008).

Having been an Internet manager for a bike dealer I know damn well Kawasaki could have replaced the muffler but to date has declined to do so. I don't skimp on the mechanicals for the rig, you followers know that. Tyres, chain/sprockets, clutch, fresh synthetic oil, constant cleaning, etc.

The local dealer (Boston Motorsports) is great, they performed the valve adjustment I requested on the spot and then telephoned Kawasaki, whereupon some corporate bean counter said

"Ha!..... we've got him, he's just out of warranty, he can go pound sand, we don't care how much he celebrates on YouTube the magnificent nature of the Kawasaki 650R/ER6...."

If that's the way they want to run their game, so be it. I'll just note as much right here and go get a damn aftermarket system, post this to New England Street Riders, contact the FTC and be done with it.

Now some folks at Kawasaki have been very cool, trying to help out in ways that they can, but I made the point clear to the lower echelon staff that they should not have to do this. I also left a message with supervisor Rick, and told them that I prefer the stock can, even though it is heavy and I lose a few ponies, because it is quiet, stealth, and has a 3-way catalyser for the environment.

Whatever guys, I hope you're happy you saved a few corporate dollars. To hell with good will and customer satisfaction. Back in the Day, it was okay not to know or care about emissions......

Full post as published by Chris King's 1st Amendment Page on July 24, 2010 (boomark / email).