An Act Concerning Motor Vehicle Emissions Control System Tampering
Maine Legislature, Session 130, LD 0872
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: ZEIGLER
Amends: 38 MRSA §585-O

Legislative Document
No. 872
H.P. 640
House of Representatives, March 8, 2021
An Act Concerning Motor Vehicle Emissions Control System 
Tampering
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §585-O is enacted to read:
§585-O.  Motor vehicle emission control system tampering
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Dealer" means a person engaged in the business of buying, selling, exchanging or 
offering to negotiate, negotiating or advertising the sale, lease or rental of a motor 
vehicle and that has:
(1)  An established place of business for those purposes in this State; and
(2)  A current dealer license issued by the Secretary of State.
"Dealer" does not include the State when selling state-owned motor vehicles. 
B.  "Emission control system" means a device or element of design installed on or in a 
motor vehicle or engine by the original manufacturer and certified to comply with 
pollutant emission standards established by federal or state law. 
C.  "Motor vehicle" means a self-propelled vehicle intended for operation on roads. 
D.  "Person" means an individual, corporation, firm, partnership, joint venture, 
association, fiduciary, trust, estate or any other legal or commercial entity. 
E.  "Tamper" means to deactivate, dismantle, defeat, bypass, alter, modify, remove or 
otherwise render inoperable, in whole or in part, mechanical or electronic components 
of the emission control system that is installed on or in a motor vehicle by the original 
manufacturer of the motor vehicle. 
2.  Tampering prohibited.  Tampering with the emission control system of a motor 
vehicle is prohibited as provided in this subsection.
A.  A person may not tamper with the emission control system of a motor vehicle for 
compensation, except to repair or replace a part or all of the emission control system 
to return the emission control system to its original manufacturer's certified 
specifications. 
B.  A dealer may not sell, lease or rent, or offer to sell, lease or rent, or transfer title or 
right of possession of a motor vehicle if a person has tampered with the emission 
control system of the motor vehicle.
3.  Penalties.  A person that violates this section is subject to penalties under section 
349. 
4.  Rulemaking.  The department may adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
SUMMARY
This bill prohibits a person from tampering with the emission control system of a motor 
vehicle and also prohibits a dealer from the sale, lease or rental or transfer of title or right 
of possession of a motor vehicle if a person has tampered with the emission control system.