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Legality of Recalibrating

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Keith Browning

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Seriously. I have read in "other forums" here or there that it is illegal for a dealership to reprogram a truck without the owner's consent. I have never heard this bought up other than by some Super Duty owner proclaiming that he doesn't want the Stealership changing his truck by re-flashing it without his permission.

 

I can see the owner's point and concede it is a fair to consider his wishes before changing the way his truck operates such as how the truck shifts or how long the "Cleaning Exhaust Filter" warning appears. All to me seemingly stupid reasons considering some of the many important improvements to performance, safety and reliability though a loss in fuel economy would have me fit to be tied.

 

But is it illegal to do so? Could this be considered changing the product that someone bought? Is that a crime? Are we criminals? If this were the case I would think that Ford would have made this very clear years ago and a policy would be in place concerning this matter.

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Back to the days of the 06E17 fiasco. Why would you even ask if WE are the criminals? WE are only doing what FORD tells us to do. If the customers perceive US as th criminals, oh well I guess you can't fix stupid ......

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As far as I know the programs these guys run are not approved by the EPA for on-road use. The ones Ford issue are. To be absolutely techincal reprogramming with anyone other than Fords calibration is emissions tampering and that makes them the criminal

 

Last I checked most guys are driving to the dealership to have their trucks worked on. These are the same guys that buy a truck with a $14,000 engine and find it somehow necessary to void the warranty.........and funny how it's the same guys that want to hide and lie to us about their tune. They get what they deserve if you ask me

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As I understand some of the legal mumbo-jumbo, the first consideration might be the calibration as part of the vehicle reliability package.

 

Most recalibrations are, at least in part, designed to reduce the number of "nuisance alarms" - codes and MILs that occur because a 'tolerance' is too tight... They might include changes to the number of excursions outside operating parameters that a reading is allowed per key cycle or perhaps the number of consecutive key cycles the fault has to occur in to set.

 

Part of the recal might be in regards to the emissions control system itself... Scheduling or denying output events under some operating conditions (like the denial of EGR function at idle on a 6.0 or the denial of EGR action during PTO operations where the motor actually becomes a stationary powerplant rather than a motor vehicle) in order to improve the reliability or function of an output device.

 

In many areas, AFAIK, emissions testing consists of a visual and a code scan. A later recal should reduce the possibility of a nuisance code from affecting the emissions testing of any particular vehicle.

 

While all this only covers "factory" tunes, many will be surprised to learn that several aftermarket products either have CARB approval or have CARB approval pending.

 

Where things might get a wee bit sticky.... from what I have found (and I haven't been trying that hard), CARB approvals come from the affected devices being tested on engines that are most likely very close to stock to begin with (including functioning EGR system, functioning DPF systems and so on, where applicable).

 

At the same time, just because CARB feels that a device is clean enough to use on the street, it does not automatically follow that it will not have the opportunity to affect the service life of a vehicle or subassembly... and, engineers being engineers ( and enjoying varying stages of employment and employability ), I don't see anyone signing off on a strangers program....

 

And that opens the door for some food for thought..... What are the chances that the guy writing the fuel curves for Ford is the same guy writing the fuel curves for Edge or whomever in some cases (No offence intended to any of our august contributors... some might even know where part of the germ of that idea came from....).

 

Now, to answer Kieths question. Many repair strategies include, as a very early step, reflash to the latest calibration. Now, the guy either wants his truck fixed - or he doesn't. If they tell me to reflash a truck before I change parts and I don't, it might get branded as an ineffective repair. I don't think that this is a real good place to be.

 

Still more reflashes come in the form of a FSA. Ford can insist that warranty coverage expired when the customedid not have his module(s) reflashed when he was advised.

 

Nitpicky? You bet.... In this litigious world we live in, you can get sued for about anything the plaintiff can generate sympathy for.... and if a jury is involved.... when was the last time some hack worked on his or her car and left grease on the door handle or the radio on the wrong station or the seat in the wrong position or.....

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Any time I connect to a vehicle, I update calibrations. I don't charge extra, I include it as part of my diagnosis. If somebody has an issue with that, they can find somebody else to work on it. JMHO.

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