A person commits the offense of unlawful disconnection or alteration of pollution control equipment if the person does any of the following:
(a)
Disconnects or permits to be disconnected a factory installed motor vehicle air pollution control device or a factory-installed system, as defined in ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400), or knowingly and willfully permits such device or factory-installed system to become or remain inoperative.
(b)
Modifies or alters a certified system or factory-installed system, as defined in ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400), in a manner that decreases its efficiency or effectiveness in the control of air pollution.
(c)
Modifies or alters an installed, approved retrofit technology for which proof of certification has been issued under ORS 468A.810 (Certification of approved retrofit technologies) in a manner that decreases its efficiency or effectiveness in the control of air pollution.
(2)
The following exemptions to this section are established:
(a)
This section does not apply when factory-installed motor vehicle air pollution control equipment, systems or devices are disconnected for the purpose of conversion to gaseous fuels including, but not limited to, liquefied petroleum gases and natural gases in liquefied or gaseous form.
(b)
This section is not intended to prohibit the use of replacement, conversion, turbocharger or other alternative components in a certified or factory-installed system if the components do not significantly affect the efficiency or effectiveness of the system in controlling air pollution.
(3)
The offense described in this section, unlawful disconnection or alteration of pollution control equipment, is a Class A misdemeanor, but each day of violation does not constitute a separate offense. [1983 c.338 §506; 2019 c.645 §10]