The First Gas Powered Scooter Case is Settled

This page finalized August 1, 2006.


In response to the extraordinary efforts of Mobile Source Enforcement and Office of Legal Affairs staff, the first case against small gas engine powered scooters has settled for over $100,000. In addition to the penalties, and of even greater importance to the Air Resouces Board (ARB) and our Small Off-Road Engine Regulations, the settlement required Komatsu Zenoah (KZ) and Patmont Motor Werks (PMW) to withdraw their objections to the United States Environmental Protection Agency's (U.S. EPA) authorization for California to set more stringent rules for this engine category.
This settlement finalizes a case against KZ and PMW for introducing into commerce in California non-California certified engines installed on motorized scooters also known as Gopeds®. The more stringent Tier II standards of ARB's Small Off-Road Engine Regulations became effective for production units built after January 1, 2000. During the calendar year 2000 and the first three quarters of 2001, PMW sold in California motorized scooters and other non-preempted applications equipped with two stroke engines that were not certified to conform to the Tier II standards. Under the terms of the settlement agreement, KZ and PMW together paid $100,000 to the Air Pollution Control Fund and will pay an additional $2,675 within 60 days of the execution of the settlement. The latter amount may be reduced by $25 for each non-compliant scooter sold after August 1, 2001, and repurchased by PMW before the additional payment date. All future products sold by PMW in California will be equipped with a Tier II certified KZ engine.
The successful outcome of this case is a tribute to the teamwork and tenacity of ARB Field Representatives, Investigators and Attorneys. With our U.S. EPA waiver now on a solid footing, the ARB will continue to take enforcement action against non-compliant scooters and other applications of non-certified small off-road engines.

Case Settlements