Comment Log Display

All,

Those of us who attended the May 25th meeting in San Diego were
able to review pictures of an installed after market PM trap on a
machine provided by Gary Rohman at Ecco. The PM trap was mounted
on top of the engine compartment, obstructing the view of the rear
of the machine provided originally by the manufacturer. 

When an after market PM trap is installed on a machine and an
accident occurs while moving the machine in reverse - who will be
responsible? 

The operator can say his view was obstructed. 

The manufacturer can say the machine was modified outside of
original safety specifications for operator visiblity.

This leaves the liability at the feet of the equipment owner who
was mandated to install the PM trap on the machine by CARB.

What will insurance companies charge for General Liability to
machine owners who have added PM traps, reducing or removing
manufacturer's liability on those machines? 

Will insurance companies accept that risk when this scenario is
discovered?

The manufacturer's liability for machine modification should
remain with the machine manufacturers.

Caterpillar dealer representatives have testified that the
installation of PM traps on their machines will void engine
warranties.

Until the manufacturer's are held responsible and provide
manufacturer approved PM traps for installation on the
manufacturer's equipment - product liability will rest with the
machine owners who must follow CARB mandates.

By voting to adopt these proposed measures July 26, CARB is
forcing unnecessary risk and liability on machine owners.

Scott Johnson
Red Mountain Machinery Company