A deleted truck is a diesel truck in which the emissions system has been removed or rendered disabled. Federal and state law requires certain emissions systems on diesel trucks and makes it illegal to remove or disable the systems. If caught by a DOT inspection, the truck will be rendered inoperable and thousands of dollars of fines may be imposed.

While the law permits repairs to be made on deleted trucks, most reputable dealers will not work on deleted trucks unless the emissions system is reinstated, which is usually costly. And if it is discovered that the truck is “deleted,” any warranty covering the truck will be rendered void. The warranty is not likely to cover the reinstatement or any repair to the aftertreatment system.

Like many other representations made by dealers, if the dealer represents that the truck has a working DEF system and it turns out not to be true, liability may be imposed upon the dealer for the ensuing losses.

I recently obtained a very large verdict against a large truck dealer for selling a deleted truck to my client, while at the same time representing that the truck had NOT been deleted. The jury also found that it was a “knowing” violation, meaning that the dealer knew the representation was false when they made it.

If you are not knowledgeable about emissions systems, as my client was not, when considering buying a new or used truck, it is advisable to have an inspection by a third party to verify the condition of the emissions system, as well as other conditions of the truck.

While it is the dream of many to run their own business, such as a trucking business, the discovery that the truck you invested in actually has a deleted emissions system, may destroy your business and impose other significant costs. Be sure to check out any purchase before you sign on the dotted line.