For those who grew up in Western North Carolina the phrase “Rolling Coal” or “Roll Coal” is likely a familiar term. However, many are unfamiliar with this practice. “Rolling Coal” is the exercise of modifying a diesel engine to emit large amounts of black smoke when the driver hits the accelerator. A diesel engine emitting black smoke can be a sign that the engine is not operating properly. However, in most cases these days, the billowing black smoke of a diesel truck that you see as you are driving down the highway is probably due to intentional modifications. Drivers can create black smoke clouds by removing pollution control devices in the vehicle, such as eliminating the particulate filter. Rolling Coal is a popular practice among teenage boys, who often do it to show off for friends or attract attention. Others, however, roll coal to protest environmental regulations or certain groups. But is this practice of “rolling coal” illegal in North Carolina?
The practice of rolling coal violates North Carolina and federal laws and regulations. Specifically, the practice violates NC General Statute 20-128 “Exhaust system and emission control devices” and 20-128.1 “Control of Visible Emissions.” NC Statute 20-128 particularly prohibits driving a vehicle that is not equipped with emissions control devices. Modified vehicles that can “roll coal” are traditionally not equipped with those control devices. Secondly, according to the second NC Statute 20-128.l, it is illegal for any diesel-powered vehicle to emit relatively dark air contaminants. The North Carolina Environmental Quality website has a form to report smoking vehicle sightings within two weeks. Under North Carolina law, any driver whose truck violates these statutes has 30 days to make necessary modifications to conform to state environmental standards. If these modifications are not made, the vehicle owner may be subjected to several penalties. In addition, a coal-rolling truck will not pass annual inspections at auto shops unless these illegal modifications are remedied.
Vehicles with rolling coal modifications also violate Title II of the Clean Air Act – Emission Standards for Moving Sources. This section determines that it is a violation to modify a vehicle in a way that “bypasses, defeats, or renders any inoperative any emissions control device on a motor vehicle by removing it.” Both state and federal environmental agencies are worried that these illegal modifications are releasing a massive amount of excess emissions, which can contribute to the air pollution problem.
If you believe that you may have bought a vehicle or currently own one that has been potentially modified to emit a large amount of black or you have been charged for engaging in the practice of “rolling coal” give us a call. At King Law, there are attorneys throughout North and South Carolina who handle these types of cases and can represent you in this unique situation. Call our toll-free number at (888)-748-KING to request a consultation with one of these experienced attorneys.
