'Diesel Brothers' Fined $850,000 for Rolling Coal

Matt Posky
by Matt Posky

The hosts of the Discovery Channel’s Diesel Brothers have been fined $851,451 for selling modified pickups that violate Utah law and the federally recognized Clean Air Act.

U.S. District Court Judge Robert Shelby also said the plaintiffs, Utah Physicians for a Healthy Environment, could submit their attorney fees for the defendants to pay. Cole Cannon, lawyer to the stars, has said the plaintiffs’ attorneys previously told the judge they were seeking $1.2 million.

Friday’s court documents stipulate that David “Heavy D” Sparks, Joshua Stuart, Keaton Hoskins, and “Diesel Dave” Kiley pay $761,451 to the U.S. government with the remaining $90,000 going to Davis County in Utah. The group has already been found guilty of removing particulate filters and exhaust recirculation systems on the cars used for the television program. The only genuine surprise was the sizable fine — as well as some court-appointed rules that will probably make the show less exciting to watch.

According to The Salt Lake Tribune, Judge Shelby was appalled by footage of the brothers (who are only related by their common love of all things diesel) rolling coal — especially because they seemed to be making a profit from it.

“These economic benefits,” he explained in his ruling, “continue extending well beyond the profits from these prohibited activities to defendants’ status as television and social media celebrities, the reputation and notoriety of their brands, and the economic leverage they have used to accumulate assets and start new businesses.”

Shelby also said the show will be prohibited from removing pollution mitigation systems for the show or selling any vehicles without the required emissions equipment, noting that any missteps could put them in contempt of court. Considering the Diesel Brothers’ entire premise revolves around the building of brash diesels with more power, it could be tricky rule to follow.

While the show’s habit of selling (or simply giving away) modified vehicles used in filming isn’t abnormal, it has opened it up to complications. Physicians for a Healthy Environment had an ace up its sleeve when it purchased one of the program’s modified trucks. Intended to be used as evidence from the outset, the pickup was sent to Denver for testing.

Documents show the rig emitted 36 times more pollution and 21 times the amount of particulate matter than an identical truck equipped with proper emission control devices. A case was made against the show, with plaintiffs adding that Sparks also runs a website, called Dieselsellerz, that allows customers to buy and sell used pickups with illegal modifications.

It appears to have been a rather effective strategy. Reed Zars, an attorney representing Utah Physicians, noted that the judge came extremely close to issuing the maximum fines allowable by law.

The Diesel Brothers have responded by saying the changes needed to keep diesels in line with regulatory laws have become ridiculous, noting that they’ve tried to adhere with rules as environmental groups continue hunting for ways to cripple aftermarket companies and tuners. Furthermore, they claim that some of the modifications performed on the show actually improve MPGs and power. It’s their belief that such modifications would be desirable to consumers. They added that the court completely ignored their routine usage of biofuels.

[Image: Toa55/Shutterstock]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Art Vandelay Art Vandelay on Mar 15, 2020

    The buyers of these trucks also by in large knew what they were getting. They should get very nice letters informing them that they have a fixed amount of time to have the vehicles brought into compliance or lose the ability to register them in any state. Should they continue to operate on public roads after that, without repair, crush em'. And "rolling coal" is dangerous outside of the carcinogens...you are obscuring the vision of the driver you are rolling. This behavior should be treated as street racing with heavy fines, and a similar strategy as above.

  • Steve Steve on Mar 21, 2020

    I've been a big fan of anything with wheels and pistons for decades. But this b---sh-t rolling coal is for toothless, hillbilly morons. Build a truck and use it as a truck and not as some idiot magnet. WTF...lump in burn out contests with that as well.

  • Bd2 Lexus is just a higher trim package Toyota. ^^
  • Tassos ONLY consider CIvics or Corollas, in their segment. NO DAMNED Hyundais, Kias, Nissans or esp Mitsus. Not even a Pretend-BMW Mazda. They may look cute but they SUCK.I always recommend Corollas to friends of mine who are not auto enthusiasts, even tho I never owed one, and owned a Civic Hatch 5 speed 1992 for 25 years. MANY follow my advice and are VERY happy. ALmost all are women.friends who believe they are auto enthusiasts would not listen to me anyway, and would never buy a Toyota. They are damned fools, on both counts.
  • Tassos since Oct 2016 I drive a 2007 E320 Bluetec and since April 2017 also a 2008 E320 Bluetec.Now I am in my summer palace deep in the Eurozone until end October and drive the 2008.Changing the considerable oils (10 quarts synthetic) twice cost me 80 and 70 euros. Same changes in the US on the 2007 cost me $219 at the dealers and $120 at Firestone.Changing the air filter cost 30 Euros, with labor, and there are two such filters (engine and cabin), and changing the fuel filter only 50 euros, while in the US they asked for... $400. You can safely bet I declined and told them what to do with their gold-plated filter. And when I changed it in Europe, I looked at the old one and it was clean as a whistle.A set of Continentals tires, installed etc, 300 EurosI can't remember anything else for the 2008. For the 2007, a brand new set of manual rec'd tires at Discount Tire with free rotations for life used up the $500 allowance the dealer gave me when I bought it (tires only had 5000 miles left on them then)So, as you can see, I spent less than even if I owned a Lexus instead, and probably less than all these poor devils here that brag about their alleged low cost Datsun-Mitsus and Hyundai-Kias.And that's THETRUTHABOUTCARS. My Cars,
  • NJRide These are the Q1 Luxury division salesAudi 44,226Acura 30,373BMW 84,475Genesis 14,777Mercedes 66,000Lexus 78,471Infiniti 13,904Volvo 30,000*Tesla (maybe not luxury but relevant): 125,000?Lincoln 24,894Cadillac 35,451So Cadillac is now stuck as a second-tier player with names like Volvo. Even German 3rd wheel Audi is outselling them. Where to gain sales?Surprisingly a decline of Tesla could boost Cadillac EVs. Tesla sort of is now in the old Buick-Mercury upper middle of the market. If lets say the market stays the same, but another 15-20% leave Tesla I could see some going for a Caddy EV or hybrid, but is the division ready to meet them?In terms of the mainstream luxury brands, Lexus is probably a better benchmark than BMW. Lexus is basically doing a modern interpretation of what Cadillac/upscale Olds/Buick used to completely dominate. But Lexus' only downfall is the lack of emotion, something Cadillac at least used to be good at. The Escalade still has far more styling and brand ID than most of Lexus. So match Lexus' quality but out-do them on comfort and styling. Yes a lot of Lexus buyers may be Toyota or import loyal but there are a lot who are former GM buyers who would "come home" for a better product.In fact, that by and large is the Big 3's problem. In the 80s and 90s they would try to win back "import intenders" and this at least slowed the market share erosion. I feel like around 2000 they gave this up and resorted to a ton of gimmicks before the bankruptcies. So they have dropped from 66% to 37% of the market in a quarter century. Sure they have scaled down their presence and for the last 14 years preserved profit. But in the largest, most prosperous market in the world they are not leading. I mean who would think the Koreans could take almost 10% of the market? But they did because they built and structured products people wanted. (I also think the excess reliance on overseas assembly by the Big 3 hurts them vs more import brands building in US). But the domestics should really be at 60% of their home market and the fact that they are not speaks volumes. Cadillac should not be losing 2-1 to Lexus and BMW.
  • Tassos Not my favorite Eldorados. Too much cowbell (fins), the gauges look poor for such an expensive car, the interior has too many shiny bits but does not scream "flagship luxury", and the white on red leather or whatever is rather loud for this car, while it might work in a Corvette. But do not despair, a couple more years and the exterior designs (at least) will sober up, the cowbells will be more discreet and the long, low and wide 60s designs are not far away. If only the interiors would be fit for the price point, and especially a few acres of real wood that also looked real.
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