Does anybody think this arguement is new?
Its been around for years.
I think most of the E marked ECU's are only so due to type approval for OEM use, i think.
It all gets blown up occasionally when someone does recieve a enquiry from the police or they want to push a competitive advantage. Its just one of those things that any industry has to deal with.
If it was such a hardcore case then every aftermarket component will deem a car illegal. Every apexi SAFC, VAFC, Power FC, twiddly little dash mounted boost controller and other jap bit thats bolted to almost every tuned car. All the American, Australian, European and Asian ECU that is not E marked but used one rally cars which have to use public roads to get from stage to stage. There is a whole world out there and most likely some Govt. vehicles which will contain non tested equipment.
What do all the masses of megasquirt users do with their road cars and DIY ECU's?
Then the insurance side of things, they cover you, its a contract....you've paid. In most cases where all mods are declared including the brand of ECU, they are more than capable to check if what they are insuring is what they deem 'legal'....as they are in the business of risk. If you dont declare all mods, well fraud is another matter.
It all depends how vindictive people want to get.
And just use an example, IF Andy is running one of VEMS' wideband meters and using the wideband or narrowband output with the omex, then technically a non E marked component that has a direct impact on the performance of the vehicle is being used. Illegal?