Tether has to be off and the key on for the valve to work. If you rolled your sled with the key off and tether pulled the valve would not be closed. I'm not sure what scenario that would happen unintentionally but you can outthink it to fail I guess.
Breather comes from right side so tipping it on the left side usually is pretty safe. If you are upside down on the right side is where it gets messy. The other thing to remember is that once you have the sled back on the track you should always tip it a little to the right to get the oil that is in the hose (across the motor to the valve) time to drain back down. Don't turn key off until you have a little angle for it to run back into motor. I have had guys tell me they still got a fair bit of oil into the turbo and once I explain you have to give it a chance to run back they understand. That hose can be pretty full if it sits in the right spot....which you know is Murphy's Law.
During a 45 min unstuck in a tree well upside down is where the smart module becomes nice, draws less power to keep the valve closed.
Gene brings up a good point about the breather hose. It has an ID of 3/4" and can indeed hold quite a bit of oil!
On the M1100T the hose has a fairly long section where it runs somewhat horizontally as it crosses over from the right side of the sled, to the air filter/cold air intake on the left (clutch) side. Because of the relatively low "slope angle" of this section of hose, it can slow down the oil drain back progress out of the breather hose. Tipping the sled to the right increases the "slope angle" of the breather hose and speeds up the drain back time.
Also one of the benefits of the ROVCM is that it can close the valve faster if there is some oil residue remaining in the valve/hose from a previous roll-over event.
Bill
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