Exhaust law?

[roushcobra03]

I recieved a ticket this morning on my way to work for my (exhaust system modified too loud). I was on Hwy 101 here in California and I was cruising at 65mph, passed a CHP sitting on the side of the road, when about 2 miles down the road I see his lights go on and he got behind me. He comes up to the window and states don't worry you weren't speeding but your exhaust system is too loud. He then proceeds to tell me that any system modified from stock form is illegal. I am wondering how the law reads and if this is true then probably 60-75% of people should be getting these tickets? By the way I now have a Bassanin catted x-pipe and an SLP loudmouth catback.

 

[mswaim]

Without knowing the section you were cited for it's hard to help you with a strategy, however there are two primary sections used in CA. See below:

27150. (a) Every motor vehicle subject to registration shall at all
times be equipped with an adequate muffler in constant operation and
properly maintained to prevent any excessive or unusual noise, and
no muffler or exhaust system shall be equipped with a cutout, bypass,
or similar device.
(b) Except as provided in Division 16.5 (commencing with Section
38000) with respect to off-highway motor vehicles subject to
identification, every passenger vehicle operated off the highways
shall at all times be equipped with an adequate muffler in constant
operation and properly maintained so as to meet the requirements of
Article 2.5 (commencing with Section 27200), and no muffler or
exhaust system shall be equipped with a cutout, bypass, or similar
device.
(c) The provisions of subdivision (b) shall not be applicable to
passenger vehicles being operated off the highways in an organized
racing or competitive event conducted under the auspices of a
recognized sanctioning body or by permit issued by the local
governmental authority having jurisdiction.


27151. (a) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise emitted
by the motor of the vehicle so that the vehicle is not in compliance
with the provisions of Section 27150 or exceeds the noise limits
established for the type of vehicle in Article 2.5 (commencing with
Section 27200). No person shall operate a motor vehicle with an
exhaust system so modified.
(b) For the purposes of exhaust systems installed on motor
vehicles with a manufacturer's gross vehicle weight rating of less
than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or
less, when tested in accordance with Society of Automotive Engineers
Standard J1169 May 1998, complies with this section. Motor vehicle
exhaust systems or parts thereof include, but are not limited to,
nonoriginal exhaust equipment.


Then, to add a little confusion, here's another wrinkle:


27150.7. A court may dismiss any action in which a person is
prosecuted for operating a vehicle in violation of Section 27150 or
27151 if a certificate of compliance has been issued by a station
pursuant to Section 27150.2, or if the defendant had reasonable
grounds to believe that the exhaust system was in good working order
and had reasonable grounds to believe that the vehicle was not
operated in violation of Section 27150 or 27151.


However, to use the section above, you need to read the following one.......

27150.2. (a) Stations providing referee functions pursuant to
Section 44036 of the Health and Safety Code shall provide for the
testing of vehicular exhaust systems and the issuance of certificates
of compliance only for those vehicles that have received a citation
for a violation of Section 27150 or 27151.
(b) A certificate of compliance for a vehicular exhaust system
shall be issued pursuant to subdivision (a) if the vehicle complies
with Sections 27150 and 27151. Exhaust systems installed on motor
vehicles, other than motorcycles, with a manufacturer's gross vehicle
weight rating of less than 6,000 pounds comply with Sections 27150
and 27151 if they emit no more than 95 dbA when tested in accordance
with Society of Automotive Engineers Standard J1169 May 1998.
(c) An exhaust system certificate of compliance issued pursuant to
subdivision (a) shall identify, to the extent possible, the make,
model, year, license number, and vehicle identification number of the
vehicle tested, and the make and model of the exhaust system
installed on the vehicle.
(d) The station shall charge a fee for the exhaust system
certificate of compliance issued pursuant to subdivision (a). The
fee charged shall be calculated to recover the costs incurred by the
Department of Consumer Affairs to implement this section. The fees
charged by the station shall be deposited in the Vehicle Inspection
and Repair Fund established by Section 44062 of the Health and Safety
Code.
(e) Vehicular exhaust systems are exempt from the requirements of
Sections 27150 and 27151 if compliance with those sections, or the
regulations adopted pursuant thereto, would cause an unreasonable
hardship without resulting in a sufficient corresponding benefit with
respect to noise level control.

 

[jshen]

SLP loudmouth catback?

No offense but the name kinda says it all. To quote the above post and I might add the citations are correct...."27151. (a) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise emitted"....That probably applies to every popular cat back system in California. Keep in mind the "Feds" watch what states do..and they have standards as well.

Call the company and ask the customer rep if that system is "legal" for street use in your state. I would suspect...it isn't.... California is probably the most strict. Just because people are selling items...doesn't mean they are legal for "street use", hence the words "off road only".

:shrug:

 

[roushcobra03]

Well it actually reads that I cannot modify it in a manner to which it would exceed the 95 dbA. I was cited for 27151(A) according to my ticket.

 

[mswaim]

Based on the codes, I believe it should be closer to 80 dbA. The 95 dbA level sounds pretty high to me. Even older motorcycles can't exceed 92 dbA in California.

At any rate, you can always take it to a certification station for their opinion which is binding.

 

[roushcobra03]

I just scheduled an appointment for Friday to have it tested. Thanks mswaim for all the info.

 

[captain4g63]

Originally posted by mswaim


At any rate, you can always take it to a certification station for their opinion which is binding.

Drag his ass to court.

 

[stevieb]

What part of 101 were you on? Its good info for us locals.

 

[roushcobra03]

I was going through the Paso Robles area just south of Camp Roberts.

 

[mswaim]

Originally posted by roushcobra03
I just scheduled an appointment for Friday to have it tested. Thanks mswaim for all the info.

No problem, I hope it works out for you. Let us know what the outcome is of the inspection.:beer:

 

[JerseyGT]

When your looking at exhuast systems in magazines they say 50 state legal, and mostly not legal in CA and somewhere else. Can't you just pay the ticket? It shouldn't be a moving violation so why worry.

 

[mswaim]

Originally posted by JerseyGT
When your looking at exhuast systems in magazines they say 50 state legal, and mostly not legal in CA and somewhere else. Can't you just pay the ticket? It shouldn't be a moving violation so why worry.

Unfortunately it is a "mechanical violation" and as such must be corrected i.e., removed and the stock system re-installed, inspected, signed-off and then you pay the fine.

It's pretty rare that it reaches that far, most officers I worked with never bothered with cat-back systems or even some of the fart can systems out there. The ones that are pushing it are the ones running off-road setups, with modified cats or no cats. Anyone running an off-road set up or has removed their cats needs to be stopped, cited and forced to comply to at least the minimum standards as described by the Legislature.

 

[JerseyGT]

You could just goto florida, I hear their emission laws are bare minimum. lol I'm planning on doing so when I get my beast back. I've ran cat-less stangs for 4 years now and aren't goin to change it. Here in jersey a catless mustang will land you a juicy $1000 fine and possible jail time. B/S, yea i know. But you pay if you play. Jeff