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SVTPerformance's Chain of Restaurants
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Exhaust law?
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<blockquote data-quote="mswaim" data-source="post: 1432038" data-attributes="member: 538"><p>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:</p><p></p><p>27150. (a) Every motor vehicle subject to registration shall at all</p><p>times be equipped with an adequate muffler in constant operation and</p><p>properly maintained to prevent any excessive or unusual noise, and</p><p>no muffler or exhaust system shall be equipped with a cutout, bypass,</p><p>or similar device.</p><p> (b) Except as provided in Division 16.5 (commencing with Section</p><p>38000) with respect to off-highway motor vehicles subject to</p><p>identification, every passenger vehicle operated off the highways</p><p>shall at all times be equipped with an adequate muffler in constant</p><p>operation and properly maintained so as to meet the requirements of</p><p>Article 2.5 (commencing with Section 27200), and no muffler or</p><p>exhaust system shall be equipped with a cutout, bypass, or similar</p><p>device.</p><p> (c) The provisions of subdivision (b) shall not be applicable to</p><p>passenger vehicles being operated off the highways in an organized</p><p>racing or competitive event conducted under the auspices of a</p><p>recognized sanctioning body or by permit issued by the local</p><p>governmental authority having jurisdiction.</p><p></p><p></p><p>27151. (a) No person shall modify the exhaust system of a motor</p><p>vehicle in a manner which will amplify or increase the noise emitted</p><p>by the motor of the vehicle so that the vehicle is not in compliance</p><p>with the provisions of Section 27150 or exceeds the noise limits</p><p>established for the type of vehicle in Article 2.5 (commencing with</p><p>Section 27200). No person shall operate a motor vehicle with an</p><p>exhaust system so modified.</p><p> (b) For the purposes of exhaust systems installed on motor</p><p>vehicles with a manufacturer's gross vehicle weight rating of less</p><p>than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or</p><p>less, when tested in accordance with Society of Automotive Engineers</p><p>Standard J1169 May 1998, complies with this section. Motor vehicle</p><p>exhaust systems or parts thereof include, but are not limited to,</p><p>nonoriginal exhaust equipment.</p><p></p><p></p><p>Then, to add a little confusion, here's another wrinkle:</p><p></p><p></p><p>27150.7. A court may dismiss any action in which a person is</p><p>prosecuted for operating a vehicle in violation of Section 27150 or</p><p>27151 if a certificate of compliance has been issued by a station</p><p>pursuant to Section 27150.2, or if the defendant had reasonable</p><p>grounds to believe that the exhaust system was in good working order</p><p>and had reasonable grounds to believe that the vehicle was not</p><p>operated in violation of Section 27150 or 27151.</p><p></p><p></p><p>However, to use the section above, you need to read the following one.......</p><p></p><p>27150.2. (a) Stations providing referee functions pursuant to</p><p>Section 44036 of the Health and Safety Code shall provide for the</p><p>testing of vehicular exhaust systems and the issuance of certificates</p><p>of compliance only for those vehicles that have received a citation</p><p>for a violation of Section 27150 or 27151.</p><p> (b) A certificate of compliance for a vehicular exhaust system</p><p>shall be issued pursuant to subdivision (a) if the vehicle complies</p><p>with Sections 27150 and 27151. Exhaust systems installed on motor</p><p>vehicles, other than motorcycles, with a manufacturer's gross vehicle</p><p>weight rating of less than 6,000 pounds comply with Sections 27150</p><p>and 27151 if they emit no more than 95 dbA when tested in accordance</p><p>with Society of Automotive Engineers Standard J1169 May 1998.</p><p> (c) An exhaust system certificate of compliance issued pursuant to</p><p>subdivision (a) shall identify, to the extent possible, the make,</p><p>model, year, license number, and vehicle identification number of the</p><p>vehicle tested, and the make and model of the exhaust system</p><p>installed on the vehicle.</p><p> (d) The station shall charge a fee for the exhaust system</p><p>certificate of compliance issued pursuant to subdivision (a). The</p><p>fee charged shall be calculated to recover the costs incurred by the</p><p>Department of Consumer Affairs to implement this section. The fees</p><p>charged by the station shall be deposited in the Vehicle Inspection</p><p>and Repair Fund established by Section 44062 of the Health and Safety</p><p>Code.</p><p> (e) Vehicular exhaust systems are exempt from the requirements of</p><p>Sections 27150 and 27151 if compliance with those sections, or the</p><p>regulations adopted pursuant thereto, would cause an unreasonable</p><p>hardship without resulting in a sufficient corresponding benefit with</p><p>respect to noise level control.</p></blockquote><p></p>
[QUOTE="mswaim, post: 1432038, member: 538"] 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. [/QUOTE]
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