Ticket for aftermarket exhaust with fix it option - car not moto

[Tim-That CX Guy]

This is phenomenal information for bikes and cars alike, it deserves a sticky.

 

[DiScoTeknix]

Looks like we found a solution.

After you pass the sound test I suppose you can carry a copy of the test results in the car to present to the officer if you get stopped for this again.

PITA for sure but if you pass the referee sound test you should be golden.

When I was dealing with my exhaust ticket a few years back, I looked into this option and remember reading somewhere in the CVC that whether an exhaust is in violation is up to the officer's discretion and up to the operator to prove the officer wrong, regardless of certificates and sound tests. Although, I can't seem to find that wording in the CVC anymore.

 

[Lorry]

After you pass the sound test I suppose you can carry a copy of the test results in the car to present to the officer if you get stopped for this again.

No harm doing this, but having the test results doesn't prove your current system is legal.

 

[jbt56]

1)
CA does not have a 95dB limit per say. What it does have is a 95db limit for manufacturers of new vehicles, which is defined by the SAE standard quoted elsewhere - which the SAE no longer considers appropriate as it requires testing under operating conditions which are not permitted by many modern...

So I am going to get my car tested at a referee station and then present the evidence in a trial by written declaration.

Incorrect. Please see this http://www.bobsmuffler.com/noise.htm for the newer law. CA does, indeed, have a 95db limit for passenger cars, etc. This law does not apply to motos. It is still up to the LEO's descretion whether to cite or not. Last I heard (few years ago), over 90% of cars cited under this law (took effect in '02 or '03) were found to be legal.
Federal law states NEW vehicles (as sitting in the showroom) can be no louder than 80db (that includes mechanical noise, intake noise, everything).

 

[ColinP]

That CHP officer is a total asshole. If you read the instructions on the ticket, it says you could have any peace officer sign off the ticket, then you just send in the signed ticket along with a check.

It's happened to me before and I just found a friendly officer to sign off the ticket (I didn't even change a thing on my car), it was less hassle than contesting the ticket.

 

[Thateguhate]

Yeah, I've been modifying cars for over 10 years and its a bs ticket. Your car has to be above 92db or maybe 94 I believe.... Without a db meter, and with your car being no louder than stock I'd say show up and have it signed off as is.

They will usually ask you to get in the car and rev it to about 5k and let off and then either initial it and sign you off, or at worst have you change the pipe. I've had so many over the years and every officers opinion is different.

Just try this first since its correctable. I have to tell you though. In most cases they will make it non correctable. They will write it up as 21756b pretty much is saying your not emissions compliant, or they would write you up for being a gross polluter which would be absolute bs in your case as it was mine in the past with my fiance's car.

Both would have resulted in $450 + tickets.

I have had several of these over the past few years for my motor swap. Which is why the car usually stays at home now. GL either way, shouldn't be too hard

 

[JPM]

I've just been shaking my head as I read all the post here; especially since if you had used the search you would find many threads on this already. There is no need for a decibel meter and it can still be illegal if it’s under the db limit. Those whistle tips that were out for a while were probably under the db level, but still illegal.

Adequate Muffler Required
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.

Amended Ch. 558, Stats. 1977. Effective January 1, 1978. Supersedes Ch. 579.

 

[Thateguhate]

any excessive or unusual noise

You said it yourself. If the exhaust doesn't create an unusual sound or excessive noise then theres no grounds for a citation I would assume.


Not everyones case works this way.

Not saying all LEO's are out to get everyone with an exhaust, but there are alot of officers that really either make poor judgement calls, or just don't care and see it as being revenue regardless.

I've been passed by the CHP countless times without issue, but there will be that 1 time that one day one officer WILL have a problem with it.

I've had officers stand over my engine bay pointing at parts that are completely irrelevant to any racepart and try and write me up for it. I clearly had a exhaust manifold (WITH A CARB EO#) in plain site and was being written up for a cruise control unit LOL. It was quite sad, but hey...what could I do? > Absolutely nothing.

 

[MTechR1]

That's such a bogus ticket. The acoustics in the Caldecott will amplify the sound of anything inside the tunnel. Even my stock R1 exhaust back in the day sounds way louder when I go through the tunnel. That sucks man. It sucks that you have to be inconvenienced and pay for something that should have never been an issue.

 

[rjbrittain11]

I've had a ticket for a loud exhaust before. When I was in college in Oregon, I had a 1988 RX-7 with a complete custom exhaust from the header back with dual Dynomax Turbo mufflers. Sounded insanely loud at 3K rpm's going down the road, and any other time I pushed the gas pedal down. Mind you, Oregon has no Emission laws.

One day I'm driving home and I take a left onto my street and get pulled over by a cop waiting for me. He proceeds to tell me that my exhaust is way too loud and he is getting multiple complaints from the neighbors. He writes me a fix-it ticket and goes on his way.

A few days later, I take the ticket down to the local agency and go through their sound test. As the officer tells me to rev it up and all that jazz, my buddy says "Harleys are way louder than that." That was apparently all the Officer needed to hear. Dismissed

So do that, tell them Harleys are louder!

 

[Tim-That CX Guy]

Seems to me that you could get regularly f***ed by the way this law is set up.

Guilty until proven innocent. Nice.

 

[OldMadBrit]

I've just been shaking my head as I read all the post here; especially since if you had used the search you would find many threads on this already. There is no need for a decibel meter and it can still be illegal if it’s under the db limit. Those whistle tips that were out for a while were probably under the db level, but still illegal.

Adequate Muffler Required
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.

..................

You just made my point for me. My car does not make any excessive or unusual noise - in fact its QUIETER than stock.

In addition you should be aware of CHP Information Bulletin 98-100 which I have attached below which states and I quote:

"Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, ft.)."

Please also note the detailed notes and gudelines that were provided to CHP and Affiliates at the same time.

The sad truth here is that the Officer that stopped me made a quick visual assessment and based two erronious beliefs 1) that a 3" tip = aftermarket and that 2) aftermarket = automatically illegal. Then he failed to listen to my engine running and so at his own admission had zero evidence that my exhaust emitted an "offensive, harsh or excessive noise". Then he wrote me up for "Modified" which if you examine the guidelines carefully - it is clearly not.

There are a few points worth noting here:

1) I am in no way trying to defend loud or obnoxious exhausts or "ricky ricers";

2) I am always polite coureous and professional and 90% of my interactions with the CHP have been totally professional. When I have been cited for just cause - I take my lumps;

3) this particular stop was bogus, sloppily executed and ultimately hilarious. This has all the signs of an over zelous "revenue stop";

4) it would be appropriate if peace officer's on this forum could accept that occasionally some of them screw up and accept (gulp) that some small minority of their colleagues are less that professional.

Now that I have a copy of IB 98-100 its getting laminated and placed in my car and in my leathers. It would be nice if CHP officers would comply with their own departments guidelines. Meanwhile, I have no problem helping correct the matter.

Mods: you may want to put this CHP bullitin in a sticky

 

[DROnSF]

I've just been shaking my head as I read all the post here; especially since if you had used the search you would find many threads on this already. There is no need for a decibel meter and it can still be illegal if it’s under the db limit. Those whistle tips that were out for a while were probably under the db level, but still illegal.

Adequate Muffler Required
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.

Amended Ch. 558, Stats. 1977. Effective January 1, 1978. Supersedes Ch. 579.

My counsin got one of these on his evo (under my name), and a SFPD officer told me that even when you get it signed off it is a point on your record. Is this true? I'm just worried because I am currently in one of the eligibilty lists for sfpd and fremont pd.

Thanks

 

[Thateguhate]

My counsin got one of these on his evo (under my name), and a SFPD officer told me that even when you get it signed off it is a point on your record. Is this true? I'm just worried because I am currently in one of the eligibilty lists for sfpd and fremont pd.

Thanks

That's bs, on what grounds would you get a point? At worst they could flag your name/license for having aftermarket pieces. I believe it pops up under my name when I get popped because I'm asked to pop my hood usually shortly after I'm pulled over.

At worst, If you got that ticket again it might increase because you have already gotten cited for it but I wouldn't think a point is something you could get hit with.

 

[DROnSF]

^^ Thanks a lot. Just wanted to make sure.

 

[Cal24Rallymaster]

Here is the final word for you situation:

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.

You say you have one more resonator than the stock system. Pretty clear to me that you reasonably thought your exhaust was in compliance. Save your money getting the compliance certificate, you only have to show that you thought it was OK.

 

[imdrax]

I had one of these tickets a while back on my Turbo GST. It was a greddy exhaust. All I did was print the greddy sound DB test papers from their website, goto the local muffler place and had them sign the papers saying this was the exhaust installed on my specific vehicle. Brought it to court and it was dismissed, payed $10 and was gone.