Modified emissions ticket

[Stale_Hotdog]

just found this on the state's website

Per the Governor's Executive Order issued on July 31, 2008 concerning the state budget, Referee and Consumer Assistance Program (CAP) Repair Assistance, and Vehicle Retirement services have been suspended until further notice. We apologize for any inconvenience. Consumers may call the Department of Consumer Affairs, Consumer Information Center at (800) 952-5210. Also, please check our web site periodically to confirm when both Referee and CAP services will resume.

I've been running into some bad luck lately!

[Stale_Hotdog]

Update:

Went to a local sheriffs office today. It was pretty much empty except for one other person and they had 4 officers there to assist to one person . They had me stand there for a good 10-15 minutes before they would get to me. They tell me they won't write off the front plate ticket since the State ref can do both. I tell them about the state ref situation and they say I have plenty of time before the due date on my ticket. I explain how i'd like to drive else where besides to work and home. Finally they direct me to a CHP office. It was about as useful as banging my head on the wall.
I drive to the CHP office and the CHP officer checks to see if I have my front plate but also tells me he can write it off but he won't. I explain to him that my exhaust is cat back and has nothing to do with emissions but he also points out that any modification is illegal. I then show him the CHP bulletin and he quickly changes his tune. However, he now states that "we're" not equipped to know the difference out there in the field. I think to myself why go writing tickets if you're not equipped to make an informed decision (oh whatever.)
So now I have to play the waiting game and hope the State ref's office will be back in business in a reasonable amount of time.

[Smoky]

I can't believe you guys are getting tickets for a cat-back exhaust. How is that illegal?? If it passes smog, it's legal. Sounds like your authorities are making up laws. Simply modifying a car is not illegal. Is it? If so, when did that happen?

Well, I hate living in Louisiana, but at least it is fairly lawless when it comes to this stuff. As long as Billy-Bob's pickup is pouring black and blue smoke out of the pipe, they aren't going to mess with me. lol

[25psi_Elise_Killer]

Originally Posted by Smoky

I can't believe you guys are getting tickets for a cat-back exhaust. How is that illegal?? If it passes smog, it's legal. Sounds like your authorities are making up laws. Simply modifying a car is not illegal. Is it? If so, when did that happen?

Well, I hate living in Louisiana, but at least it is fairly lawless when it comes to this stuff. As long as Billy-Bob's pickup is pouring black and blue smoke out of the pipe, they aren't going to mess with me. lol

Its called "revenue generation"

[Noisycow]

Originally Posted by 25psi_Elise_Killer

Its called "revenue generation"

Exactly! All of this has nothing to do with public safety at all. It is what it is always about ..... $$$$$$$.

An illegal alien I know got caught the other day. For $750 they'd turn him loose - no $750 - so he is headed by bus to Tacoma, then flying to Tijuana, forever. It is all about commerce.

[jhnmdahl]

Originally Posted by Smoky

I can't believe you guys are getting tickets for a cat-back exhaust. How is that illegal?? If it passes smog, it's legal. Sounds like your authorities are making up laws. Simply modifying a car is not illegal. Is it? If so, when did that happen?

Well, I hate living in Louisiana, but at least it is fairly lawless when it comes to this stuff. As long as Billy-Bob's pickup is pouring black and blue smoke out of the pipe, they aren't going to mess with me. lol

Having an aftermarket cat-back exhaust isn't illegal, but having one that doesn't meet noise requirements is (and is all too common). Street cops aren't exactly equipped to test for this, so send you to someone who is if they suspect you've illegally modified it.

In this case, he probably would've been fine if he hadn't removed the rear panel, or if the exhaust wasn't the shiniest thing on the car...

John

[Mr. Know]

Actually, I know of a city in the Northern SF Bay Area that has decibel meters in all of their cars to enforce noise ordinances (I know some of the police force there).

[BatmobileS240]

How much is your fine?

[drstvk]

My son was stopped in his 06 Acura for excessive noise a few weeks ago. The ticket came to me yesterday with 3 different violations:
*cvc 27150
cvc 27156b
cvc 40001b

The ticket directs me to pay $401.00 and show proof of correction of the charge marked *.

The car was checked at the last autoX and was below 95 db (required if we wanted to run at laguna seca). I will take it to a muffler shop to check the reading again and get a certificate that it is below 93 db (which I believe it is). BUT, do I have to deal with the 27156 (emissions) and what the heck is a 40001b?

Has anyone dealt with this before and what do I need to do? I really don't want to just pay $400 and my son is broke (car is in my name anyway).
He does have a cold air intake, a modified exhaust, and a modified ecu chip.

Thanks for the help,

Steve

[Matt in Houston]

Gez, I hope the rest of the country doesnt start passing laws like in CA...

Thank God I live in TX...I actually passed a cop on the way home last night with a 2bular 5" ultra with decat. I had to get over to make a right turn into my neighborhood...We were side by side at a red light a half mile before so he heard it through first, second and third as I put my blinker on to get in front of him to make the right. Once he saw I was turning he simply changed lanes to the left and never once looked over.

Good luck with your ticket...

[Mr. Know]

Originally Posted by drstvk

*cvc 27150

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.

AND

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.

Originally Posted by drstvk

cvc 27156b

27156.(b) No person shall operate or leave standing upon any highway any
motor vehicle which is required to be equipped with a motor vehicle
pollution control device under Part 5 (commencing with Section 43000)
of Division 26 of the Health and Safety Code or any other certified
motor vehicle pollution control device required by any other state
law or any rule or regulation adopted pursuant to that law, or
required to be equipped with a motor vehicle pollution control device
pursuant to the National Emission Standards Act (42 U.S.C. Secs.
1857f-1 to 1857f-7, inclusive) and the standards and regulations
adopted pursuant to that federal act, unless the motor vehicle is
equipped with the required motor vehicle pollution control device
which is correctly installed and in operating condition. No person
shall disconnect, modify, or alter any such required device.

Originally Posted by drstvk

cvc 40001b

40001. (a) It is unlawful for the owner, or any other person,
employing or otherwise directing the driver of any vehicle to cause
the operation of the vehicle upon a highway in any manner contrary to
law.
(b) It is unlawful for an owner to request, cause, or permit the
operation of any vehicle that is any of the following:
(1) Not registered or for which any fee has not been paid under
this code.
(2) Not equipped as required in this code.
(3) Not in compliance with the size, weight, or load provisions of
this code.
(4) Not in compliance with the regulations promulgated pursuant to
this code, or with applicable city or county ordinances adopted
pursuant to this code.
(5) Not in compliance with the provisions of Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code and
the rules and regulations of the State Air Resources Board.

Basically, I believe they got you/him with 4000.1b because the car is in your name.

[drstvk]

OK, I understand what the code sections say. But what do I do? If I understand the ticket correctly, I need to pay $401 AND get a certificate saying that the muffler is less than 95 db. And it seems to me that if the car is less than 95 db, he shouldn't have been cited in the first place.

And I don't want to pay the $401. Do I have any options? And do I also have to deal with the emission people even though they said I only had to deal with the noise issue? And what do I do to get out of the 40001 infraction?

Can I file a "not guilty" plea? and if I do, do I send it by mail and ask for a trial by declaration, or do I just go to the court, or ????????

Again, thanks for the help. I'm a very well educated Veterinarian, but I have spent my life staying away from the legal folks. Leave it to my son to get me involved with the group I've been trying to avoid. C'est la vie!

Steve

[TimMullen]

Originally Posted by drstvk

But what do I do?

From what you have indicated (assuming the exhaust is legal) then you are still guilty of modified emissions (intake and chipped ECU). That would mean that the 40001 infraction will stick - the car was operated illegally.

If the exhaust is in fact less than 95 db, then you should be able to get that part of the ticket dismissed, but you are probably stuck with the other two. If you go to court, you should be able to get the exhaust part thrown out.

You will also probably have to return the emission system back to stock - the original intake and un-chip the ECU...

[ZAMMY1]

but, what started all this was the refusal to wear a front plate....
yes, it may ruin the whole appearance of the car, if so, why bother to wear a rear plate??
this foolishness about the front plate is something i just don't understand.
staying below the radar IS difficult enough with the lotus, but why exacerbate the problem.
OTOH, the fuzz may have been looking for SOMETHING they could stop you for.
states are a real PIA.
sam

[swnp101]

Hello, everyone.

drstvk: Old post, yes I know. Whatever happened with your ticket?

[MyFutureSelfnMe]

I want to start a petition to get New York State to offer plates in a European form factor as an alternative to the standard US form factor, similar to Iceland offering both formats. There should be no reason they can't do this, and the Euro form factor is superior for a number of reasons.