Fact vs. Fiction: Explaining California’s New Exhaust Noise Law

[koozy]

By SEMA Washington, D.C., Staff
https://www.sema.org/sema-enews/201...-JkE4eJyo0FrCB9gLaYh3USoqLTJdAURDrE6QWpeh2HMY



Beginning January 1, 2019, a motorist cited for violating the current California exhaust noise law can receive an immediate fine. Previously, motorists received what is known as a “fix-it” ticket, which allowed for 30 days to correct the violation.


The Issue

California Assembly Bill (A.B.) 1824 was signed into law by then-Governor Jerry Brown in June of 2018 as part of the state’s budget process. The legislation amended how California law enforcement officials may issue a citation for exhaust noise violations.

The bill has generated significant concern within the industry and enthusiast community, along with some misinformation. This document seeks to clarify the matter. Most notably, enactment of A.B. 1824 did not change existing laws pertaining to exhaust noise or the sale and installation of aftermarket exhaust systems in California. Here are the facts.

Were California’s exhaust noise rules changed?

No. Since 2003, exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, may not exceed a sound level of 95-decibels when tested under Society of Automotive Engineers (SAE) test procedure J1169 (May 1998). This was not changed by A.B. 1824.

Is it now illegal to install an aftermarket exhaust system on my vehicle?

No. The sale and installation of an aftermarket exhaust system remains legal in California so long as it does not exceed a sound level of 95-decibels when tested under SAE J1169 and complies with all other exhaust and safety laws and regulations.

If exhaust noise laws didn’t change, what did?

Beginning January 1, 2019, a motorist cited for violating the current California exhaust noise law can receive an immediate fine. Previously, motorists received what is known as a “fix-it” ticket, which allowed for 30-days to correct the violation.

What are my options if I get a ticket?

Consumers in receipt of a ticket still have the option of seeking a certificate of compliance from the California Bureau of Automotive Repair (BAR) demonstrating that their exhaust emits no more than 95-decibels. This SEMA-sponsored program allows courts to dismiss citations for exhaust systems that have been tested and for which a certificate of compliance has been issued. BAR does not currently issue preemptive certificates of compliance.

If I get pulled over, will I receive a $1,000 fine?

According to the Judicial Council of California’s Uniform Bail and Penalty Schedules for 2019, the suggested base fine/fee for a first conviction is $25 with a total fee of $193.

I’ve still got questions?

Please contact Christian Robinson, SEMA’s Director of State Government Affairs & SEMA PAC, at stateleg@sema.org.

 

[KnockOff]

TY!

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[Dpro]

Thanks Koozy I was thinking of posting that, as I posted it on my Facebook wall.

 

[koozy]

Somethings to be mindful of or not as upgrade paths are planned and executed.

 

[Dpro]

Somethings to be mindful of or not as upgrade paths are planned and executed.

Interesting you know that is old as it talks about carburetors.lol Whats even funnier is I would love to see a smog tech take the time to get a good look at our Turbo’s lol most are just gonna hook the car up to the OBDII reader if everything logs out ok off the ecu they will call it a day. I have a 2012 Focus that needed a smog when purchased. Thats all the guy did.

Not saying that someone might get a guy that wants to go the distance but truthfully our cars fly enough under the radar most will just hook it up and run the test.

So its really Caveat empor...
You take your chances or not. I am not excessively worried as its now 6-7 years out for me.. lol

 

[koozy]

It’s old but is still applied. The rules have not changed much and slow to change.

There are still some carburated cars from the ‘80’s still running around that the rules apply to.

Even though many won’t have to worry for several years, those years will be here soon. Time flies.

I’m not one who likes to unbolt/bolt back every few years. So my mods are carefully selected on being able to pass tests and roadside checks. I got tagged before and don’t want to play that game again. My time is better spent elsewhere. I’m not a young buck in my 20’s, 30’s, or 40’s anymore willing to play silly games lol


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[Dpro]

It’s old but is still applied. The rules have not changed much and slow to change.

There are still some carburated cars from the ‘80’s still running around that the rules apply to.

Even though many won’t have to worry for several years, those years will be here soon. Time flies.

I’m not one who likes to unbolt/bolt back every few years. So my mods are carefully selected on being able to pass tests and roadside checks. I got tagged before and don’t want to play that game again. My time is better spent elsewhere. I’m not a young buck in my 20’s, 30’s, or 40’s anymore willing to play silly games lol


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Oh ya feel you there most of my mods are carefully selected to draw the least attention. Hence my ST200 Airbox.
Though I am not to worried about Smog techs digging deep as long as things look relatively stock they are happy.

 

[koozy]

 

[Clint Beastwood]

It's interesting that they say installation of a muffler is required. Both SRT4's and 500 Abarths come muffler-less from the factory. I got pulled over several times in both cars while running stock exhaust, but since it was a fix-it ticket it wasn't a big deal (until I got busted on the way home from the strip in my SRT4 in a decidedly *not* stock configuration and got towed - wipe off those window numbers before heading home!). I am 100% in favor of ticketing muffler deletes, it's obnoxious to hear 350z's hooting down the road and v6 camaros farting around. Saw a new mustang GT with straight pipes on the freeway and the sound *hurt* so much people were swerving when he hit the gas.

I tested my muffler-less exhaust on my ST and it clocks at 88-89db using a PCE db meter and the official state testing guidelines. With the crackle tune loaded it *does* pop louder than the legal limit, but it doesn't pop within the criteria as stated. FYI 95 db is *loud*. With my helmholtz resonator blocked off it pegs to 94db.

 

[D1JL]

That appendix G page is from the smog check guide of 2018 and has not been superseded yet.

As for the noise law.
As far as I know the only Official Exhaust Noise Testing Station is in Sacramento.
Exhaust noise tickets, were fix it tickets with no re-test ever scheduled and the state just collected the money.
Many of the tickets were thrown out if the offender fought them in court because the noise level burden of proof was on the Cops and they were mot going to send the car to Sacramento.
The new law requires an immediate fine and the burden of proof is now on the car owner to prove that it is not in violation.



Dave

 

[KnockOff]

I think I may buy a decibel meter. That way, if I get pulled over I can hand it to the officer. Might help to be proactive.

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[koozy]

It's interesting that they say installation of a muffler is required. Both SRT4's and 500 Abarths come muffler-less from the factory. I got pulled over several times in both cars while running stock exhaust, but since it was a fix-it ticket it wasn't a big deal (until I got busted on the way home from the strip in my SRT4 in a decidedly *not* stock configuration and got towed - wipe off those window numbers before heading home!).

...

 

[D1JL]

I think I may buy a decibel meter. That way, if I get pulled over I can hand it to the officer. Might help to be proactive.

That won't work!.

The test is VERY specific.

The db meter is set at 90° to the car at a certain height and the car is driven by at a certain speed.
So you would not be able to replicate the test and it is an Official State Test Facility.

This fight has been going on for years, anything you try has been done.
Now if the officer says it is too loud, you loose.



Dave

 

[koozy]

[MENTION=879]D1JL[/MENTION] If I'm interpreting this correctly, e85 or any blend of is legal to use without repercussions of being against the law in the FiST, which was not sold as a flex fuel, but is capable of and equipped with anti siphoning.

 

[KnockOff]

That won't work!.

The test is VERY specific.

The db meter is set at 90° to the car at a certain height and the car is driven by at a certain speed.
So you would not be able to replicate the test and it is an Official State Test Facility.

This fight has been going on for years, anything you try has been done.
Now if the officer says it is too loud, you loose.



Dave

Honestly. It's too subjective! If they wish to enforce something like this there should be a test that can be done easily. Everyone's idea of too loud is different.

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[D1JL]

[MENTION=879]D1JL[/MENTION] If I'm interpreting this correctly, e85 or any blend of is legal to use without repercussions of being against the law in the FiST, which was not sold as a flex fuel, but is capable of and equipped with anti siphoning.

As I understand it, NO vehicle that was not originally designated for Flex Fuel may use it.
I personally think the anti siphon device is so you can't get it out and drink it.


Dave

 

[koozy]

As I understand it, NO vehicle that was not originally designated for Flex Fuel may use it.
I personally think the anti siphon device is so you can't get it out and drink it.


Dave

I've heard of the moonshine as fuel and cars tuned to run on it back in the day of prohibition story! LOL

 

[Clint Beastwood]

I think I may buy a decibel meter. That way, if I get pulled over I can hand it to the officer. Might help to be proactive.

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Wouldn't work, you testing your own equipment presents a conflict of interest; perhaps they might permit it if you were a certified audiologist or certified in noise testing. Probably a better idea to have it tested by a sound lab and get printed, certified results.


Haven't done it in many years, but if I got ticketed somewhere far from home I would go in and request a change of venue, get right back in line then file a serna motion (right to speedy trial, the sixth amendment). The paperwork for change of venue is low priority, the sixth amendment motion is not. The local court could not process your serna motion once the paperwork for the change of venue was in progress. I really doubt this still works, I'm guessing that *if* they found someone motivated to go stop the change of venue and escalate it to a judge you will be treated as a troublemaker. Another option is to just hire Mr. Ticket. When I get speeding tickets now I just hand them to my lawyer and they go away. Not sure about the noise one; I enjoy arguing so the subjective nature of the curb-side assessment might be a fun debate.

 

[KnockOff]

Wouldn't work, you testing your own equipment presents a conflict of interest; perhaps they might permit it if you were a certified audiologist or certified in noise testing. Probably a better idea to have it tested by a sound lab and get printed, certified results.

Now that's a good idea.

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[Clint Beastwood]

Now that's a good idea.

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Yeah, technically a certified audio tester isn't an "official california state testing station", but if you provide an officer with evidence and are cool and understanding about "it sounded loud, I agree, so I had it tested!" instead of combative it might work. I got pulled over in my Abarth a lot, I finally had a dealership print out the service manual page for the exhaust system on dealership letterhead to keep in my glove compartment. Not technically certifiable proof, but it shows them that a) you were aware *and concerned* about the same thing that concerns them, and b) you were proactive in taking steps to assess and/or mitigate the perceived problem. Also, cops are people - I've found that treating them with *sincere* respect goes a long way. Do not *volunteer* information though, and avoid answering questions, no matter how innocuous they sound.