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425. A "muffler" is a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

California Vehicle Code Division 12 - Equipment of Vehicles

Chapter 5. Other Equipment
Article 2. Exhaust Systems

Regulations Governing Exhaust Systems

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.

Amended Sec. 4, Ch. 92, Stats. 2001. Effective January 1, 2002.
Amended Sec. 3, Ch. 569, Stats. 2002. Effective January 1, 2003.

Modification of Exhaust Systems

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.

Amended Sec. 10, Ch. 92, Stats. 2001. Effective January 1, 2002.


Sound Limits for Vehicles Exceeding 5,999 Pounds Gross Vehicle Weight
27204. For the purposes of Section 27200, the following noise limits shall apply to any motor vehicle within the specified manufacturer's gross vehicle weight rating and date of manufacture:


[Noise limits for vehicles with a gross vehicle weight in excess of 5,999 pounds.] * GVWR-Pounds Date of Manufacture Noise Limit -dbA
Over 6,000 after 1967 and before 1973 88
Over 6,000 after 1972 and before 1975 86
Over 6,000 after 1974 and before 1978 83
Over 8,500 after 1977 and before 1982 83
Over 6,000 but not over 8,500 after 1977 80
Over 8,500 but not over 10,000 after 1981 80
Over 10,000 after 1981 and before 1988 83
Over 10,000 after 1987 80


Amended Ch. 274, Stats. 1985. Effective January 1, 1986.



2814. Every driver of a passenger vehicle shall stop and submit the vehicle to an inspection of the mechanical condition and equipment of the vehicle at any location where members of the California Highway Patrol are conducting tests and inspections of passenger vehicles and when signs are displayed requiring such stop.

The Commissioner of the California Highway Patrol may make and enforce regulations with respect to the issuance of stickers or other devices to be displayed upon passenger vehicles as evidence that the vehicles have been inspected and have been found to be in safe mechanical condition and equipped as required by this code and equipped with certified motor vehicle pollution control devices as required by Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code which are correctly installed and in operating condition. Any sticker so issued shall be placed on the windshield within a seven-inch square as provided in Section 26708.

If, upon such an inspection of a passenger vehicle, it is found to be in unsafe mechanical condition or not equipped as required by this code and the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, the provisions of Article 2 (commencing with Section 40150) of Chapter 1 of Division 17 of this code, shall apply.

The provisions of this section relating to motor vehicle pollution control devices apply to vehicles of the United States or its agencies, to the extent authorized by federal law.










http://www.dmv.ca.gov/pubs/vctop/vc/tocd12c5a2.htm

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Info on "Correctable" vs "Non-Correctable" equipment violations.
http://www.bikersrights.com/states/c...a/CJCKnox.html


OVERVIEW:
Helmet tickets and most recently exhaust systems and tinted windows tickets have been changed to "Non-Correctable" equipment violations by the California Judicial Council (CJC) through misuse of the "Bail and Pentalies Schedule."

The CJC is authorized by the California Constitution, Article VI § 6 to make review and some changes, but with VERY definite limitations [excerpt] :

"... the [Judicial] council shall survey judicial business and make recommendations to the courts, make recommendations annually to the Governor and Legislature, adopt rules for court administration, practice and procedure, not inconsistent with statute..."


Changing a law from a correctable equipment violation to non-correctable one is inconsistent with the law. The CJC has overstepped its authority before and were sued and lost in Superior Court. In California Court Reporters Assn vs. CJC (39 Cal.App.4th 15 - 1994), Alameda Superior Court Judge Reardon, states:

"The Judicial Council argues that as it and the Legislature both derive their powers from the state Constitution, the two institutions are coequals. We find this argument to be specious."

Specious - A specious argument is not simply a false argument, but one that has the ring of truth.

By overstepping their authority, the CJC is violating the Separation of Powers between the Judicial and Exectutive Branches and worse, changing laws without the representative knowledge of the Legislature and People.

Below is the beginning of correspondence with the California Legislature. Posting of the CJC's reply will follow as soon as it's received...



Tuesday, August 22, 2000

Assembly Member Wally Knox
State Capitol Room 6025
Sacramento, CA 95814

Dear ,

Please find attached my ticket for an alleged 27151 violation checked as correctable by the CHP, the L.A. Valley Court non-correctable bail notice I received , a Fullerton Court correctable Bail Notice for a similar exhaust violation per your request.

When I read that my bail was $77 without mention of correctability, I called the LA Valley Court Clerk who advised me very definitely that 27151 was no longer correctable per the 2000 Bail Schedule. I have seen a copy of the 2000 Bail Schedule and see that 27151 is listed as non-correctable, but according to the law, it is definitely correctable.

Contrary to Mr. Tucker of the California Judicial Council's interpretation of VC 40303.5 sub-section (d), my read of it only serves to prove that 27151 is clearly a correctable violation. Regardless of his or the CJC's opinion or "feelings" about this or any law, the CJC cannot modify any law inconsistent with it's spirit or Legislative intent. To do so is beyond the Judicial Branch's Constitutional power and authority.

40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:

Any registration infraction set forth in Division 3 (commencing with Section 4000).
Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.
Section 21201, relating to bicycle equipment.
Any infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).
In the opening the language "shall" means "must" unless the person is disqualified per 40610.b.

These disqualifying conditions are threefold:

Evidence of fraud or persistent neglect.
The violation presents an immediate safety hazard.
The violator does not agree to, or cannot, promptly correct the violation.
In the absence of any of the disqualifying conditions, the officer "shall" permit the arrested person to execute a notice containing a promise to correct the violation, which CHP Officer Riley did per the law.

In 40303.5 subsection "d", the Code also states:

(d) Any infraction involving equipment in Division 12 (commencing with Section 24000)
Division 12 ranges from 24000 to 28150. My ticket, 27151, is for an alleged exhaust system violation, which is certainly a piece of equipment, and the statute number falls well within Division 12. I see absolutely no confusion in the language. It is very clear. 27151 is equipment always has been part of Division 12 and clearly a correctable violation.

After being on the books for over 30 years, it seems strange indeed that the CJC would suddenly need to interpret what they feel the Legislators "really meant" in a few fairly innocuous equipment laws. If the Legislature didn't want 27151 to be correctable, I'm certain they would have written it that way or amended it over the subsequent 30 odd years.

In addition to changing 27151, the CJC also changed VC 27803 (the helmet law) from correctable to non-correctable a few years ago. And just like 27151, VC 27803 is listed as equipment and part of Division 12 and was intended to be correctable.

California Judicial Council

In addition to what the Vehicle Code says, I have done some research on the CJC and it's authority regarding existing statutes. Per the California Consitution (Article VI. §6), the CJC does have the authority to review the Bail Schedule, but as I understand it, any revision must be in harmony ("not inconsistent") with the law and Legislative Intent.

California Constitution, Article VI, § 6 - Judicial Council

To improve the administration of justice the council shall survey judicial business and make recommendations to the courts, make recommendations annually to the Governor and Legislature, adopt rules for court administration, practice and procedure, not inconsistent with statute, and perform other functions prescribed by statute.

"not inconsistent with statute" is part and parcel of the CJC's authority and their limitations. In California Court Reporters Association vs. California Judicial Council (39 Cal.App.4th 15 - 1994), Alameda Superior Court Judge Reardon, defines "not inconsistent" to mean:

Construing the relevant constitutional language, the trial court defined the term "not inconsistent" as "not ... merely inharmonious or unsymmetrical, but connot[ing] impossibility of concurrent operative effect, or contradictory in the sense that the provisions cannot co-exist .... ["] " 'Inconsistent' means mutually repugnant or contradictory; contrary, the one to the other, so that both cannot stand.

Correctable and non-correctable are clearly contradictory states and cannot co-exist which clearly illustrates that making 27151 and 27803 "non-correctable" would be totally inconsistent with the existing law and quite beyond the CJC's authority.

Further, the Superior Court addresses the extent of the CJC's authority to make rules. Take particular note of the second and third sentences. It appears that the CJC has attempted to test its boundaries before:

II. A. [4] Preliminarily, we must determine the relative value to be assigned to the Judicial Council's rules and the Legislature's enactment of statutes before we turn to the merits of our inquiry. The Judicial Council argues that as it and the Legislature both derive their powers from the state Constitution, the two institutions are coequals. We find this argument to be specious. The Constitution reserves to the Legislature and the people of this state the higher right to provide rules of procedure. The Judicial Council's right is secondary-a right to adopt rules only when the higher authority of the Legislature and the people has not been exercised. (Stockton Theatres, Inc. v. Palermo (1956) 47 Cal.2d 469, 476-477 [304 P.2d 7]

Reviewing the Bail Schedule is one thing. Changing a correctable violation to non-correctable is a major contradictory revision that must go through an accountable representative Legislative process, rather than an internal private Judicial process; hidden from the Legislature's and People's view in violation of the California Constitution and case law.

I would like the CJC to send us a copy of the 1999 and 2000 Bail and Penalty Schedule for side by side comparison. It should further support that 27151 was not always "non-correctable" as Mr. Tucker of the CJC would have us believe.

Given the above, I think we need to ask on what authority did the CJC change both VC 27151 and VC 27803 from correctable equipment violations to non-correctable ones. Further, if the CJC will not back down, I would like an opinion Attorney General Lockyer. Having served in the Legislature, I would bet he could shed the proper and binding light on all this.

Thank you very much for your concern and help.

Sincerely,
(signature)
Steven Shmerler

Via Fax
Encls.

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Proof of Correction

40150. Whenever any vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this code, and a notice to appear is issued or a complaint filed for such violation, the notice to appear or the complaint may require that the person to whom the notice to appear is issued or against whom the complaint is filed shall produce in court satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this code.


Amended Ch. 1728, Stats. 1961. Effective September 15, 1961.

Lighting Equipment

40151. (a) Whenever any lighting equipment or device does not meet requirements established by the Department of the California Highway Patrol, the officer making the inspection shall direct the driver to remove the lighting equipment or device within 24 hours.

(b) Whenever any lighting equipment or device meets requirements established by the department but by reason of faulty adjustment or otherwise fails to comply with this code, the officer making the inspection shall direct the driver to make it comply with this code within 48 hours.

Amended Ch. 723, Stats. 1979. Effective January 1, 1980.

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Modification of Vehicles

24008. It is unlawful to operate any passenger vehicle, or commercial vehicle under 6,000 pounds, which has been modified from the original design so that any portion of the vehicle, other than the wheels, has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel in contact with the roadway.

Amended Ch. 462, Stats. 1984. Effective January 1, 1985.

Statement of Minimum Octane Number of Gasoline for Motor Vehicle

24013. No new motor vehicle shall be sold unless the seller provides the buyer with a statement of the minimum octane number of the gasoline for such vehicle.

Added Ch. 711, Stats. 1971. Effective March 4, 1972.

Transparent Materials Windows

26708.5. (a) No person shall place, install, affix, or apply any transparent material upon the windshield, or side or rear windows, of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side or rear windows, except as provided in subdivision (b), (c), or (d) of Section 26708.

(b) Tinted safety glass may be installed in a vehicle if (1) the glass complies with motor vehicle safety standards of the United States Department of Transportation for safety glazing materials, and (2) the glass is installed in a location permitted by those standards for the particular type of glass used.

Amended Sec. 2, Ch. 476, Stats. 1998. Effective January 1, 1999.

Material Obstructing or Reducing Driver's View

26708. (a) (1)1 A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

(2) ( )1 A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle ( )2 that obstructs or reduces the driver’s clear view through the windshield or side windows.

(3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.

(b) This section does not apply to any of the following:

(1) Rearview mirrors.

(2) Adjustable nontransparent sunvisors ( )2 that are mounted forward of the side windows and are not attached to the glass.

(3) Signs, stickers, or other materials ( )2 that are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials ( )2 that are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials ( )2 that are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.

(4) Side windows ( )2 that are to the rear of the driver.

(5) Direction, destination, or termini signs upon a passenger common carrier motor vehicle or a schoolbus, if those signs do not interfere with the driver's clear view of approaching traffic.

(6) Rear window wiper motor.

(7) Rear trunk lid handle or hinges.

(8) The rear window or windows,( )3 if the motor vehicle is equipped with outside mirrors on both the left- and righthand sides of the vehicle that are so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of the vehicle.

(9) A clear, transparent lens affixed to the side window opposite the driver on a vehicle greater than 80 inches in width and ( )2 that occupies an area not exceeding 50 square inches of the lowest corner toward the rear of that window and ( )2 that provides the driver with a wide-angle view through the lens.

(10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a letter or other document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition, or has in his or her possession a letter or other document signed by a licensed optometrist certifying that the person must be shaded from the sun due to a visual condition. The devices authorized by this paragraph shall not be used during darkness.

(11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

(A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

(B) The capability for electronic toll and traffic management on public or private roads or facilities.

(12) A portable Global Positioning System (GPS), which may be mounted in a 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver, if the system is used only for door-to-door navigation while the motor vehicle is being operated and outside of an airbag deployment zone.

(c) Notwithstanding subdivision (a), transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the following conditions apply:

(1) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point 5 inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.

(2) The material is not red or amber in color.

(3) There is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield.

(4) The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles to any greater extent than the windshield without the material.

(d) Notwithstanding subdivision (a), clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows, located to the immediate left and right of the front seat if the following conditions are met:

(1) The material has a minimum visible light transmittance of 88 percent.

(2) The window glazing with the material applied meets all requirements of Federal Motor Vehicle Safety Standard No. 205 (49 C.F.R. 571.205), including the specified minimum light transmittance of 70 percent and the abrasion resistance of AS-14 glazing, as specified in that federal standard.

(3) The material is designed and manufactured to enhance the ability of the existing window glass to block the sun's harmful ultraviolet A rays.

(4) The driver has in his or her possession, or within the vehicle, a certificate signed by the installing company certifying that the windows with the material installed meet the requirements of this subdivision and identifies the installing company and the material's manufacturer by full name and street address, or, if the material was installed by the vehicle owner, a certificate signed by the material's manufacturer certifying that the windows with the material installed according to manufacturer's instructions meets the requirements of this subdivision and identifies the material's manufacturer by full name and street address.

(5) If the material described in this subdivision tears or bubbles, or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

Amended Sec. 1, Ch. 476, Stats. 1998. Effective January 1, 1999.
Amended Sec. 1, Ch. 413, Stats. 2008. Effective January 1, 2009.
The 2008 amendment added the italicized material, and at the point(s) indicated, deleted the following:

“No”
“which”
“when”

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Adding even more

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then some

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Then ending with modded laws.

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one more

tamko

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Q9 What is the exhaust noise test specified in13 CCR? Can this be used for enforcement?



Sections 1030-1036, 13 CCR, were intended to be used by Licensed Muffler Certification Stations as a means of determining if an exhaust system met the requirements of the Muffler Certification Program (when those programs were operational). They specify testing procedures for motor vehicles exhaust noise alone (as opposed to total vehicle noise). This procedure specifies a limit of 95 dB(A) measured 20 inches from the exhaust pipe outlet with the engine operating in neutral, typically at a speed of 3000-5000 rpm. (For comparison, a modern rotary lawn mower with a 5 horsepower Briggs & Stratton engine typically emits approximately 93 dB(A) at the same distance at full speed under no load.) It applies only to passenger vehicles. It does not apply to motorcycles or to vehicles over 6000 pounds gross weight.

that y they don't get them...damn you harley and mustang (isn't mustang under 6000 lbs??)

alan'09

TurnWRX

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I'm assuming you're talking about the Mustang car? Mustangs, porky Mercedes, and most SUV's are under 6k lbs (most cars weigh around 3k-4.5k lbs)

Lboogie

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"Are not clearly equipped with a muffler" - maybe don't paint it black, keep it bright so you can go "seeee officer, its there".

Shayhan27

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Yea still working over the doctor for the letter for the front side window tint.

hYpE-R-29

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Cliffs?

chriskabobbers

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i was about to say that too, not about to read all that crap.