CVC 27150 question

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Old Feb 20, 2010 | 02:14 PM
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CVC 27150 question

Hey guys last night i got pulled over in davis for a modified exhaust. i was cited for CVC 27150(a):
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.

At the time of the citation i assumed it was for a noise violation so i asked the officer about the DB regulations and that i was under the impression that if i was under 95DB it was ok. He said that he wasn't writing me up for the DBs but just for a modified exhaust. He mentioned that the exhuast needed to have a carb legal sticker on it but i couldn't find anything about that online.

I have done quite a bit of reading on the subject since last night and am still unclear. It seems to me that CVC 27151 is the DB citation and that 27150 is for any exhaust modifications at all. This seems to be where the main dispute is from what I've read. Some people say that anything other than OEM is illegal. Others say that as long as it doesnt exceed the noise level of an OEM exhaust its not illegal. Others say regardless of the exhaust as long as its below 95DBs its ok.

I was wondering what other peoples past experiences were and if anyone could give me some advice. I'm looking for first hand definitive answers please not what your interpretation of the law is. I've read about 2 hours of that and it hasn't gotten me any closer to understanding things. I know its only a 25 dollar fix it ticket which i will probably end up paying but if i dont have to that would be awesome.

Also for people who have had these fix it tickets before do you actually have to appear in court? The ticket is a little unclear because it says that if you don't appear in court there is a 6 month jail/$1000 penalty. Then later it says something about only misdemeanors needing to appear in court and this ticket is an infraction.

Thanks,
Scott
Old Feb 20, 2010 | 02:59 PM
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im battling this as well.i got into an argument with the window clerk.
you do not have to appear.its correctable but he clerk still said i had to pay 192$ for the fine.which makes no sense.
Old Feb 20, 2010 | 03:37 PM
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Any modification to a vehicle even if CARB exempt is still a violation of the VC and subject to citing. Pretty much if it didn't roll off the assembly line with it installed it is illegal under the letter of the law.
Old Feb 20, 2010 | 03:45 PM
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from my knowledge a cat-back is legal if within sound req.
Old Feb 20, 2010 | 03:46 PM
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Originally Posted by faraco3
Any modification to a vehicle even if CARB exempt is still a violation of the VC and subject to citing. Pretty much if it didn't roll off the assembly line with it installed it is illegal under the letter of the law.
but with it being correctable means fix it and pay a fee not a fine.30$ vs 200$
Old Feb 20, 2010 | 03:51 PM
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Originally Posted by nation
but with it being correctable means fix it and pay a fee not a fine.30$ vs 200$
Probably, but it is all up to the courts.
Old Feb 20, 2010 | 04:33 PM
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Originally Posted by faraco3
Probably, but it is all up to the courts.
thats true,or the ******** window clerk
Old Feb 20, 2010 | 04:43 PM
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The letter of the law is that you cannot make modifications exclusively to make your exhaust louder (i.e. whistle tips).

If you argue in court that modifications were not intended to make your exhaust louder, but for performance reasons, and the extra noise is an unintended byproduct, then follow up with a confirmation that you are sure that the additional noise levels are in compliance with CVC 27151, then offer to go to the ref to verify compliance with CVC 27151 you should win.

Explain that your understanding of 27150 is for modifications like whistle tips that are exclusive noise making devices, then point out that 27151 wouldn't need to exist if the intended interpretation of 27150 meant any and all non-OEM exhausts.

In all likelihood the officer won't even show, but that is the argument I'd prepare. If you lose, you pay the same fine as if you don't argue your case, so give it a shot, I say.

Last edited by Concillian; Feb 20, 2010 at 04:46 PM.
Old Feb 20, 2010 | 05:01 PM
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I'm not sure what the current situation is, but about 7 years ago I got the same citation for my GTI. I asked the officer why this was illegal as I thought the exhaust was under the DB limit. He claimed that any modified exhaust is illegal and proceeded to write the ticket. When I looked up the VC he wrote me up for, it only specified the sound limit and that an officer has to have measuring equipment to determine the volume level. I did a trial by written declaration with the full VC description and a clear explanation of what was on the car and that the officer had no such equipment. The decision came back not guilty and I didn't have to pay a cent. Hope that helps.

Thanks
-- Ed
Old Feb 20, 2010 | 06:43 PM
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Thanks for all the advice guys. I think I'm going to do the trial by declaration and see what happens hopefully it works out.
Old Feb 20, 2010 | 06:51 PM
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Wow...a lot of misconceptions up in this thread.
You are allowed to use a non OEM muffler as long as it meets the DB limit.
You are not allowed to modify your stock muffler...removing stuffing, cutting holes, etc, in order to increase sound level.
Muffler shops seldom use OEM parts and that's perfectly legal.

Yes, cops are gonna ticket you for having a fart can installed.
But if it meets legal sound levels, you're in the right.
And after winning your case, file a complaint against the cop and/or the dept for harassment.
Old Feb 20, 2010 | 07:01 PM
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Originally Posted by Paul@dbtuned
You are not allowed to modify your stock muffler...removing stuffing, cutting holes, etc, in order to increase sound level.

Yes, cops are gonna ticket you for having a fart can installed.
But if it meets legal sound levels, you're in the right.
And after winning your case, file a complaint against the cop and/or the dept for harassment.
I have a 3" cat back so it's not my stocker modified hopefully that will work to my advantage and with my silencer in (which it wasn't) i believe I'm under the legal DB standards. As for filing a harassment report I think I'll pass. I feel like that would just **** the cops off and make them target us more. I'll just be happy if I don't have to pay the fine.
Old Feb 20, 2010 | 09:26 PM
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If all u have is a catback and no other engine mods (including any aftermarket gauges) I would just go to the state ref and get a noise certification sticker. I went last time and it was free if u pass. Got it dismissed when I went to the clerk at the court.
Old Feb 20, 2010 | 10:32 PM
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Originally Posted by MonsterGC
from my knowledge a cat-back is legal if within sound req.
This is the problem with CA. 27150, and 27151 conflict. 27150 says you cannot modify AT ALL, where are 27151 says you can modify as long as it doesnt increase the noise.

GH3Y
Old Feb 20, 2010 | 10:41 PM
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Originally Posted by international B
This is the problem with CA. 27150, and 27151 conflict. 27150 says you cannot modify AT ALL, where are 27151 says you can modify as long as it doesnt increase the noise.

GH3Y
precisely where my confusion was



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