IV. EQUIPMENT VIOLATIONS / MODIFICATIONS
WARNING: I only cover cases regarding CARB-legal mods and
exhausts. Anything else is fairly cut and dry. If you put illegal
lights and end up getting ticketed for them, that's your problem.
Participants at HIN in March 2005 received NON-CORRECTABLE tickets for their equipment. You have been warned.
I will make myself very clear about this section. By modifying your car
in any way, you are assuming the risks involved in potential contacts
with the police. If you knowingly install illegal items, there is
nothing you can do to get yourself out of a ticket. This section is
intended for those who are pulled over and cited for their mods
even if they were legal to begin with.
Don't want to get noticed by the police? You're better off simulating
the mean of typical vehicles and making your ride into a sleeper.
Driving a sports car or a modified sport compact is just asking for it.
You are highly advised to look at this brochure. The CHP is cracking down out there!
Despite what some think, you do not necessarily have to be doing
something to attract an officer's attention for him to stop you for an
equipment violation. If a department has a political agenda to curb
street racing and you drive a car that fits the profile (such as a
lowered Honda), expect to be stopped for some equipment or CARB-related
issue. Again, understand what you were charged with and see if there
are holes in the officer's interpretation. Maybe you were cited for
having an intake although you had a CARB sticker affixed to it.
The more "bling" your car has, the more likely you are going to attract
unwanted attention, even if your mods are perfectly legal. It comes
with the territory. I had to sell my previous project car because I got
tired of the harassment.
A. CARB Certification and Paperwork
Recently some police officers have been citing car owners for modified
smog despite having CARB stickers on their intake systems.
If you are ever cited for CVC 27156(c) you can fight the
ticket in court. Do not put back the stock airbox and pay up!!! The
officer will cite you under this provision as a "replacement ticket" in
order to justify his/her traffic stop.
Simply bring your vehicle to court with the intake and CARB
sticker. The serial number on your sticker corresponds to the CARB EO
(Executive Order) number. It is highly advised that you also bring a
printout of the CARB database showing that your intake is registered
with them.
For example, Injen Short Ram intake for 2000-2002 Celica GT:
EO# D-476-3
Here's what's listed for the intake:
D-476-3
----------
10/31/02
Injen Technology Co., LTD
-------------------
Air Filter/ Intake Modification
-------------------
IS2035
2000-02 TOYOTA CELICA GT
The court simply has to confirm the legality of the intake and
your case will be dismissed. You do not need to go to a state referee,
if the officer states that you must do so. You also don't need to swap
the intake with your stock airbox. Just bring your car and the printout
to court.
Your car MUST fit within the years of the CARB exemption.
Following the example illustrated above, if your 2003 or newer Celica
still had a throttle cable (they're DBW) and you were to modify with an
Injen short ram, you have illegally modified your engine, regardless of
whether you have a CARB sticker (that you most likely "borrowed" from a
"friend").
One last thing, never volunteer popping open the hood. If the
officer has probable cause, he/she wouldn't need to ask for your
permission.
CARB Web Site: http://arb.ca.gov
If you do have CARB-approved mods, make sure you're carrying the paperwork.
B. ExhaustsYou're driving down the main street, minding
your business. You notice a police vehicle following you, so you mind
your driving, aware that you are following all of the rules of the
road. Suddenly, the officer motions you over. You're told that you are
being cited for that shiny new exhaust on your car, because it is
illegal to modify the original factory exhaust. You hand the officer a
certificate of compliance showing that the exhaust complies with CVC
27150 and 27151. The officer tells you that the certificate doesn't
mean anything to him, especially because it doesn't specifically refer
to CVC 27151a. This scenario? It happened to me as well as other fellow
enthusiasts. Sadly, in an effort to boost their monthly "productivity
standards," officers are recklessly citing motorist after motorist for
modified exhausts, even if presented with a certificate of compliance.
The CVC section officers write down on the citations is 27151a.
However, upon closer inspection of CVC 27151, you note the following:
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.
In other words (assuming you do have a muffler as any bolt-on exhaust
would), modifying an exhaust is ONLY illegal if it amplifies or
increases noise emissions (above 95 dB). The CHP has their very own
bulletin on this issue, yet most officers seem to ignore it.
Now if you have a straight-pipe instead of a bolt-on or cat-back
system, you are in violation of smog laws. You must have a cat (smog
laws) and a muffler (CVC 27150). If you have a bolt-on/axle-back, such
as a TRD exhaust, and an officer tells you that the exhaust is illegal
because of smog, he is full of it. Take him to court if he cites you.
NOTES:
The law allows for an officer to cite you based on his/her judgment. An
officer no longer has to test your exhaust to determine if it is above
95 dB. Fight your ticket nevertheless if the exhaust is indeed legal.
Exhaust tickets are non-correctable
violations with fines around $110 (with increases for subsequent
alleged violations). It will go on your driving record if you are
convicted and your insurance rates will rise. You cannot use "50 state legal" as your defense, as that phrase pertains to smog and not noise.
Even if you take your vehicle to a referee for testing, you still have
to appear in court to answer the charge. Besides, if you go to the
referee you may become liable for all of your other mods.
If you do NOT have any proof that your exhaust is compliant, get it
tested at a state referee if you have that option. If you do indeed
have an illegal exhaust, then you asked for it.
B1. TRD Exhaust OwnersThis section now needs to be
included as many TRD exhaust owners are being stopped for their
so-called "illegal" exhausts (myself included). $111-$120 is very
expensive for having to prove a piece of welded metal innocent.
Even if you don't own a TRD exhaust, if your exhaust is still legal, the procedure for contacting your manufacturer is the same.
If you are stopped AND cited for your TRD exhaust, even after having
furnished the included certificate of compliance, read the following...
Do NOT go to a Toyota dealer to explain your situation because they
will more than likely not be very helpful or tell you to do what I am
about to suggest. If your Toyota originally came with a TRD exhaust,
you will also need to do as I suggest.
Call TRD directly at 800.688.5912. Explain your situation and
ask to be sent a packet with the documented noise tests. You will also
more than likely receive a modified certificate that includes the line,
"In the unlikely event a citation is issued for excessive noise, then
please call TRD...for documented noise compliance tests per SAE J1169
procedures."
File a trial by declaration and simply include
copies
of the paperwork and certificate of compliance including a brief
statement as to why you are innocent of the CVC 27151(a) charge.
TRD Kazuma owners? Sorry, not applicable. Duh.
B2. Stock ExhaustsIf you are stopped and cited for
having a stock exhaust(!) - that is, you were nailed for something that
originally came with the car from the factory - you will need to get a
hold of your make's regional customer relations. Stop laughing; it has
happened.
C. Check EverythingI've been stopped a few times for
burnt out license plate bulbs. It was stupid of me to not check. The
point? Make sure that everything is working. You do not want to give an
officer an excuse to stop you.
I highly advise checking
THIS out, as the CHP are aggressively enforcing these violations in the name of curbing street racing.
D. CVC 24004: A Warning
ADVISORY: If you received an equipment citation that specifically
mentioned CVC 24004, you are highly advised to read this subsection. DO
NOT BE FOOLED INTO SHOWING THAT CITATION TO ANOTHER OFFICER.
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This is what CVC 24004 states:
24004. No person shall operate any vehicle or combination of
vehicles after notice by a peace officer, as defined in Section 830.1
or subdivision (a) of Section 830.2 of the Penal Code, that the
vehicle is in an unsafe condition or is not equipped as required by
this code, except as may be necessary to return the vehicle or
combination of vehicles to the residence or place of business of the
owner or driver or to a garage, until the vehicle and its equipment
have been made to conform with the requirements of this code.
The provisions of this section shall not apply to an employee who
does not know that such notice has been issued, and in such event the
provisions of Section 40001 shall be applicable.
The CHP are notorious for attaching CVC 24004 to a non-dismissible
equipment violation. An officer will suggest that if you are pulled
over again for said equipment violation to simply show the original
ticket to the second officer to let him/her know that you have already
been cited for it.
NEVER REVEAL TO ANOTHER OFFICER THAT YOU RECEIVED A PREVIOUS TICKET. When another officer sees the ticket mentioning CVC 24004,
YOUR CAR WILL BE IMPOUNDED.
Read the law again. That's right: it is illegal to drive a vehicle
cited under CVC 24004 unless it has been brought into compliance with
the law.
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