Law enforcement will not enforce against unrestricted exhaust.

[GustavsGos]

My jurisdiction is: California

I am a car fan, I love all kinds of cars, high performance cars, low performance cars, trucks, whatever you have. I have always been only a little irritated when I see somebody on the street with a loud exhaust. But now, I am in a situation where the problem of modified exhausts have really begun to ruin my life. Imagine you live in a neighborhood of houses where every day, whenever some guy down the street drives back and forth to his house, you can hear him fire up his car over a block away. You live right next door to him. Now imagine that it is not a neighborhood of houses, but an apartment complex and the guy lives right next to you. Even worse, it is not just one neighbor, but two who live right next door to each other who have the modified exhausts. This is my situation. They have both modified their exhausts in the same way. These are not Japanese cars, but US V8's. Sometimes these guys drive their cars to the apartment complex mail boxes. They are starting them up and driving back and forth sometimes four or five times a day. Naturally, they are most miserable at night when I am trying to sleep.

I tried contacting the local police about the problem, but they tell me they have to catch them on the street. I have license plates, VIN numbers, make and model and addresses of the drivers. They are not interested in that information. They tell me that they would be happy to send an officer over to me, to visit me and talk to me about it. Strange, isn't it? They can't go visit them, but they could come and visit me. This is in a small University town in California.

I tried calling the California Highway Patrol. They took down all the information and I waited for some changes, but nothing has changed. I called them back to follow up and they told me they had passed the problem on to the local police. They advised me to call again and complain again, but they said that the local PD would not be able to tell me if anything was being done because that would be a violaton of privacy.

Is anything being done? Is there any way for me to find out if anything is being done? Should I be assured that something should be done?

Please, any and all responses would be appreciated.

 

[CdwJava]

The police cannot just go pop the hood of a car without good cause. Can you articulate what equipment has been installed that is not in compliance with emissions standards as written into the CVC? If not, then the officers are going to have to develop their own independent cause. And, unless your local officers have been specifically trained in what to look for with regards to smog modification, they won't have a clue.

What you need to do is when these yo-yos are speeding, revving their engines, popping the clutch - whatever - you need to call the cops and say what is going on. Eventually one of these guys is going to get caught in the act and cited for something.

- Carl

 

[GustavsGos]

Why does emissions have to enter into the issue?

http://www.dmv.ca.gov/pubs/vctop/d12/vc27150.htm

Adequate Muffler Required

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.

(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

(c) The provisions of subdivision (b) shall not be applicable to passenger vehicles being operated off the highways in an organized racing or competitive event conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.

Amended Ch. 558, Stats. 1977. Effective January 1, 1978. Supersedes Ch. 579.

http://www.dmv.ca.gov/pubs/vctop/d12/vc27151.htm

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.

http://www.dmv.ca.gov/pubs/vctop/d12/vc27200.htm

Vehicle Registration and Sale Prohibitions

27200. (a) The Department of Motor Vehicles shall not register on a dealer's report of sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise exceeding the applicable noise limit at a distance of 50 feet from the centerline of travel under test procedures established by the Department of the California Highway Patrol.

(b) The Department of Motor Vehicles may accept a dealer's certificate as proof of compliance with this article.

(c) Test procedures for compliance with this article shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers.

(d) No person shall sell or offer for sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces a maximum noise exceeding the applicable noise limit specified in this article, and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574).

(e) No person shall sell or offer for sale a new motor vehicle, except an off-highway motor vehicle subject to identification as provided in Division 16.5 (commencing with Section 38000), which produces noise that exceeds or in any way violates the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574).

(f) As used in this section, the term "register" is equivalent to the term "licensing" as used in Section 6(e)(2) of the Noise Control Act of 1972 (P.L. 92-574).

Amended Ch. 558, Stats. 1977. Effective January 1, 1978.

 

[CdwJava]

Emissions is the key hook. A modified muffler will require the officers to hear the noise before he can do anything. And, since that's a fix it ticket, it would take them 10 minutes (if that) to correct, require they pay $25 to the court, and then go home and change it out again. A modification of the emissions system (which is done in many of these little racers) is a much more expensive and time consuming violation for the offender as it also requires they get approved by a state referee.

The muffler is about noise. The exhaust system is under the hood. The cops can't just poke under the hood because you say they modified their exhaust systems. They kinda need probable cause to conduct such a search.

Unless the officers catch these guys driving around with their modified mufflers, there is not going to be a while lot they can do. Would you want the cops to go poking around your cars or in your house simply because a neighbor claims there is something wrong? We just can't do it.

So, whenever the race around the street and cause hate and discontent call the cops. Eventually one of them will get caught. or, maybe they'll get tired of seeing the cops or the cops will get tired of coming out because of them. But, tehy aren't just going to give tickets because you claim their exhausts are modified.

- Carl

 

[GustavsGos]

Emissions is the key hook. A modified muffler will require the officers to hear the noise before he can do anything. And, since that's a fix it ticket, it would take them 10 minutes (if that) to correct, require they pay $25 to the court, and then go home and change it out again. A modification of the emissions system (which is done in many of these little racers) is a much more expensive and time consuming violation for the offender as it also requires they get approved by a state referee.

The muffler is about noise. The exhaust system is under the hood. The cops can't just poke under the hood because you say they modified their exhaust systems. They kinda need probable cause to conduct such a search.

Unless the officers catch these guys driving around with their modified mufflers, there is not going to be a while lot they can do. Would you want the cops to go poking around your cars or in your house simply because a neighbor claims there is something wrong? We just can't do it.

So, whenever the race around the street and cause hate and discontent call the cops. Eventually one of them will get caught. or, maybe they'll get tired of seeing the cops or the cops will get tired of coming out because of them. But, tehy aren't just going to give tickets because you claim their exhausts are modified.

- Carl

That sounds like a rather glaring contradiction. You don't have to poke underneath somebody's hood to hear a modified muffler. It is illegal for a automobile manufacture to make cars with exhausts that are too loud. If the exhaust is loud, it is either defective or modified and according to state regulations, it is against the law. If an officer can hear the exhaust on the car, then the exhaust has been modified or is defective and in either case seems to me to be sufficient evidence that something is out of regulation for the car. The officer does not have to poke around to find something that is obvious to anyone standing half a block away.

If law enforcement can be so indifferent to obvious violations, I am further concerned that in this small town the drivers of these cars may have friendly law enforcement that actually checks them off as being OK after getting a fixit ticket. I saw an officer pulled up once in front of the guy's place. It is, after all, currently the practice that the judgement of the officer is what determines a violation.

I'd keep calling local law enforcement, but they keep threatening to send somebody out to talk to me as if I were the one who needed counseling in this matter.

 

[CdwJava]

That sounds like a rather glaring contradiction. You don't have to poke underneath somebody's hood to hear a modified muffler.

True ... sorta. But, the MUFFLER (aka "exhaust") is not technically part of the emissions system in so far as the CVC is concerned. The MUFFLER baffles the noise, it does nothing with regards to emissions. The offenses regarding the muffler/exhaust have to do with sound, not with emissions. Therefore, an officer would need to hear the noise. Hence my suggestion that you call the cop when they are making the noise and zipping up and down the street. THEN, if the officers can hear the modification, they can issue the correctable violation. But, as they do with the car clubs around here, when you hit them for the exhaust violation, they crawl under the car, slide off the modified exhaust, get the violation corrected, then put the noisy one back on. If they get caught again they run the risk of a more serious penalty, but very often they are not cited again by the same officer so it is a risk they often are willing to take.

The emissions system is a GREAT hook, but that is under the hood. It takes very little suspicion to justify looking under the hood, but it requires more than a neighbor calling and claiming that they have done so.

It is, after all, currently the practice that the judgement of the officer is what determines a violation.

As for noise, sure. The officer has to develop probable cause to believe that the violation has occurred based upon his or her training and experience. if the officer lacks the training or the experience to adequately determine whether a muffler is too loud, then he or she cannot in good faith issue a citation for said modified exhaust (aka muffler).

I'd keep calling local law enforcement, but they keep threatening to send somebody out to talk to me as if I were the one who needed counseling in this matter.

If the act is not occurring, then before they go talk to the neighbor they are going to want to hear about what you've observed. I suspect they want to know what's going on before they go ask the neighbors to knock it off. Before they confront the neighbors on what they are doing, they probably want to get the "facts" as you relate them as straight as they can. If you do not want to talk to them, then all they can do is drive through the area when you call and see if they observe a violation in progress.

If they receive a enough calls regarding the issue, eventually someone will find a way to address the issue.

- Carl

 

[GustavsGos]

True ... sorta. But, the MUFFLER (aka "exhaust") is not technically part of the emissions system in so far as the CVC is concerned. The MUFFLER baffles the noise, it does nothing with regards to emissions. The offenses regarding the muffler/exhaust have to do with sound, not with emissions. Therefore, an officer would need to hear the noise. Hence my suggestion that you call the cop when they are making the noise and zipping up and down the street. THEN, if the officers can hear the modification, they can issue the correctable violation. But, as they do with the car clubs around here, when you hit them for the exhaust violation, they crawl under the car, slide off the modified exhaust, get the violation corrected, then put the noisy one back on. If they get caught again they run the risk of a more serious penalty, but very often they are not cited again by the same officer so it is a risk they often are willing to take.

The emissions system is a GREAT hook, but that is under the hood. It takes very little suspicion to justify looking under the hood, but it requires more than a neighbor calling and claiming that they have done so.

....

Why can't the officer respond to a complaint where the address is known by asking the car owner to start the car up? Once the car is started up, the violation is obvious.

 

[CdwJava]

Why can't the officer respond to a complaint where the address is known by asking the car owner to start the car up? Once the car is started up, the violation is obvious.

Because the police are not generally in the habit of going to someone's door and asking them to incriminate themself.

Could they go and ASK them if they'd be so kind as to fire up the car? Sure. But, this is not something they would generally do and there is no way they could legall compel someone to do.

If you want to suggest this to them, call the agency and ask to speak to the watch commander and make the suggestion. But, don't be surprised if they won't do it.

Like I said, when they are driving around and causing problems, call. Eventually they will get caught or the cops will get tired of it and take more proactive steps to resolve the matter. But they are NOT going to otherwise expend a great deal of energy dealing with an infraction matter.

- Carl