Filing a Complaint againt the popos.

[warpspeed]

I was wondering if anyone here has filed a complaint against any popos yet? I was going to file a complaint against a CHP but forgot to take down his name a badge #. The reason is, is that he was uneducated about the exhaust regulation when he pulled me over in my 89 civic with a R*SR exhaust. I knew he was new because he was asking dumbass questions. Here is what happened:

1. Pulls me over and said, " The reason I pulled you over is for your modified exhaust."
My answer: Why? Is it against the law to have an aftermarket exhaust?
Stupid guy said," It is illegal to have a modified exhaust."
My answer: "It is only illegal if it over the 95db noise limit."
His response," What 95 db limit?"
This guy is an idiot. Then he asked me in a cocky way," Is this the same exhaust that came with the car?" I said "no" and he replied "well then it's modified" I told him this is a 13 year old car, do you think I will still have the same exhaust? The damn thing rusted out the first 3 years.
To make the story short, this guys is a really idiot. I sure wish I got his name and badge #. Also if you think that any police officer is in the wrong, filed a complaint so they will stop the "profiling".

[Revolver]

I had basically the same conversation about a year and a half ago with a CHP officer. I got a fix-it ticket out of it, but was able to get it signed off by more understaning CHP officer.

[DRFTR8]

where did this happen, cuz i had the same thing happen to me...i was pulled over by a CHP who also said the same thing... but i told him that it met the state noise regulation below 95db... so he was like the state has a regulation...and i had to show him the print out that states the regulation for a "modified exhaust".. so he let me go but im sure he was thinking of something to write me up for..

[vtluu]

I was wondering if anyone here has filed a complaint against any popos yet? I was going to file a complaint against a CHP but forgot to take down his name a badge #.
I think all the information you need should be on the ticket you received, no?

[warpspeed]

This happened near SFO. Oh Tam by giving him the info, he just let me go and he seem embarassed and told me to go.

[JanSolo]

I had a run in myself with the CHP concerning my exhaust and it's noise level. I explained to him that it was legal based upon the 95db limit, but he said he had never heard of it. Typical. He went on about how CHP measures the legality of your exhaust volume by standing in the middle of the car and having you rev your engine. If your exhaust is louder than your engine, then they write you a ticket. Not exactly the most scientific of methods.

[Boostd4]

I just love how they target our cars..and then an old muscle car goes by with open pipes and they don't even blink.

Don't even get me started about those moronic Harleys that go by.... :roll:

[DRFTR8]

oh dude, when i got pulled over a camaro with a flowmaster drove by while he was talking to me and asked him why that guy dosent get pulled over and he gave me a lame excuse that the car came like that from the dealer so they go by american standards...and "us" likes to mod our cars with things not DOT approve cuz they came from another country...so he was saying cuz the parts was american built it was ok and our parts came from overseas and it didnt get approved by DOT

[009]

umm for harley or motorcycle, their exhaust haveto be loud to be hear
i dun understand and hate those damn motorcycle with loud ass pipe until i actually ride my bike.
We biker not try to show off or been mean by reving high, it just the way we need to ride like that so peopel in cars can hear us coming cuz most of them dun use mirror any way. Surprisingly, bikers say the same thing about cars people. So pls luv biker and if u c yellow kawasaki ninja 250 with yellow jacket, helmet, back pack pls dun run me over... 8)

[DRFTR8]

So pls luv biker and if u c yellow kawasaki ninja 250 with yellow jacket, helmet, back pack pls dun run me over... 8)

you ride too?... nice so do i ,but i dont do the color matching gear..cuz i use to have the same color jacket for my honda 954 black and silver with matching color helmet...but one day i was out with my biker friends (20 guys)and we pulled over to get gas and most of us match our bikes..so when we walked infront of a kid he screamed out "MOM LOOK THERE GOES THE POWER RANGERS!!!" then he started to sing the song...man did that kid made me feel small...so from then on i dont color match...also i got rid of the bike and went for more power,stablity and its safer..THE EVO...

[Whooopasss]

CHP BULLETIN NO. 98-100

EXCESSIVE NOISE ENFORCEMENT
PASSENGER VEHICLES, LIGHT TRUCKS AND MOTORCYCLES


The California Highway Patrol (CHP), Commercial Vehicle Section (CVS), has received many inquiries about excessive noise emitted by passenger vehicles, light trucks and motorcycles. Enforcement personnel and the public have inquired regarding enforcement of the Vehicle Code (VC) sections pertaining to excessive noise emitted by these vehicles.

Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective. For this reason, enforcement personnel are to exercise sound professional judgment in making a determination of violation. The following guidelines and attached question and answer sheet (Attachment A) provide guidance to enforcement personnel regarding appropriate enforcement procedures.

Enforcement Guidelines

The only drivers who should be cited are those whose vehicles:

1) are not equipped with a muffler;
2) clearly emit an offensive, harsh, excessive noise, or,
3) have a clearly defective exhaust system (holes, leaks, etc.).

Clearing Citations

When clearing excessive noise citations issued by the CHP or allied agencies, personnel are to consider exhaust systems in compliance if they incorporate a reasonably effective muffler, do not emit an offensive, harsh, excessive noise, and appear to be in good repair.

ATTACHMENT A


Q1 Doesn't the VC require a muffler on every vehicle?

Yes. Section 27150 VC requires that every motor vehicle subject to registration be equipped with an adequate muffler. There are no exceptions - all vehicles must be equipped with a muffler, as defined in Section 425 VC. A turbocharger is not considered a muffler.

Q2 Aren't all exhaust system modifications prohibited?

No. Section 27151 VC prohibits the modification of the exhaust system to amplify or increase the noise emitted by the vehicle, making the vehicle not in compliance with Section 27150 VC or exceeding the noise limits established in Sections 27201-27206 VC. Section 27151 VC does not prohibit all modifications to an exhaust system. It also does not prohibit all modifications that increase the noise level of the exhaust system over that of the original, factory-installed exhaust system (as it did until 1980). It only prohibits modifications that result in a noise level higher than those specified in Sections 27201-27206 VC. Accurately determining compliance with Sections 27201-27206 VC for enforcement purposes is generally impractical. Enforcement personnel must make an informed professional evaluation to determine if excessive noise statutes are being violated.

Q3 Do I have to actually listen to a vehicle to cite it for a violation of either Section 27150 or 27151?

Yes. Drivers of vehicles should not be cited for violation of either Section 27150 or 27151 VC unless the officer has personally listened to the vehicle in operation. This can be either under actual driving conditions or with the vehicle stationary and the engine running. Even if the officer has inspected the exhaust system and does not see a muffler present, the officer should listen to the vehicle. The purpose of this is to be sure that the exhaust system does not incorporate internally baffled pipes or other components that meet the definition of a muffler. There are no specifications which state required configurations or minimum dimensions for mufflers. A vehicle that does not visually appear to be equipped with a muffler, but does not emit excessive noise, should be deemed to comply with Sections 27150 and 27151 VC.

Q4 Does an aftermarket replacement or modified tailpipe or muffler tip constitute a violation of section 27151 VC?

No. Section 27151 VC prohibits the modification of exhaust systems to amplify or increase noise. The officer would have to establish that the modification increased the noise emitted by the vehicle by listening to the exhaust. In general, exhaust system piping, tubing, fittings, cosmetic tips or other passive devices placed behind the muffler have minimal impact on exhaust system sound levels.

Q5 Since Section 27150 requires that the muffler prevent excessive and unusual noise, can the driver of a vehicle be cited for violation of Section 27150 if it emits a sound different than the original factory installed muffler?

No. The prohibition against unusual noise refers to noises that are unusual for motor vehicles. Noise that may be unusual for a particular make or model of vehicle, but which is not necessarily unusual for other motor vehicles, should not be considered in violation, provided the noise is not excessive.

Q6 Aren't all modified exhaust systems unlawful under pollution control laws?

No. Current pollution control laws regarding aftermarket exhaust systems are quite complex, but do permit the installation of a variety of aftermarket and "exempt" systems. Due to the complexity of modem pollution control systems and the laws governing them, the CHP does not provide technical training in this area. Enforcement of pollution control laws is the responsibility of the Bureau of Automotive Repair through the "Smog Check" program.

Q7 What are the noise levels specified in Sections 27201-27206 VC? Can these be used to cite loud vehicles?

No. Section 27200 VC prohibits the sale of new motor vehicles that exceed the noise limits specified in these Sections. The specified noise limits (80 dB(A) (decibels) for all new cars, pickup trucks, vans and motorcycles apply only to new motor vehicles, under full throttle acceleration tests, measured 50 feet from the test vehicle, as specified in Sections 1040-1044, 1046 and 1047, Title 13, California Code of Regulations (13 CCR). These noise levels and the specified test methods apply to manufacturers and new car dealers only, for new vehicle certification purposes, and may not be used for enforcement purposes against vehicles being operated on public roadways. The CHP is not aware of any significant violation of Section 27200 VC by vehicle manufacturers or dealers.

Q8 What are the noise levels specified in Sections 23130 and 23130.5 VC and how can they be enforced?

Sections 23130 and 23130.5 VC specify noise standards for vehicles operating on the highway (in-use vehicles), and are intended for use in actual traffic conditions. The limits of Section 23130 apply under all conditions of grade, load, acceleration and deceleration. The lower limits of Section 23130.5 apply only to relatively level roadways and under conditions of relatively constant speed. They specifically do not apply to areas of congested traffic that require noticeable acceleration or deceleration, or within 200 feet of an official traffic control device or change in grade. Although these sections were intended for use in actual traffic conditions, the complexities of noise testing require the testing be conducted in a relatively large open area free of other vehicles and large sound-reflecting objects. This makes in-use vehicle noise testing in most developed areas impractical, where noise complaints are most likely to occur. The CHP does not currently provide either the instrumentation or training necessary to conduct vehicle noise testing. Enforcement using Section 27150 or 27151 VC is usually more appropriate and effective.

Q9 What is the exhaust noise test specified in 13 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 vehicle 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 modem 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.


Q10 Can this test be used in enforcement?

Not readily. Although much simpler than the test methods specified in Sections 23130 and 23130.5 VC, this test method still requires some technical expertise and a means to determine both the speed (rpm) of the engine under test (tachometer) and the rpm at which maximum horsepower of the engine is developed (information which may not always be readily available), as well as a sound level meter. It is not intended for roadside noise testing. The CHP does not currently provide either the instrumentation or training necessary to conduct exhaust noise testing. This test is useful, however, for determining if an aftermarket or performance exhaust system complies with VC requirements. It should be noted that the 95 dB(A) level, because it is intended as a simple "go-no-go" type of test, may permit exhaust noise somewhat higher dm those permitted under Sections 27201-27206 VC. An exhaust system that complies with the requirements of Section 1036(d) (1), 13 CCR, is deemed to comply with Sections 27150 and 27151VC.

Q11 What happened to the Muffler Certification and the Licensed Muffler Certification Station Programs?

Funding for both programs was terminated in 1979. There are currently no Official Muffler Certification Stations, no listing of certified mufflers and no formal mechanism in place to conduct objective vehicle or exhaust noise testing.

Q12 Can local authorities enact or enforce more strict ordinances regarding vehicle noise?

No. Section 21 VC makes the VC applicable and uniform throughout the state, and prohibits local authorities from enacting or enforcing any ordinance on the matters covered by the VC unless expressly authorized to do so. In-use vehicle noise is addressed in Sections 23130 and 23130.5 VC. There is no provision in the VC that permits local authorities to adopt additional noise limitations. Consequently, citations issued under such ordinances are invalid.

Q13 Some aftermarket exhaust systems include documentation that the system has been tested and found to meet the requirements of section 1036(d) (1), 13 CCR. Are those legal?

The CHP does not have the resources to independently verify manufacturer's claims, but is aware that some aftermarket exhaust systems do meet the noise levels specified in Section 1036(d) (1), 13 CCR. An officer may consider such documentation in evaluating an exhaust system for excessive noise, both during the issuance of a citation and when clearing a citation pursuant to Section 40610(b) VC.

Q14 What type of enforcement action should be taken against vehicles emitting excessive noise?

Providing none of the disqualifying conditions listed in Section 40610(b) are present, the use of the CHP 281, "Notice to Correct" or checking the Dismissible Violation "Yes" box on the CHP 215, "Notice to Appear (Arrest Citation)," would be appropriate for these violations.

Also

http://www.chp.ca.gov/html/streetlegal.html

[warpspeed]

That's why with me now, if I ever get pulled over again for the exhaust, I will file a complaint one way or another and I hope you guys do also. Just because they have a badge doesn't mean they are always right. Also by filing a complaint hopefully by having so much complaint, someone will investigate the "profiling" issue of imports.

[hellz Evo]

Here are two interesting ones for you guys.

1st . I got pulled over in my 95 M3. i asked the retard why he had pulled me over he goes and I quote " modified parking lights" mine were white at the time and mind you it was 12 noon. I told him the car came that way. He said no it does not I own one my self. So I replied that this is a gray market vehicle which was true, I had brought in from germany and that is how it came, i showed him the papers and every thing. He goes no it is illegal and slaps me a fix it ticket. This was in Fremont and his name is officer Dilemma :lol: seriuosly his name is dilemma.

2nd.
I got pulled over in my Evo in Daly City about 11 months a go. My car was completely stock with paper plates on. This dude gives me a ticket for modified exhaust. I could not believe this. i drove a catless WRX every day and never got pulled over, not once for any thing.

i have lived in SF for 15 years now and never once have been given a ticket and I have owned some seriously not road legal vehicles. SFPD rocks, I guess they have real criminals to worry about instead of messing with " modified cars".

So you guys are right some of these officers are idiots.

[DRFTR8]

He goes no it is illegal and slaps me a fix it ticket. This was in Fremont and his name is officer Dilemma :lol: seriuosly his name is dilemma.
So you guys are right some of these officers are idiots.

FREMONT Cops are @SS holes....i got pulled over when i was driving my brother-in-laws 89 mitsu starion..it was moded but you couldnt tell until you pop open the hood...it sounded normal when you drive it right but you can hear the SSQ when you gun it...but i knew i shouldnt specially in fremont...but he pulled me over anyway, as soon i left the blockbuster parking lot he pulled me..he was pulled over and waited for me to leave and then when he was talking to me he took pictures of the car, engine, insides,exhaust...man what ever he can find to took pitures of and gave me a fix it ticket...but i got it written off cuz my friend is a CHP and also i used to work for the Gov. and i have a badge that i showed the officer who signed it off...then he told me that there was a complaint against the officer how he harasses import drivers..

[warpspeed]

I hope we won't run into any of these idiots at the next meet.

[009]

i know wat u mean drft
i haev been call yellow ranger at the basketball court, lol
i try to be visible by standing out on the street, just wan to be seen
lol
kids saw me adn they liek oh shit here come power ranger
lol :lol:

[brwnrice]

i dont know about you guys but my sticker in the back windshield of my car deters the popo's 8)

[DRFTR8]

^^ i haven't been pulled over in my car cuz i have a badge on my windshield from the fraternal order of police....works everytime.. cuz i got pulled over one time in my denali coming from D&B.. my girl and i was drunk ,boy you can smell it ...but when he saw the badge he just let me go and said to becareful... if you guys want, its only 100.00 to join the order...

[warpspeed]

Get this. If you do get a fix-it ticket for your exhaust and you get it written off, you can still be cited again. Because in their words,"How do I know that this is the same exhaust you had on the car when you got it written off? You could have easily changed it." Ain't that a bitch!