The California Smog Law(s) Thread [MERGED]
If the car is modified why not keep your front plate. It makes a huge difference. Like some said... old news. I've been driving my 350-400whp cars daily for the last 4 years and not a single state ref or ticket.
few in's and out's on California Laws
Since I saw that post about us Cali people and our laws. Ya they always test laws here first. then they spread.
This has been going on for about 10+ yrs now remember the san diego crap that went down where they were crushing them
civic getting crushed
that reporter knows NOTHING!...
__________________________________________________ ___________________
also if you get pulled over for suspension mods as in sway bars etc....
and he sites you, you can either tell him...
what about code
27156(b)VC
Which is..
CVC 27156 (h) (1)This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board not to reduce the effectiveness of a required motor vehicle pollution control device.
Well, The third paragraph in that Executive Order says it does not reduce the effectiveness of the pollution control device. if gives you ticket then take that to the smog referee and get them to sign it off.
This scenario will be nothing more than a minor inconvenience for you, but you have done nothing illegal.
You may or may not want to keep a copy of that Executive Order in your glove box.
__________________________________________________ ______________
one I have also beat a few times is.
SPEED TRAPS
The following information comes from my copy of the January 2002 California Vehicle Code (CVC), which I purchased at my local DMV
These sections of the CVC relate directly to the use of "speedtraps" within California:
40801 Speed Trap Prohibition
40802 Definition of a Speed Trap
40803 Speed Trap Evidence
40804 Testimony Based on Speed Trap
40805 Admission of Speed Trap Evidence
40808 Speed Trap Evidense
Here are the most important paragraphs:
40801:
No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
40802 A "speed trap" is either of the following:
(a) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
This means that "airplane surveillance" tickets are illegal in California, unless the arresting officer paces your vehicle to determine your speed. I received two such tickets (in 1990 and 1992) and contested them. In both cases it was not necessary for me to say anything -- the judge asked the arresting officer if this case was related to airplane surveillance, and the charges were dismissed "in the interest of justice."
Why does the California Highway Patrol continue with airplane surveillance? Because most people don't know the law and just send in their fine, and because many drivers *are* paced, not realizing that a CHP cruiser has pulled in behind them.
CHP officers do know the law. One officer laughed when he told me "The airplane gotcha." His demeanor changed when I asked if he had read section 40801, and if he had used something other than a speed trap to determine my speed. He said "I'm just the gofer. I have to give you the ticket anyway."
Section 40802(b):
defines where "radar or other electronic devices" can be used to determine speed -- in essence, either on "local streets and roads" or on highways where a traffic survey has been conducted within the last five years. I find that California police are very familiar with this law, and with the local traffic surveys. I contested a radar ticket several years ago, and found that I was on a stretch that had recently been surveyed. If I had been two miles further I would have beaten the ticket.
Another kind person sent me this additional info:
I have some additional information on the use of radar in California. To use radar, the enforced facility (road, highway, etc) must have a valid Speed Zone Survey, as your other correspondent noted. What he did not say, though, was the posted speed limit must be in accordance with the speed limit indicated by the survey. In other words, if the survey recommends a speed limit of 40 MPH, and the local jurisdiction posts "30 MPH" signs, any ticket written should be thrown out of court, irrespective of the transgressor's speed, since the police would be enforcing a speed limit not legally set.
Additionally, the appropriate standard for determining the proper speed limit is based on the 85th percentile of the surveyed speeds. the survey must set forth ANY justification for reduction of the recommended speed from the 85th percentile of the survey data. To put it another way, the law assumes arbitrarily that 85% of drivers are driving at or below the maximum safe speed, and 15% exceed it. Therefore, after the survey data are collected, a basic statistical analysis determines the 85th percentile, and--voila!--the recommended speed limit. (This figure is rounded to the nearest 5 MPH increment.)
Mitigating factors, which must be cited on the survey, include a high accident rate due to speed, hidden hazards (defined as those not readily apparent to the driver--if you can SEE it, it's not a hidden hazard, no matter how unusual), and others. Local agencies have gotten fairly creative in these justifications, but there must be something to justify a posted speed limit at less than the 85th percentile, or no valid ticket.
There are a couple of other things I failed to mention about Speed Zone Surveys in California. They are public documents, and cannot legally be withheld. Some jurisdictions don't want to give them out, but be persistent, and you will be rewarded. Also, Speed Zone Surveys don't apply to highway speeds--technically, a SZS is used to lower a speed limit from 65 MPH (55 where applicable). The law recognizes 65/55 as the absolute speed limit, with a SZS justifying a reduction. Bear in mind that not every speed limit lower than 55 is justified by a SZS. The important point to remember here is that those speed limits not enforced by RADAR need not be justified by a survey.
if i get more I will post on here. im gonna go get a new updated one post any that has to do with us.
This has been going on for about 10+ yrs now remember the san diego crap that went down where they were crushing them
civic getting crushed
that reporter knows NOTHING!...
__________________________________________________ ___________________
also if you get pulled over for suspension mods as in sway bars etc....
and he sites you, you can either tell him...
what about code
27156(b)VC
Which is..
CVC 27156 (h) (1)This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board not to reduce the effectiveness of a required motor vehicle pollution control device.
Well, The third paragraph in that Executive Order says it does not reduce the effectiveness of the pollution control device. if gives you ticket then take that to the smog referee and get them to sign it off.
This scenario will be nothing more than a minor inconvenience for you, but you have done nothing illegal.
You may or may not want to keep a copy of that Executive Order in your glove box.
__________________________________________________ ______________
one I have also beat a few times is.
SPEED TRAPS
The following information comes from my copy of the January 2002 California Vehicle Code (CVC), which I purchased at my local DMV
These sections of the CVC relate directly to the use of "speedtraps" within California:
40801 Speed Trap Prohibition
40802 Definition of a Speed Trap
40803 Speed Trap Evidence
40804 Testimony Based on Speed Trap
40805 Admission of Speed Trap Evidence
40808 Speed Trap Evidense
Here are the most important paragraphs:
40801:
No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
40802 A "speed trap" is either of the following:
(a) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
This means that "airplane surveillance" tickets are illegal in California, unless the arresting officer paces your vehicle to determine your speed. I received two such tickets (in 1990 and 1992) and contested them. In both cases it was not necessary for me to say anything -- the judge asked the arresting officer if this case was related to airplane surveillance, and the charges were dismissed "in the interest of justice."
Why does the California Highway Patrol continue with airplane surveillance? Because most people don't know the law and just send in their fine, and because many drivers *are* paced, not realizing that a CHP cruiser has pulled in behind them.
CHP officers do know the law. One officer laughed when he told me "The airplane gotcha." His demeanor changed when I asked if he had read section 40801, and if he had used something other than a speed trap to determine my speed. He said "I'm just the gofer. I have to give you the ticket anyway."
Section 40802(b):
defines where "radar or other electronic devices" can be used to determine speed -- in essence, either on "local streets and roads" or on highways where a traffic survey has been conducted within the last five years. I find that California police are very familiar with this law, and with the local traffic surveys. I contested a radar ticket several years ago, and found that I was on a stretch that had recently been surveyed. If I had been two miles further I would have beaten the ticket.
Another kind person sent me this additional info:
I have some additional information on the use of radar in California. To use radar, the enforced facility (road, highway, etc) must have a valid Speed Zone Survey, as your other correspondent noted. What he did not say, though, was the posted speed limit must be in accordance with the speed limit indicated by the survey. In other words, if the survey recommends a speed limit of 40 MPH, and the local jurisdiction posts "30 MPH" signs, any ticket written should be thrown out of court, irrespective of the transgressor's speed, since the police would be enforcing a speed limit not legally set.
Additionally, the appropriate standard for determining the proper speed limit is based on the 85th percentile of the surveyed speeds. the survey must set forth ANY justification for reduction of the recommended speed from the 85th percentile of the survey data. To put it another way, the law assumes arbitrarily that 85% of drivers are driving at or below the maximum safe speed, and 15% exceed it. Therefore, after the survey data are collected, a basic statistical analysis determines the 85th percentile, and--voila!--the recommended speed limit. (This figure is rounded to the nearest 5 MPH increment.)
Mitigating factors, which must be cited on the survey, include a high accident rate due to speed, hidden hazards (defined as those not readily apparent to the driver--if you can SEE it, it's not a hidden hazard, no matter how unusual), and others. Local agencies have gotten fairly creative in these justifications, but there must be something to justify a posted speed limit at less than the 85th percentile, or no valid ticket.
There are a couple of other things I failed to mention about Speed Zone Surveys in California. They are public documents, and cannot legally be withheld. Some jurisdictions don't want to give them out, but be persistent, and you will be rewarded. Also, Speed Zone Surveys don't apply to highway speeds--technically, a SZS is used to lower a speed limit from 65 MPH (55 where applicable). The law recognizes 65/55 as the absolute speed limit, with a SZS justifying a reduction. Bear in mind that not every speed limit lower than 55 is justified by a SZS. The important point to remember here is that those speed limits not enforced by RADAR need not be justified by a survey.
if i get more I will post on here. im gonna go get a new updated one post any that has to do with us.
MOST COMMON ILLEGAL EQUIPMENT MOST OFTEN CITED BY THE CHP AND TRAFFIC OFFICERS.
LOUD CAR STEREO:Illegal if heard more than 50 feet from the vehicle (27007 VC).
FOR THE BOYS WITH BASS
LACK OF FRONT AND REAR DMV-ISSUED LICENSE PLATES (5200 VC)
YES JDM PLATES GETS ATTENTION
RADAR JAMMERS: Radar detectors are legal, but jammers, or any device which interferes with radar signals, are illegal (28150 VC).
LOVE MY PASSPORT 9500!!
TINTED WINDOWS:
* Tinting the front side windows and the windshield (except for a narrow band at the top of the windshield). Windows behind the driver's head may be tinted. If rear window is tinted, right-side mirror is required (26708 VC).
*LACK OF WHITE REAR LICENSE PLATE LIGHT (24601 VC). It must illuminate the license plate, not project light behind the vehicle.
*ILLEGAL ENGINE MODIFICATIONS: Most are illegal due to smog (27156 VC).
CARB LEGAL STICKERS NORMALLY HELPS YOU.
See Air Resources Board web site http://www.arb.ca.gov/msprog/aftermk...es/amquery.php for more information and a list of aftermarket parts that are legal. This site covers the most common engine modifications shown listed below for cars, trucks, and motorcycles.
* Air Cleaner Modification - modifications to the air cleaner and/or its housing.
* Air Filter/Intake Modification - open element air filters, modifications to the air flow intake tract, heat risers/preheat ducts.
* Engine Modification/Engine Change - kits that include multiple engine modifications such as new cylinder heads and camshafts, or boring and stroking; engine changes using an engine certified for another late model vehicle application, with additional engine modifications .
* Exhaust System/Exhaust Modification - exhaust manifold, exhaust headers, exhaust pipes, crossover pipes, etc.
* Fuel Line Modification - devices designed to attach to or be inserted in the fuel line..
* Fuel System Modification - fuel filters, gas caps, pressure regulators.
* Intake/Exhaust System - a kit that includes both intake and exhaust components.
California Vehicle Code Section 27156 prohibits modifications that increase motor vehicle emissions.
There are four groups of Aftermarket parts sold in California.
1. Replacement parts
2. Legal Add-on or Modified Parts
3. Competition or Racing use only Parts (There are exemptions for uncontrolled vehicles)
4. Catalytic Converters
Uncontrolled vehicles may have any aftermarket add-on or modified part installed as long as the vehicle can still meet the tailpipe emission standards for the year of the vehicle. Uncontrolled vehicles must retain any original or retrofit crankcase control (PCV) devices and NOx device required for the year of the vehicle. The following vehicles are considered uncontrolled vehicles:
You can call 1 800 242-4450 before adding modifications to be on the good side of the law. The worst thing is to be pulled over by a well-trained CHP officer, who will pop your hood, and cite you for every illegal modification you have made.
*BLUE AND YELLOW HEADLIGHTS:
Blue lights most talked about modifications that have been asked about for over 10 years.
The answer is no, no, and NO!
Headlights must be white.
No Blue or Red lights to the front!
Blue and Yellow lights are illegal (24011 VC). Look for the DOT symbol on the bulb and package.
* HEADLIGHTS BRIGHTER OR HIGHER WATTAGE than those from the factory. You may be able to see better, but the lights are illegal (24011 VC).
* TAIL LIGHTS OTHER THAN RED: (24600 VC)
* ILLEGAL BRAKE LIGHTS: Brake lights on vehicles newer than 1979 must be red (24603 VC). (Vehicles older than 1979 may be red or yellow.)
* LACK OF REAR REFLECTORS: Two red reflectors are required on the rear of cars and trucks (24607 VC).
* INCORRECT COLOR OF TURN SIGNAL: It must be white or yellow to the front, red or yellow to the rear (24953 VC).
*RED LIGHTS TO THE FRONT: They are illegal except on emergency vehicles (24003 VC). This is one way to get pulled over very quick!
*Tail lights that incorporate a bulb with a red tint or coating. In general, custom tail lights that incorporate a clear outer shell and red inner lens are legal (24011 VC). If they don't incorporate reflectors, they must be added to the vehicle (24607 VC).
*TAIL LIGHTS THAT ARE TOO DIM, washed out or show yellow, white or other colors (24600 VC). Ugly anyway
*ILLEGAL COLOR OF SIDE MARKER LIGHTS: If present, must be yellow in the front and red in the rear (25106, 24003 VC).
*DRIVING WITH JUST PARKING LIGHTS ON: (24800 VC). Vehicles that have factory-installed automatic daytime running lights must meet federal requirements and are legal.
*ILLEGAL DECORATIVE LIGHTS (24003 VC). All flashing decorative lights are illegal (25250 VC).
I HOPE NO ONE DOES THESE
* ILLEGAL WINDSHIELD WASHER NOZZLE LIGHTS. Only white or yellow are allowed. (25106 VC, 24003 VC). All those folks with the ugly blue ones will get cite one day soon.
OR THESE
*LIGHTS ATTACHED TO TIRE VALVES (24003, 25250 VC). Tire flys etc Damn it CHP got me on this one. My Bike had too much bling bing and the blue lights were cool. Getting pulled over sucked.
REALLY NOW!
*LIGHTED LICENSE PLATE FRAMES (unless red) (24003 VC).
LOL REDS LEGAL
* ILLEGAL LIGHTS, whether or not they are operating. It is illegal just to have them on the vehicle (24003 VC).
* EXCESSIVELY NOISY EXHAUST SYSTEMS AND MUFFLERS (27150, 27151 VC). Many aftermarket exhaust systems and parts are illegal. Look for parts that meet California law. If it doesn't say it meets the law, it probably doesn't. Exhaust systems which meet smog requirements but are still too loud. Exhaust equipment that states it is, "Legal in all 50 states," refers to smog, not noise.
ATTENTION
* Note: New law (27150.2 VC) does not require law enforcement to use sound level meters to test for excessive noise. Citation is based on officer's judgment. Cited violators may have testing done at smog referee stations or may be directed by the court to have testing done. Vehicles in violation must be brought into compliance. A fine may also be imposed.
LOUD CAR STEREO:Illegal if heard more than 50 feet from the vehicle (27007 VC).
FOR THE BOYS WITH BASS
LACK OF FRONT AND REAR DMV-ISSUED LICENSE PLATES (5200 VC)
YES JDM PLATES GETS ATTENTION
RADAR JAMMERS: Radar detectors are legal, but jammers, or any device which interferes with radar signals, are illegal (28150 VC).
LOVE MY PASSPORT 9500!!
TINTED WINDOWS:
* Tinting the front side windows and the windshield (except for a narrow band at the top of the windshield). Windows behind the driver's head may be tinted. If rear window is tinted, right-side mirror is required (26708 VC).
*LACK OF WHITE REAR LICENSE PLATE LIGHT (24601 VC). It must illuminate the license plate, not project light behind the vehicle.
*ILLEGAL ENGINE MODIFICATIONS: Most are illegal due to smog (27156 VC).
CARB LEGAL STICKERS NORMALLY HELPS YOU.
See Air Resources Board web site http://www.arb.ca.gov/msprog/aftermk...es/amquery.php for more information and a list of aftermarket parts that are legal. This site covers the most common engine modifications shown listed below for cars, trucks, and motorcycles.
* Air Cleaner Modification - modifications to the air cleaner and/or its housing.
* Air Filter/Intake Modification - open element air filters, modifications to the air flow intake tract, heat risers/preheat ducts.
* Engine Modification/Engine Change - kits that include multiple engine modifications such as new cylinder heads and camshafts, or boring and stroking; engine changes using an engine certified for another late model vehicle application, with additional engine modifications .
* Exhaust System/Exhaust Modification - exhaust manifold, exhaust headers, exhaust pipes, crossover pipes, etc.
* Fuel Line Modification - devices designed to attach to or be inserted in the fuel line..
* Fuel System Modification - fuel filters, gas caps, pressure regulators.
* Intake/Exhaust System - a kit that includes both intake and exhaust components.
California Vehicle Code Section 27156 prohibits modifications that increase motor vehicle emissions.
There are four groups of Aftermarket parts sold in California.
1. Replacement parts
2. Legal Add-on or Modified Parts
3. Competition or Racing use only Parts (There are exemptions for uncontrolled vehicles)
4. Catalytic Converters
Uncontrolled vehicles may have any aftermarket add-on or modified part installed as long as the vehicle can still meet the tailpipe emission standards for the year of the vehicle. Uncontrolled vehicles must retain any original or retrofit crankcase control (PCV) devices and NOx device required for the year of the vehicle. The following vehicles are considered uncontrolled vehicles:
You can call 1 800 242-4450 before adding modifications to be on the good side of the law. The worst thing is to be pulled over by a well-trained CHP officer, who will pop your hood, and cite you for every illegal modification you have made.
*BLUE AND YELLOW HEADLIGHTS:
Blue lights most talked about modifications that have been asked about for over 10 years.
The answer is no, no, and NO!
Headlights must be white.
No Blue or Red lights to the front!
Blue and Yellow lights are illegal (24011 VC). Look for the DOT symbol on the bulb and package.
* HEADLIGHTS BRIGHTER OR HIGHER WATTAGE than those from the factory. You may be able to see better, but the lights are illegal (24011 VC).
* TAIL LIGHTS OTHER THAN RED: (24600 VC)
* ILLEGAL BRAKE LIGHTS: Brake lights on vehicles newer than 1979 must be red (24603 VC). (Vehicles older than 1979 may be red or yellow.)
* LACK OF REAR REFLECTORS: Two red reflectors are required on the rear of cars and trucks (24607 VC).
* INCORRECT COLOR OF TURN SIGNAL: It must be white or yellow to the front, red or yellow to the rear (24953 VC).
*RED LIGHTS TO THE FRONT: They are illegal except on emergency vehicles (24003 VC). This is one way to get pulled over very quick!
*Tail lights that incorporate a bulb with a red tint or coating. In general, custom tail lights that incorporate a clear outer shell and red inner lens are legal (24011 VC). If they don't incorporate reflectors, they must be added to the vehicle (24607 VC).
*TAIL LIGHTS THAT ARE TOO DIM, washed out or show yellow, white or other colors (24600 VC). Ugly anyway
*ILLEGAL COLOR OF SIDE MARKER LIGHTS: If present, must be yellow in the front and red in the rear (25106, 24003 VC).
*DRIVING WITH JUST PARKING LIGHTS ON: (24800 VC). Vehicles that have factory-installed automatic daytime running lights must meet federal requirements and are legal.
*ILLEGAL DECORATIVE LIGHTS (24003 VC). All flashing decorative lights are illegal (25250 VC).
I HOPE NO ONE DOES THESE
* ILLEGAL WINDSHIELD WASHER NOZZLE LIGHTS. Only white or yellow are allowed. (25106 VC, 24003 VC). All those folks with the ugly blue ones will get cite one day soon.
OR THESE
*LIGHTS ATTACHED TO TIRE VALVES (24003, 25250 VC). Tire flys etc Damn it CHP got me on this one. My Bike had too much bling bing and the blue lights were cool. Getting pulled over sucked.
REALLY NOW!
*LIGHTED LICENSE PLATE FRAMES (unless red) (24003 VC).
LOL REDS LEGAL
* ILLEGAL LIGHTS, whether or not they are operating. It is illegal just to have them on the vehicle (24003 VC).
* EXCESSIVELY NOISY EXHAUST SYSTEMS AND MUFFLERS (27150, 27151 VC). Many aftermarket exhaust systems and parts are illegal. Look for parts that meet California law. If it doesn't say it meets the law, it probably doesn't. Exhaust systems which meet smog requirements but are still too loud. Exhaust equipment that states it is, "Legal in all 50 states," refers to smog, not noise.
ATTENTION
* Note: New law (27150.2 VC) does not require law enforcement to use sound level meters to test for excessive noise. Citation is based on officer's judgment. Cited violators may have testing done at smog referee stations or may be directed by the court to have testing done. Vehicles in violation must be brought into compliance. A fine may also be imposed.
thanks man. i have a lot of good useful info i was pretty deep in the honda scene.. and well I had to learn really fast how to get out and ways to avoid them... now they turned attention to us.. got start remembering!!!!
will think of more...
will think of more...
It's all about perception. I drive my autocross car on the street every once in a while (when it's actually running), and I've never had any issues. It's low, no front plate (haven't had one since I bought the car almost 4 years ago), somewhat loud, has big sponsor decals all over it, and my plate says E85 PLZ. I just don't drive like an *******, don't look like a thug, and don't cause any problems. My Stanford Alumni license plate frame probably doesn't hurt either. Never have any issues whatsoever, even when I had a 70" Kognition wing and huge splitter on it.
Evolving Member
Joined: Apr 2009
Posts: 143
Likes: 0
From: Leesburg, VA
when did Cali start getting this way... did Arnold start this behavior?
just wondering what made someone (or some group) start doing this? it must bring in lots of state revenue in lieu of tickets for sure... but is that the ulterior motive(?)
just wondering what made someone (or some group) start doing this? it must bring in lots of state revenue in lieu of tickets for sure... but is that the ulterior motive(?)
Yeah this thread scares me.
a.) So at the ref are inter coolers cool?
b.) Stock frame turbos are not cool?
c.) Cat-back exhaust/down pipe not cool?
d.) S1 cams cool?
I have had two cops look under my hood and neither one said a thing to me about all of my shiny parts. I LOVE INJEN'S CARB APPROVAL. I just pointed to the CARB numbers on the intake/uicp and one was like, cool I don't give a **** about your car have a nice day slow down.
a.) So at the ref are inter coolers cool?
b.) Stock frame turbos are not cool?
c.) Cat-back exhaust/down pipe not cool?
d.) S1 cams cool?
I have had two cops look under my hood and neither one said a thing to me about all of my shiny parts. I LOVE INJEN'S CARB APPROVAL. I just pointed to the CARB numbers on the intake/uicp and one was like, cool I don't give a **** about your car have a nice day slow down.
My friend is a smog tech and he looked up the current (this was last year, late 2011, but should be the same currently) smog laws about intercoolers. The actual law says (according to him, as I didnt read it) that if your car comes from the factory with a intercooler, then you can change the IC and pipes, if they retain the stock location.
But regardless of that (and this is where your right), most cops and smog techs "think" that IC/piping is illegal and will fail you or write you a ticket.
