Correcting exhaust modification in California
#11
Would that require a stock exhaust system?
And, you have no need to worry if your bike is older than 2013?
Last edited by Road Star; 01-09-2017 at 02:55 PM.
#13
There is the federal epa stamp, I think that is what its called. No you wouldn't need the stock system. I believe Vance and Hines and Screamin Eagle make compliant exhausts but the stock take off would be the cheapest. I haven't done all the research so I am not positive. A quick call to the CHP would probably get a guy the best info.
#14
No, it is not cut and dry. What I posted before was in reference to VC27202.1 & 2. That was the result of SB435 that was passed in 2010, and only addresses bikes that are manufactured on or after Jan 1, 2013. There are other VC sections that can be applied. See below.
OK, you may have a leg to stand on with this one, but it's not cut and dry either. The Thunderheader web site may sink your efforts. See the bottom of this post.
Here's what the law says:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=2715 1
( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Exhaust Systems [27150 - 27159]
( Article 2 enacted by Stats. 1959, Ch. 3. )
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 by Stats. 2001, Ch. 92, Sec. 10. Effective January 1, 2002.)
VC27150 was referenced above. It is located here:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=2715 0
( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Exhaust Systems [27150 - 27159]
( Article 2 enacted by Stats. 1959, Ch. 3. )
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 by Stats. 1977, Ch. 558.)
VC27200 is also referenced above. Hre is that section of the law:
https://leginfo.legislature.ca.gov/f...5.&article=2.5.
So the question becomes, did you use a cutout, bypass, or similar device? (VC27150) I believe not.
Then the question becomes, is your bike and exhaust system louder than the stock configuration? (VC27151) Probably, but did he use a Db meter to actually check it, or did he just say that it was louder? According to VC27202 you are allowed up to 80db for a motorcycle manufactured after 1985.
If he did not use a db meter, you could argue that point in court. Possibly get it tossed right there. If the cop argues that he knows how loud is too loud, ask to see his training where he is certified to make that call. He will not have any to back that up. They need to use a db meter to establish that fact.
If he did use a db meter, there are two things you can ask for.
1) Ask for the certification on the meter. When was it last calibrated. If it is out of date, any testing with it is null and void.
2) Ask for the officer's certification to use the db meter. If he does not have any or it is expired, again, that testing is null and void.
The place they will possibly get you is the fact that you are running a Thunderheader and Thunderheader's own web site states that they are not legal on California Roads.
All THUNDERHEADER™ Exhaust Systems are legal for CLOSED-COURSE COMPETITION use only.
If you can get your bike tested and it comes in under 80db using the test methods described above, then you could probably fight it. That will take time and require missed work, etc...
Or you can put the stock exhaust back on and take it to a local CHP and get it signed off. Take that to the judge and show it has been corrected.
It's your choice.
OK, you may have a leg to stand on with this one, but it's not cut and dry either. The Thunderheader web site may sink your efforts. See the bottom of this post.
Here's what the law says:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=2715 1
Vehicle Code - VEH
DIVISION 12. EQUIPMENT OF VEHICLES [24000 - 28150]( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Exhaust Systems [27150 - 27159]
( Article 2 enacted by Stats. 1959, Ch. 3. )
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 by Stats. 2001, Ch. 92, Sec. 10. Effective January 1, 2002.)
VC27150 was referenced above. It is located here:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=2715 0
Vehicle Code - VEH
DIVISION 12. EQUIPMENT OF VEHICLES [24000 - 28150]( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Exhaust Systems [27150 - 27159]
( Article 2 enacted by Stats. 1959, Ch. 3. )
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 by Stats. 1977, Ch. 558.)
VC27200 is also referenced above. Hre is that section of the law:
https://leginfo.legislature.ca.gov/f...5.&article=2.5.
Vehicle Code - VEH
DIVISION 12. EQUIPMENT OF VEHICLES [24000 - 28150]
( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
DIVISION 12. EQUIPMENT OF VEHICLES [24000 - 28150]
( Division 12 enacted by Stats. 1959, Ch. 3. )
CHAPTER 5. Other Equipment [27000 - 28160]
( Chapter 5 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2.5. Noise Limits [27200 - 27207]
( Article 2.5 added by Stats. 1975, Ch. 83. )
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; Title 42, United States Code, Section 4905(e)(2)).
(Amended by Stats. 1977, Ch. 558.)
27201.
For the purposes of Section 27200, the noise limit of 92 dbA shall apply to any motorcycle manufactured before 1970.
(Added by Stats. 1975, Ch. 83.)
27202.
For the purposes of Section 27200, the following noise limits shall apply to any motorcycle, other than a motor-driven cycle, manufactured:
( Article 2.5 added by Stats. 1975, Ch. 83. )
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; Title 42, United States Code, Section 4905(e)(2)).
(Amended by Stats. 1977, Ch. 558.)
27201.
For the purposes of Section 27200, the noise limit of 92 dbA shall apply to any motorcycle manufactured before 1970.
(Added by Stats. 1975, Ch. 83.)
27202.
For the purposes of Section 27200, the following noise limits shall apply to any motorcycle, other than a motor-driven cycle, manufactured:
(1) After 1969, and before 1973 ........................
88 dbA
(2) After 1972, and before 1975 ........................
86 dbA
(3) After 1974, and before 1986 ........................
83 dbA
(4) After 1985 ........................
80 dbA
So the question becomes, did you use a cutout, bypass, or similar device? (VC27150) I believe not.
Then the question becomes, is your bike and exhaust system louder than the stock configuration? (VC27151) Probably, but did he use a Db meter to actually check it, or did he just say that it was louder? According to VC27202 you are allowed up to 80db for a motorcycle manufactured after 1985.
If he did not use a db meter, you could argue that point in court. Possibly get it tossed right there. If the cop argues that he knows how loud is too loud, ask to see his training where he is certified to make that call. He will not have any to back that up. They need to use a db meter to establish that fact.
If he did use a db meter, there are two things you can ask for.
1) Ask for the certification on the meter. When was it last calibrated. If it is out of date, any testing with it is null and void.
2) Ask for the officer's certification to use the db meter. If he does not have any or it is expired, again, that testing is null and void.
The place they will possibly get you is the fact that you are running a Thunderheader and Thunderheader's own web site states that they are not legal on California Roads.
All THUNDERHEADER™ Exhaust Systems are legal for CLOSED-COURSE COMPETITION use only.
If you can get your bike tested and it comes in under 80db using the test methods described above, then you could probably fight it. That will take time and require missed work, etc...
Or you can put the stock exhaust back on and take it to a local CHP and get it signed off. Take that to the judge and show it has been corrected.
It's your choice.
The following 2 users liked this post by Stick_FSMC:
Jorgeinseal (01-10-2017),
TriSum (01-13-2017)
#15
#16
#17
#18
#19
I don't think there is any aftermarket 2:1 that would be EPA-CA compliant. Vance & Hines does not have one.
#20
Talked to my Indy yesterday (Bennett's Performance-Long Beach) who advised aftermarket pipe manufacturers are vacating CA market due to regulations. V&H will not sell to him. HD will gladly sell a system for $1800 that is compliant but negates performance which I will not compromise. I still have my original pipes and we agreed best solution will be to swap the pipes, get citation signed and then re-swap. The LEO did me a favor by making citation correctable, he did not cite for emissions control tampering which is a fine of $500. I'll just have to keep my eyes open all the way home. Fair warning to all driving into Seal Beach.