Correcting exhaust modification in California
#1
Correcting exhaust modification in California
Just got cited for modification of exhaust system after 13 years about 200 yards away from home. Lucky me. This happen to anyone that can share tips on "correcting" this violation. I still have OEM exhaust and wondering if it's as easy as swapping out and having a LEO signing off by sight? Would I need to start the bike? If so, may be problematic as I've punched this out to 95" and have cams, mikuni carb, etc...
#2
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Jorgeinseal (01-09-2017)
#3
Just got cited for modification of exhaust system after 13 years about 200 yards away from home. Lucky me. This happen to anyone that can share tips on "correcting" this violation. I still have OEM exhaust and wondering if it's as easy as swapping out and having a LEO signing off by sight? Would I need to start the bike? If so, may be problematic as I've punched this out to 95" and have cams, mikuni carb, etc...
crap!
#5
#6
They crack down around the touristy areas of SF too... guys like to ride around with their pipes screaming "everyone please look at me", bad for business. Mayor gets heat from business owners, cops get heat from mayor.
Sounds like the OP was just in the wrong place at the wrong time.
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Sounds like the OP was just in the wrong place at the wrong time.
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Also on amazon.com...
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#7
Bike is a 2003 Heritage with thunderheaders, I have lived in this city for 20 years and put pipes on in 2004. No wrong place as he pulled me over 200 yards from driveway. I am conscientious of noisy pipes as I think it's childish. He wrote the citation for modified exhaust, not loud exhaust as I was not loud. dfwhockey17 provided an option and another may be to get a legal pipe that is under the decibel level so I don't have to worry about this.
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#8
What is the violation section number? If he is trying to put something out regarding VC27202.1 & 2 then he is out of line. That only affected motorcycles or exhaust systems manufactured on or after Jan 1, 2013. VC27202.1 (d)(1) Since your bike is a 2003, it should have been exempt. Also, he is not allowed to stop you solely based on the modified exhaust. VC 27202.1 (a)
If he is using another type of local ordinance, then he may have you.
Here's the code I was talking about. I have highlighted and underlined the important sections.
http://leginfo.legislature.ca.gov/fa...200920100SB435
SECTION 1.
Section 27202.1 is added to the Vehicle Code, to read:
27202.1.
(a) Notwithstanding any other law, a person shall not park, use, or operate a motorcycle, registered in the State of California, that does not bear the required applicable federal Environmental Protection Agency exhaust system label pursuant to Subparts D (commencing with Section 205.150) and E (commencing with Section 205.164) of Part 205 of Title 40 of the Code of Federal Regulations. A violation of this section shall be considered a mechanical violation and a peace officer shall not stop a motorcycle solely on a suspicion of a violation of this section. A peace officer shall cite a violation of this section as a secondary infraction.
(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less than one hundred dollars ($100), nor more than two hundred fifty dollars ($250).
(c) (1) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150.
(2) Upon producing proof of correction to the satisfaction of the court, the court may dismiss the penalty imposed pursuant to subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a motorcycle that is manufactured on or after January 1, 2013, or a motorcycle with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013.
(2) Penalties imposed pursuant to this section are in addition to penalties imposed pursuant to any other applicable laws or regulations.
(3) This section does not supersede, negate, or otherwise alter any other applicable laws or regulations.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
I hope this helps.
If he is using another type of local ordinance, then he may have you.
Here's the code I was talking about. I have highlighted and underlined the important sections.
http://leginfo.legislature.ca.gov/fa...200920100SB435
SECTION 1.
Section 27202.1 is added to the Vehicle Code, to read:
27202.1.
(a) Notwithstanding any other law, a person shall not park, use, or operate a motorcycle, registered in the State of California, that does not bear the required applicable federal Environmental Protection Agency exhaust system label pursuant to Subparts D (commencing with Section 205.150) and E (commencing with Section 205.164) of Part 205 of Title 40 of the Code of Federal Regulations. A violation of this section shall be considered a mechanical violation and a peace officer shall not stop a motorcycle solely on a suspicion of a violation of this section. A peace officer shall cite a violation of this section as a secondary infraction.
(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less than one hundred dollars ($100), nor more than two hundred fifty dollars ($250).
(c) (1) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150.
(2) Upon producing proof of correction to the satisfaction of the court, the court may dismiss the penalty imposed pursuant to subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a motorcycle that is manufactured on or after January 1, 2013, or a motorcycle with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013.
(2) Penalties imposed pursuant to this section are in addition to penalties imposed pursuant to any other applicable laws or regulations.
(3) This section does not supersede, negate, or otherwise alter any other applicable laws or regulations.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
I hope this helps.
#10
Bike is a 2003 Heritage with thunderheaders, I have lived in this city for 20 years and put pipes on in 2004. No wrong place as he pulled me over 200 yards from driveway. I am conscientious of noisy pipes as I think it's childish. He wrote the citation for modified exhaust, not loud exhaust as I was not loud. dfwhockey17 provided an option and another may be to get a legal pipe that is under the decibel level so I don't have to worry about this.