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View Full Version : the new 06 emmisions laws.....cali for now...



gixerkiller
March 23rd, 2007, 09:37 PM
anybody hear about Jesse James from West Coast Choppers?

for those of you that have been under a rock.

Jesse was found guilty of non-compliance of the 06 ARB laws reguarding bikes. he was fined $270,000 plus.

the kicker is...he offered to buy the bikes back and make them compliant.

California said "no"

check out the new laws. these will all be the norm across the country by 2010.....suzuki is already meeting these rules and so has honda by making only 50 state compliant vehicles now.

27150.1. Sale of exhaust systems; Compliance with regulations and standards
No person engaged in a business that involves the selling of motor vehicle exhaust systems, or parts thereof, including, but not limited to, mufflers, shall offer for sale, sell, or install, a motor vehicle exhaust system, or part thereof, including, but not limited to, a muffler, unless it meets the regulations and standards applicable pursuant to this article. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.

A violation of this section is a misdemeanor.


Added Stats 1971 ch 1769 1. Amended Stats 1973 ch 610 1.
Amended Stats 2001 ch 92 3 (SB 1081).
Amended Stats 2002 ch 569 2 (SB 1420).

ANNOTATIONS

Amendments:

1973 Amendment:
Added (1) "engaged in a business which involves the selling of motor vehicle exhaust systems, or parts thereof, including, but not limited to, mufflers,"; and (2) the second paragraph.

2001 Amendment:
(1)Substituted "those" for "such" near the end of the first sentence; and (2)added the second sentence.

2002 Amendment:
(1)Deleted "On and after the effective date of regulations and standards adopted by the commissioner pursuant to Section 27150.2," at the beginning; (2)substituted "that involves" for "which involves"; (3)substituted "the regulations" for "those regulations" and (4)added "standards applicable pursuant to this article".
Cross References:
"Muffler": Veh C 425
Violation as misdemeanor: Veh C 40000.15
Collateral References:
Witkin & Epstein, Criminal Law (2d ed) 78, 1058
Cal Jur 3d (Rev) Criminal Law 71

27150.5. Sale of non-complying exhaust system
Any person holding a retail seller's permit who sells or installs an exhaust system, or part thereof, including, but not limited to, a muffler, in violation of Section 27150.1 or 27150.2 or the regulations adopted pursuant thereto, shall thereafter be required to install an exhaust system, or part thereof, including, but not limited to, a muffler, which is in compliance with such regulations upon demand of the purchaser or registered owner of the vehicle concerned, or to reimburse the purchaser or registered owner for the expense of replacement and installation of an exhaust system, or part thereof, including, but not limited to, a muffler, which is in compliance, at the election of such purchaser or registered owner.


Added Stats 1971 ch 1769 5.

27151. Modification of exhaust systems
(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.


Enacted Stats 1959 ch 3. Amended Stats 1971 ch 503 1; Stats 1980 ch 382 1.
Amended Stats 2001 ch 92 10 (SB 1081).

ANNOTATIONS

Amendments:

1971 Amendment:
Added the last sentence.

1980 Amendment:
Substituted "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) of this chapter" for ", above that emitted by the muffler originally installed on the vehicle and the original muffler shall comply with all of the requirements of this chapter" in the first sentence.

2001 Amendment:
(1)Designated the former section to be subd (a); (2)substituted "motor of the vehicle" for "motor of such vehicle" in the first sentence of subd (a); and (3)added subd (b).

Historical Derivations:
(a) Former Veh C 673, as enacted Stats 1935 ch 27, amended Stats 1941 ch 1129 1, Stats 1947 ch 233 1, Stats 1951 ch 953 1, Stats 1957 ch 741 1.
(b) Stats 1923 ch 266 96, as amended Stats 1927 ch 752 24, Stats 1929 ch 253 371/2, Stats 1931 ch 1026 29.
(c) Stats 1915 ch 188 16.
(d) Stats 1913 ch 326 16.
Cross References:
Modification of exhaust system with whistle-tip: Veh C 27150.3
Collateral References:
Annotations
Public regulation requiring mufflers or similar noise-preventing devices on motor vehicles, aircraft, or boats. 49 ALR2d 1202

NOTES OF DECISIONS
The prohibition against modifying the exhaust system to amplify motor noise is not unconstitutional. People v Finch (1953, App Dep't Super Ct) 119 Cal App 2d Supp 892, 258 P2d 1124
Former 684[now 24005 herein], insofar as it provided for enforcement of former 673[now 425, 27150-27152 herein], was not unconstitutional on ground that, among other things, standards of minimum noises permitted by said 673 were uncertain. Smith v Peterson (1955, 4th Dist) 131 Cal App 2d 241, 280 P2d 522

Hondas Rule
March 23rd, 2007, 10:34 PM
California sucks yo

Calkidd
March 23rd, 2007, 11:05 PM
Not just California......But those are California Vehicle Codes.

That is why the shops around my area are requiring your bike to be brought in with out its plate and on a trailer before any work installing after market parts.

gixerkiller
March 23rd, 2007, 11:41 PM
California sucks yo

it is spreading.....the rule here about retailers selling exhaust is now nation wide. the rest will be following soon.

from the cali rules there is no exception unless your bike is pre 78.

all the new quads now have a cali/usfs stamp on them..........

gixerkiller
March 23rd, 2007, 11:44 PM
Not just California......But those are California Vehicle Codes.

That is why the shops around my area are requiring your bike to be brought in with out its plate and on a trailer before any work installing after market parts.


most shops refuse to install any aftermarket parts unless you provide documentation that it is a race vehicle.

hell we can't even replace aftermarket parts that are damaged in a crash.....must be stock if ridden from the shop..........kills buisness....

Meanie5470
June 2nd, 2007, 07:43 AM
Man that sucks. NJ wants to adopt the same laws as Cali. Time to move back to Florida....

So did every custom bike shop in CA get fined? It never even crossed my mind that he could get fined for building and selling bikes with no mufflers on them.

bikerdave
June 2nd, 2007, 08:17 AM
The CA Clean Air board wanted a celebrity Head.

They were head hunting.;DOH
He offered to recall all of his bikes and make them
Ca compliant and they would have none of it.

They were hunting headlines if you ask me.:ReallyMad:flamethrower

Meanie5470
June 2nd, 2007, 04:34 PM
yea that sucks... but really I thought Shaq bought out West Coast Choppers years ago. Shaq actually told me that in person... Im not lying lol.

japanese90022
June 2nd, 2007, 10:09 PM
Just what I need, ANOTHER thing to get pulled over for!!:mad: LED signals, taillights, nothing with DOT on the mark gets you pulled over on corners in certain cities.... now... another thing more to get pulled over in the greater LA cities(or surrounding cities....) I know most of LAPD senior officers don't bother messing with bikes that ride normally without needless reving at lights... but now.... who knows who will pull you over.... Just today, I left a person's house in my car and got pulled over as soon as I put my seatbelt on!!! Stupid click it or ticket campaign..... I mean.... I realized and put it on and still a ticker?! And the officer couldn't not respond whether it was or wasn't a going to get points for the ticket!!! He was a corporal.... you would figure he would know a bit more then some rookie officer!!.... sorry had to blow some steam....
I don't mind the ticket, I know I'm at fault... but I wish they'd know what they write so I know if I have to go to school or not.... guy couldn't even get my age correct on the ticket.... Sheez.... must be easy to become a police office in THAT city!... I won't post the city name.:alcobut to clarify that it wasn't a CHP or LAPD officer.....

gixerkiller
June 3rd, 2007, 12:16 AM
a new revision here:

according to Cali and by 2010 ALL 50 states

ALL new vehicles from 06 to............ are in violation of carb laws if ANY modification is performed (except for paint and chrome) unless optioned by the manufacturer are illegal unless you apply for an "executive waiver" with the state which allows you to build the bike however you want as long as the emissions system is still working and you get the bike tested by the EPA to ensure the modification do not increase ANY type of emission.

there is another deal here to. even if you get a modded bike to pass they can still impound/fine you for violation of the Federal Clean Air Act of 1978
which states removal or tampering with a Federaly regulated device.

for those of you who think that you can escape this by moving to another state....think again... the EPA is formulating a nation wide emissions standard for testing. thats right, it is supposed to take effect by 2008 and it will involve the tail pipe tester thing and possibly the rolling test and the visual test.

the only way to get by all of this is to buy products that are approved for street use. dynojet's power commander line has a new one called the EX. it has a CARB certification number on it. it is legal for use in all 50 states.

unfortunatly, NO exhaust is approved at this time.

they will be approved as soon as someone can make one better than the engineers.

japanese90022
June 3rd, 2007, 01:30 AM
Well.... I think its going to have to depend on state funding.... I recall when I lived back in Florida nearly 10 years ago... we had to do annual emissions... since due to overwhelming overhead... they shut down the whole program....

gixerkiller
June 3rd, 2007, 10:56 AM
Well.... I think its going to have to depend on state funding.... I recall when I lived back in Florida nearly 10 years ago... we had to do annual emissions... since due to overwhelming overhead... they shut down the whole program....


not anymore. it is all about federal funding for the roads and a way for the states to generate revenue......which means it will happen. the big question is how to perform such test since every manufacturer does things a bit different as far as how the engine runs which sometimes the nox and co2 gasses are a bit higher.

plus most of the bike have clothes on them and i deffinately don't want some pinhead trying to remove my body work just so he/she can look for carbon canisters and shit.

japanese90022
June 3rd, 2007, 12:29 PM
I wonder how many officers will take the time to pull over every motorcycle and do visual inspections.... I've rarely heard of any getting ticketed for removing the emission canisters.... The newer bikes have a different type of emission system now that they went fuel injected....mostly done by computers..... so hence the great business for aftermarket companies such as powercommander.....:CONF

jawhn
June 3rd, 2007, 02:11 PM
... ALL new vehicles from 06 to... ...

ANOTHER reason to keep my 900RR forever! :V :dancing So 929s, 954s and early 1000RRs will be ok? Hot diggity, our stock just went up, boys!

(Apologies to anyone with a 2006 or newer)

:chase

gixerkiller
June 3rd, 2007, 02:18 PM
ANOTHER reason to keep my 900RR forever! :V :dancing So 929s, 954s and early 1000RRs will be ok? Hot diggity, our stock just went up, boys!

(Apologies to anyone with a 2006 or newer)

:chase

not so fast....no confirmation on how far back they will do the checks. it may be from 06 on up or they may say in 08 "all 08 bikes and those ten years back.

kinda like cars they may go back to 68 or 78 or somethin like that.

even if you don't fall under the emissions check stuff they can still hit ya for the anti tampering law under the clean air act of '78

jawhn
June 3rd, 2007, 02:26 PM
not so fast....no confirmation on how far back they will do the checks. it may be from 06 on up or they may say in 08 "all 08 bikes and those ten years back.

kinda like cars they may go back to 68 or 78 or somethin like that.

even if you don't fall under the emissions check stuff they can still hit ya for the anti tampering law under the clean air act of '78

Lordy. :eek::wierd

I hope they still understand the concept of "Grandfathering In"... :( I.E. The year the bike is bought (New) that whatever was legal that year carries on... If not, then the law has changed a considerable amount.

gixerkiller
June 3rd, 2007, 02:30 PM
I wonder how many officers will take the time to pull over every motorcycle and do visual inspections.... I've rarely heard of any getting ticketed for removing the emission canisters.... The newer bikes have a different type of emission system now that they went fuel injected....mostly done by computers..... so hence the great business for aftermarket companies such as powercommander.....:CONF

except retailers can not sell ANY exhaust or fueling equipment that inhibits,modifies,or removes emissions controll devices. including but not limited to : mufflers, jet kits, ignition advancers, air filters, gearing, cams, fuel injection components, and so on.

what the governments are trying to do is eliminate speed shops and independent repair facilities by removing the area in which they make the majority of their money.

hell the new gsxr 1k HAS to be taken to a suzuki dealer for ANY motor or fi service......you need a very special diagnostic computer to even adjust the sync. this is licensed only to dealers and suzuki has a way of knowing if you a dealer or not when you hook up the system.

if the organizations like AMA, MSF, DOG, HOG, etc would've stood up and told the EPA what they wanted to have happen we all would'nt be having this thread.

the car guys did it but the bike groups are to lazy i guess to care...now were stuck with this.

japanese90022
June 3rd, 2007, 02:51 PM
I can't imagine how much funding it would cost to check all vehicles until this point..... I mean... they would have to have specs and pictures of all motorcycles until this point and facilities with employees certified and trained to check this... like the Smog authorized systems... in addition, machines that are adaptable to motorcycles to check emissions in accordance to rpm's..... I doubt that the regular car ones are adequate enough to measure them..... that's funding that I find hard to believe tax payers are willing to pay now.... it's easier to restrict forecoming vehicles and further restricting resellers of race only equipment. Exhaust manufacturers will have to pay the CARB certs like auto aftermarket companies such as AEM, Mugen, HKS, Greddy, etc....;DOH Ofcourse, bottom line... consumers will have to pay for the added costs.... But almost impossible to instill that onto already sold items..... I think it would be more negligent on the sellers of products then those who bought them.... Who would consumers whom already poses these products go after? Manufactures will go bankrupt buying back all of them old products and paying for OEM equipments to their old customers...... unideal....

gixerkiller
June 3rd, 2007, 03:04 PM
I can't imagine how much funding it would cost to check all vehicles until this point..... I mean... they would have to have specs and pictures of all motorcycles until this point and facilities with employees certified and trained to check this... like the Smog authorized systems... in addition, machines that are adaptable to motorcycles to check emissions in accordance to rpm's..... I doubt that the regular car ones are adequate enough to measure them..... that's funding that I find hard to believe tax payers are willing to pay now.... it's easier to restrict forecoming vehicles and further restricting resellers of race only equipment. Exhaust manufacturers will have to pay the CARB certs like auto aftermarket companies such as AEM, Mugen, HKS, Greddy, etc....;DOH Ofcourse, bottom line... consumers will have to pay for the added costs.... But almost impossible to instill that onto already sold items..... I think it would be more negligent on the sellers of products then those who bought them.... Who would consumers whom already poses these products go after? Manufactures will go bankrupt buying back all of them old products and paying for OEM equipments to their old customers...... unideal....

i agree....no one said the polititions and the damn tree huggers were smart enough to figure out the economic backlash of said action...hell most of them want us to go back to living in caves with sharp pointy sticks as tools.

it may only be a test from the 06 to.......bikes but i know there is going to be some sort of inspection....they already do it to any cali resident who tries to bring a 49 state bike in and register it......BIG book of vin numbers that are approved california vehicles.....not on the list? no registration.

japanese90022
June 3rd, 2007, 03:42 PM
i agree....no one said the polititions and the damn tree huggers were smart enough to figure out the economic backlash of said action...hell most of them want us to go back to living in caves with sharp pointy sticks as tools.

it may only be a test from the 06 to.......bikes but i know there is going to be some sort of inspection....they already do it to any cali resident who tries to bring a 49 state bike in and register it......BIG book of vin numbers that are approved california vehicles.....not on the list? no registration.

I remember that 49state vehicles brought into California required a minimum amount of miles... 8500 or 11k... somewhere in between.... but are not required to add any California emissions...... People buy used speedometers and place them on some bikes just to pass inspection..... I think state legislators need to think more like the consumers to really resolve the issue. Here we are today with the BIG trend on restoring Classic Big Blocks 5000cc and bigger with no restriction issues while they peddle over 600-1600cc motorcycles.... can't they do the math???;DOH I bet they come up with an eventual "Think Yellow" Ethanol motorcycle/Scooter...... sheez.... what is this world coming to??????

In Japan, all vehicles require an annual inspection to pass safety AND VISUAL inspections.... You won't find cars without any doors or broken windows.... They offer a discounted rate to repair your vehicle... Here in the states, all these new proposals are only to increase jobs and waste needless Tax dollars.... concentrate more money on over crowded schools and after school curriculum's to give the younger youth's more to do then joining gangs and doing stupid things....

Even motorcycle licenses have restrictions of motor CC size and added increase in license to ride larger motorcycles.... here... nothing..... We get dumb city camera's at light taking picture of cars because they set the timing incorrect for the traffic hour setting... ridiculous ticket campaigns instead of patrolling homes and stores...and an innocent driver pays $$$$.....sigh* maybe its time to move.... or just join LAPD..... if you can't beat the system, join them..... :(

gixerkiller
June 3rd, 2007, 06:52 PM
I remember that 49state vehicles brought into California required a minimum amount of miles... 8500 or 11k... somewhere in between.... but are not required to add any California emissions...... People buy used speedometers and place them on some bikes just to pass inspection..... I think state legislators need to think more like the consumers to really resolve the issue. Here we are today with the BIG trend on restoring Classic Big Blocks 5000cc and bigger with no restriction issues while they peddle over 600-1600cc motorcycles.... can't they do the math???;DOH I bet they come up with an eventual "Think Yellow" Ethanol motorcycle/Scooter...... sheez.... what is this world coming to??????

In Japan, all vehicles require an annual inspection to pass safety AND VISUAL inspections.... You won't find cars without any doors or broken windows.... They offer a discounted rate to repair your vehicle... Here in the states, all these new proposals are only to increase jobs and waste needless Tax dollars.... concentrate more money on over crowded schools and after school curriculum's to give the younger youth's more to do then joining gangs and doing stupid things....

Even motorcycle licenses have restrictions of motor CC size and added increase in license to ride larger motorcycles.... here... nothing..... We get dumb city camera's at light taking picture of cars because they set the timing incorrect for the traffic hour setting... ridiculous ticket campaigns instead of patrolling homes and stores...and an innocent driver pays $$$$.....sigh* maybe its time to move.... or just join LAPD..... if you can't beat the system, join them..... :(



there is another nasty bit on bringing a 49 state bike in.....if you are a cali resident with a cali license and such you can not buy or bring a 49 state vehicle into cali now....unless it is the result of a divorce,settlement,katrina,windfall,historic collection and so on. basicaly if it is a legal document of transfer for a replacement or such that describes exactly how said vehicle was obtained then you can bring it in.

it is rather stupid but the stuff shirts are only thinking real short term.

i would join a cop force but they would never allow me to have a fire arm.
it would be the old west with me....shoot em then ask questions.

japanese90022
June 3rd, 2007, 07:32 PM
dang, you learn something new each day.....so technically only people moving into the state can transfer a vehicle into CA......;DOH cruel....

Meanie5470
June 15th, 2007, 06:21 PM
seems like the Governator isnt such a conservative after all... isnt that what he marketed himself as when he was running for governor?

gixerkiller
June 15th, 2007, 11:52 PM
seems like the Governator isnt such a conservative after all... isnt that what he marketed himself as when he was running for governor?

the gov aint got no power over the dmv or the dumbass legislature here in cali.

if he did the illegals would be out, the cops could beat up suspects, villagrosa would be hard pressed to be as lame as he is, boxer would've been shot........