[mav1178]

Originally Posted by extrashaky

It means you have been accused of violating the law, and in this case the accusation was false and not based on any legitimate evidence. By swearing to a ticket, the cop was not saying that he was possibly in violation. He was making an official accusation.

This guy passed with the baffles removed from his exhaust. That means it was even quieter when the cop ticketed him and nowhere near the legal limit. The law allows the cop to issue citations based on his judgment, presuming him to be an expert with sufficient training to make such a judgment call. So, if he falsely accused this guy of a violation based on nothing more than his judgment, either he hasn't received sufficient training and wasn't qualified to make that determination, or he decided on his own to issue the citation without any basis in law just because he didn't like the sound.

Either scenario is an abuse of power, because it subjects the citizen to a process of proving his own innocence at his own expense and to the benefit of the government. It's frivolous prosecution. That's not freedom.

You're basically describing the root of the problem.

So let me ask you: The sound limit is 95db in CA. How do you go about determining if a car is in violation of that? Set up annual checks? What SAE procedure do you follow to test? Where do you test?

Following the same reasoning, I am driving 65MPH on the freeway with a 65MPH speed limit, and both my GPS as well as the road radar sign shows 65MPH. I get pulled over and am accused of doing 70MPH because the cop thinks I was speeding. How do you determine innocence or guilt? Do you accuse the cop of frivolous prosecution as well, just because you feel you were driving exactly 65MPH?

My point is that this is not judgment of guilt. I do realize that it passes with the baffles removed, but what if it doesnt? Even with a trained ear, it's borderline impossible to tell the difference between 93 and 95db, not all sound is the same...

At least there is a test method in place in CA for exhaust noise violations. SEMA fought for this legislation over a decade ago and now it's pretty easy to get it cleared up if you have an exhaust in compliance. Before, it was just your word vs the officer's.

Honestly, the law is pretty simple in CA on exhaust noise violations. Feel free to read:

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.



27150.1. 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.



27150.2. (a) Stations providing referee functions pursuant to
Section 44036 of the Health and Safety Code shall provide for the
testing of vehicular exhaust systems and the issuance of certificates
of compliance only for those vehicles that have received a citation
for a violation of Section 27150 or 27151.
(b) A certificate of compliance for a vehicular exhaust system
shall be issued pursuant to subdivision (a) if the vehicle complies
with Sections 27150 and 27151. Exhaust systems installed on motor
vehicles, other than motorcycles, with a manufacturer's gross vehicle
weight rating of less than 6,000 pounds comply with Sections 27150
and 27151 if they emit no more than 95 dbA when tested in accordance
with Society of Automotive Engineers Standard J1169 May 1998.
(c) An exhaust system certificate of compliance issued pursuant to
subdivision (a) shall identify, to the extent possible, the make,
model, year, license number, and vehicle identification number of the
vehicle tested, and the make and model of the exhaust system
installed on the vehicle.
(d) The station shall charge a fee for the exhaust system
certificate of compliance issued pursuant to subdivision (a). The fee
charged shall be calculated to recover the costs incurred by the
Department of Consumer Affairs to implement this section. The fees
charged by the station shall be deposited in the Vehicle Inspection
and Repair Fund established by Section 44062 of the Health and Safety
Code.
(e) Vehicular exhaust systems are exempt from the requirements of
Sections 27150 and 27151 if compliance with those sections, or the
regulations adopted pursuant thereto, would cause an unreasonable
hardship without resulting in a sufficient corresponding benefit with
respect to noise level control.



27150.7. A court may dismiss any action in which a person is
prosecuted for operating a vehicle in violation of Section 27150 or
27151 if a certificate of compliance has been issued by a station
pursuant to Section 27150.2, or if the defendant had reasonable
grounds to believe that the exhaust system was in good working order
and had reasonable grounds to believe that the vehicle was not
operated in violation of Section 27150 or 27151.



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.

The Society of Automotive Engineers (SAE) with an established noise limit of 95-decibels (SAE J1169). Under the SAE standard, a sound meter is placed 20 inches from the exhaust outlet at a 45-degree angle and the engine is revved to three quarters of maximum rated horsepower. The highest decibel reading is then recorded...