Here's the scoop for you lawyer types. I think this is what were talking about here.......
BILL NUMBER: SB 1081 CHAPTERED
BILL TEXT
CHAPTER 92
FILED WITH SECRETARY OF STATE JULY 23, 2001
APPROVED BY GOVERNOR JULY 20, 2001
PASSED THE ASSEMBLY JULY 2, 2001
PASSED THE SENATE MAY 31, 2001
AMENDED IN SENATE MAY 22, 2001
AMENDED IN SENATE APRIL 16, 2001
INTRODUCED BY Senator Johannessen
FEBRUARY 23, 2001
An act to amend Sections 27150.1, 27150.2, 27150.7, and 27151 of,
and to repeal Sections 23130, 23130.5, 27150.3, 27150.4, 27150.6 and
27150.8 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1081, Johannessen. Exhaust and muffler systems.
(1) Existing law establishes noise limits for various types of
motor vehicles based on factors, including, but not limited to, speed
limit. Existing law establishes different noise limits for speed
zones of 35 miles per hour or less on level streets.
This bill would delete these provisions.
(2) Existing law prohibits any person engaged in a business that
involves the selling of motor vehicle exhaust systems from selling or
installing a motor vehicle exhaust system that does not meet
regulations and standards. Existing law provides that a violation of
this provision is a misdemeanor.
This bill would provide that motor vehicle exhaust systems include
nonoriginal exhaust equipment.
(3) Existing law requires the Commissioner of the California
Highway Patrol to conduct a study and to adopt regulations setting
standards for the certification of exhaust systems, which regulations
would become effective one year after they are filed with the
Legislature. Existing law authorizes the commissioner to provide for
the exemption of vehicular exhaust systems where compliance with the
regulations would cause an unreasonable hardship without resulting
in a sufficient corresponding benefit with respect to noise level
control. Existing law requires the regulations to include provisions
for the licensing of stations to implement these provisions.
This bill would require these regulations to provide that exhaust
systems installed on motor vehicles weighing less than 6,000 pounds
that emit no more than 95 dbA comply with specified requirements.
This bill would delete the provisions relating to the study and the
filing of regulations with the Legislature.
(4) Existing law authorizes a court to dismiss any action in which
a person is prosecuted for operating a vehicle in violation of
specified provisions relating to noise limits, if certain conditions
are met.
This bill would instead authorize a court to dismiss an action in
which a person is prosecuted for a violation of specified provisions
concerning the use of mufflers and exhaust systems, if the vehicle is
equipped with an exhaust system that complies with the regulations
described in (3).
(5) Existing law requires manufacturers of motorcycles and
motorcycle accessories to certify to the Department of the California
Highway Patrol, prior to the sale of a motorcycle exhaust system,
that the system is in compliance with the standards and regulations
adopted by the commissioner.
This bill would delete this provision.
(6) Existing law prohibits the modification of exhaust systems to
amplify or increase the noise emitted such that the system violates
existing noise limits.
This bill would provide that for vehicles of less than 6,000
pounds, other than motorcycles, a sound level of 95 dbA or less
complies with noise limits.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23130 of the Vehicle Code is repealed.
SEC. 2. Section 23130.5 of the Vehicle Code is repealed.
SEC. 3. Section 27150.1 of the Vehicle Code is amended to read:
27150.1. On and after the effective date of regulations and
standards adopted by the commissioner pursuant to Section 27150.2, no
person engaged in a business which 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 those regulations and standards. Motor
vehicle exhaust systems or parts thereof include, but are not
limited to, nonoriginal exhaust equipment.
A violation of this section is a misdemeanor.
SEC. 4. Section 27150.2 of the Vehicle Code is amended to read:
27150.2. The commissioner shall adopt regulations setting
standards for vehicular exhaust systems consistent with Article 2.5
(commencing with Section 27200). The regulations shall include, but
need not be limited to, the following:
(a) Provisions for standards for vehicular exhaust systems, based
on manufacturers' data and subject to any inspections and other
verification the commissioner may prescribe. The regulations shall
include provisions specifying that exhaust systems installed on motor
vehicles, other than motorcycles, with a manufacturer's gross
vehicle weight rating of less than 6,000 pounds, that emit no more
than 95 dbA when tested in accordance with Society of Automotive
Engineers Standard J1169 May 1998, comply with Sections 27150 and
27151.
(b) Provisions for the licensing of stations to implement this
section and Section 27150.1, and for the denial, revocation, or
suspension of any license for failure to comply with this section or
any regulation adopted thereunder.
The regulations may provide for the exemption of vehicular exhaust
systems where compliance with the regulations would cause an
unreasonable hardship without resulting in a sufficient corresponding
benefit with respect to noise level control.
SEC. 5. Section 27150.3 of the Vehicle Code is repealed.
SEC. 6. Section 27150.4 of the Vehicle Code is repealed.
SEC. 7. Section 27150.6 of the Vehicle Code is repealed.
SEC. 8. Section 27150.7 of the Vehicle Code is amended to read:
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 it is found that the vehicle was equipped with an exhaust
system in compliance with regulations adopted by the commissioner
pursuant to Section 27150.2, and that 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.
SEC. 9. Section 27150.8 of the Vehicle Code is repealed.
SEC. 10. Section 27151 of the Vehicle Code is amended to read:
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.
Dave
"I know it all, but I can't remember most of it..."
