California SB 112 removes cars from the full impact of AB 1824 Exhaust Noise Law - UPDATE!

California Bill To Amend 2018 Exhaust Noise Law Passes Legislature

SEMA Praises Lawmakers for Championing Critical Legislation Thanks to the efforts of Assembly Members Tim Grayson, Tasha Boerner-Horvath, Phil Ting, Phil Chen, Senator Holly Mitchell, and enthusiasts throughout California, state lawmakers have approved SEMA-supported legislation (SB 112) that restores “fix-it” tickets for cars suspected of violating the state’s exhaust noise limit. Once signed into law by California Governor Gavin Newsom, SB 112 will take effect immediately. SB 112, a budget implementation (trailer) bill, includes text drawn from SEMA-sponsored AB 390, which was authored by Assembly Members Grayson and Jim Frazier in early 2019. Under normal legislative procedure, AB 390 would not have been implemented until January 2020. “SEMA thanks Assembly Members Grayson, Boerner-Horvath, Ting, and Chen, and Senator Mitchell for their tireless work on behalf of the over 1,700 member companies based in the Golden State,” said Daniel Ingber, SEMA’s Vice President for Legal and Government Affairs. “Thanks to their efforts, enthusiasts in California will continue to be afforded due process under the law.” SB 112 removes cars from the impact of AB 1824, which was signed into law by then-Governor Jerry Brown in June of 2018. AB 1824 amended how California law enforcement officials issued citations for suspected exhaust noise violations by removing the ability to issue fix-it tickets, which allowed for 30-days to correct a violation. Instead, motorists received an immediate fine. The bill generated significant concern within the specialty automotive aftermarket industry and enthusiast community. Once signed into law by Gov. Newsom, SB 112 will again allow law enforcement to issue fix-it tickets. Since 2003, exhaust systems installed on motor vehicles in California with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, may not exceed a sound level of 95-decibels when tested under a Society of Automotive Engineers (SAE). SB 112 does not change this. Also see: (here)

Fact vs. Fiction: California’s New Exhaust Noise Law

 

 REPOSTED from SEMA Action Network:
      https://www.semasan.com/legislative-alerts/california/fact-vs-fiction-californias-new-exhaust-noise-law

The Issue

California Assembly Bill (A.B.) 1824 was signed into law by then-Governor Jerry Brown in June of 2018 as part of the state’s budget process. The legislation amended how California law enforcement officials may issue a citation for exhaust noise violations.
The bill has generated significant concern within the industry and enthusiast community, along with some misinformation.  This document seeks to clarify the matter.  Most notably, enactment of A.B. 1824 did not change existing laws pertaining to exhaust noise or the sale and installation of aftermarket exhaust systems in California.  Here are the facts.

Were California’s exhaust noise rules changed?

No. Since 2003, exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, may not exceed a sound level of 95-decibels when tested under Society of Automotive Engineers (SAE) test procedure J1169 (May 1998). This was not changed by A.B. 1824.

Is it now illegal to install an aftermarket exhaust system on my vehicle?

No. The sale and installation of an aftermarket exhaust system remains legal in California so long as it does not exceed a sound level of 95-decibels when tested under SAE J1169 and complies with all other exhaust and safety laws and regulations.

If exhaust noise laws didn’t change, what did?

Beginning January 1, 2019, a motorist cited for violating the current California exhaust noise law can receive an immediate fine. Previously, motorists received what is known as a “fix-it” ticket, which allowed for 30-days to correct the violation.

What are my options if I get a ticket?

Consumers in receipt of a violation still have the option of seeking a certificate of compliance from the California Bureau of Automotive Repair (BAR) demonstrating that their exhaust emits no more than 95-decibels. This SEMA-sponsored program allows courts to dismiss citations for exhaust systems that have been tested and for which a certificate of compliance has been issued. BAR does not currently issue preemptive certificates of compliance.

If I get pulled over, will I receive a $1,000 fine?

According to the Judicial Council of California’s Uniform Bail and Penalty Schedules for 2019, the suggested base fine/fee for a first conviction is $25 with a total fee of $193.

I’ve still got questions?

Please contact Christian Robinson, SEMA’s Director of State Government Affairs.

Resources

• BAR Certificate of Compliance:  https://bar.ca.gov/Consumer/Referee_Program/Vehicle_Exhaust_Noise_Level_Certification.html 
• 2003 California 95-Decibel Law:  https://www.semasan.com/legislative-alerts/california/california-exhaust-noise-testing-program-open-business 

California Exhaust Noise Bill Goes into Effect

GReddy Performance Products, Inc.

Currently, we are working with organizations such as the SEMA Action Network, to clarify how the local California law is interpreted and implemented.  Please check back with us soon, as we gather more information regarding the required sound test procedures that are specifically called out for.  

  __  ____  __

https://www.semasan.com/legislative-alerts/california/california-exhaust-noise-bill-goes-effect 
 

"California Exhaust Noise Bill Goes into Effect
California Assembly Bill (A.B.) 1824, which was signed into law by then-Governor Jerry Brown in June of 2018 went into effect on January 1, 2019. The bill has generated significant concern amongst the online enthusiast community. Despite what is being circulated, enactment of A.B. 1824 does not change existing laws pertaining to exhaust noise or sale and installation of aftermarket exhaust systems.

Under existing law, exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, may not exceed a sound level of 95-decibels when tested under Society of Automotive Engineers (SAE) test procedure J1169 (May 1998). This was not changed by A.B. 1824.

A.B. 1824 amended how excess exhaust noise violations are handled by law enforcement. Beginning this year, a vehicle cited for violating the current exhaust noise law will no longer receive what is known as a “fix-it” ticket. Instead, violations will result in an immediate fine.

Consumers in receipt of a violation still have the option of seeking a certificate of compliance from the California Bureau of Automotive Repair (BAR) demonstrating that their exhaust emits no more than 95-decibels. This SEMA-sponsored program allows courts to dismiss citations for exhaust systems that have been tested and for which a certificate of compliance has been issued."

-- -- --

LINKS 

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1824

https://www.semasan.com/legislative-alerts/california/california-exhaust-noise-bill-goes-effect 

https://bar.ca.gov/Consumer/Referee_Program/Vehicle_Exhaust_Noise_Level_Certification.html
https://www.semasan.com/legislative-alerts/california/california-exhaust-noise-testing-program-open-business 

http://pages.message.sema.org/san-signup/?_ga=2.67737430.697985364.1546908292-8520454.1546908292

https://www.change.org/p/nullify-fines-for-loud-mufflers-ab-1824-section-4-in-california