Profiling in the xB???
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From: Here at my desk...
Profiling in the xB???
Profiling in the xB???
Hey, the other day, I was talking to a Broward Sheriff Officer friend of mine, and he tells me, that the SCION xB is being profiled.
As in, they are being told to 'give the xB' more then a curious look. To pull over the cars more often, since they fit the profile of the 'Fast and Furious' type of car owner.
Now, I had to sort of laugh; I'm 40, and hardly look like a young F&F type of person.
Until today.
I was driving north on US 1, and there was this (sort of) beat up Honda ricer next to me. Had the loud spitter pipe and everything. His drivers front fender was in the process of being tricked out; it was painted primer gray.
So anywy, the light turns green, and he speeds away. With his loud pipe, and the sound of my BORLA, we must have sounded like we were racing, but we were not. In fact, the speed limit was 45, and I never crossed it.
We get to the next light, and nothing. The light turns green, he leaves, I leave, and I'm driving along…when I see the lights of Johnny Law behind me. I am in the left lane. I am thinking, he wants to just pass me. So I move to the center lane. He gets behind me. And now says, via his PA, "What are you waiting for?" It dawns on me. He wants me to pull over. See, this did not register with me right away, since I was not even close to speeding.
I pull over into a parking lot, and he gets out. He is a BSO Special Task Force Cop (wearing the bullet proof vest and everything; it even said POLICE)…His partner stands on the other side of the car.
The windows have been down, and the roof was open. We (Ellen, and Keith and I), had been listening to the EAGLES, Hotel California.
He looks at me. I look at him. Nothing is said. My look must have been one of surprise. So he says, "That wasn't just you speeding down the road there, was it?"
I say, "Huh? No. I was doing the speed limit." Which I had been.
HE says, "Are you sure you weren't speeding down the road there? " And again, I look at him, and tell him, 'no'.
He asks for the registration and license. I give him the little folder I hold my insurance card and registration in. He looks at that for about two seconds. No kidding. Then he hands it back. Looks up and down the side of the car. I hand my drivers license to him. He asks me, "Am I going to go check this and find you have had any tickets?"
I tell him, (just as Ellen is saying, "Not in the last year"), I tell him, "Yes, I got one that got taken care of, but not in the car, in my SCION xA".
He says, "xA? You have two?" I say, "Yes, I have two." He then walks to the back of the car, looks down, and asks me to come out. I open my door, and walk back, looking down at what he is looking at.
He points to the BORLA, and asks, "Is that stock? " I said, "Well, I got it at the dealer."
He says, "You got that at the dealer?" I again, say, "Yeah, at the dealer. "
He asks me what I do. I tell him I am a preacher. He then asks me where I was going. I told him, to see my mother in law. Then he points to my drivers door.
Asks me, "What do you have in the door there?" What I have in the drivers side door, is a Bible, in a metal case. It looks cool, and is sturdy.
I tell him, "It's a Bible. I told you. I'm a preacher." He asks me to get it. I do, and open it for him. Flip the pages. Yup, it's a Bible, I'm thinking to myself…
He at this point, also asks me, "Do you have any pot in there?", pointing to the car. I said, "No!" , and he says, looking at me, "Good. Don't do drugs. " (no, I'm not kidding).
So he hands the Bible back to me, and my license, and tells me to not speed through Pompano Beach. And then leaves.
No ticket. No warning. Nothing but some looks and questions.
So I check with my BSO buddy tonight, and yup, he thinks that guy just pulled me over, since my car 'fit the profile'…
Zoink. Is that legal? And do you think that just because you ride on a lowered car, with KROM 16" wheels, and a BORLA pipe, that you qualify for a racer?
I hope not. It seems rather unfair. Oh, and this buddy of mine? He checked out my story…turns out, that I am somewhat the talk of the cops right now. This cop is getting a ribbing for pulling over a preacher.
edited by TJ to put in a part that I forgot earlier...
Hey, the other day, I was talking to a Broward Sheriff Officer friend of mine, and he tells me, that the SCION xB is being profiled.
As in, they are being told to 'give the xB' more then a curious look. To pull over the cars more often, since they fit the profile of the 'Fast and Furious' type of car owner.
Now, I had to sort of laugh; I'm 40, and hardly look like a young F&F type of person.
Until today.
I was driving north on US 1, and there was this (sort of) beat up Honda ricer next to me. Had the loud spitter pipe and everything. His drivers front fender was in the process of being tricked out; it was painted primer gray.
So anywy, the light turns green, and he speeds away. With his loud pipe, and the sound of my BORLA, we must have sounded like we were racing, but we were not. In fact, the speed limit was 45, and I never crossed it.
We get to the next light, and nothing. The light turns green, he leaves, I leave, and I'm driving along…when I see the lights of Johnny Law behind me. I am in the left lane. I am thinking, he wants to just pass me. So I move to the center lane. He gets behind me. And now says, via his PA, "What are you waiting for?" It dawns on me. He wants me to pull over. See, this did not register with me right away, since I was not even close to speeding.
I pull over into a parking lot, and he gets out. He is a BSO Special Task Force Cop (wearing the bullet proof vest and everything; it even said POLICE)…His partner stands on the other side of the car.
The windows have been down, and the roof was open. We (Ellen, and Keith and I), had been listening to the EAGLES, Hotel California.
He looks at me. I look at him. Nothing is said. My look must have been one of surprise. So he says, "That wasn't just you speeding down the road there, was it?"
I say, "Huh? No. I was doing the speed limit." Which I had been.
HE says, "Are you sure you weren't speeding down the road there? " And again, I look at him, and tell him, 'no'.
He asks for the registration and license. I give him the little folder I hold my insurance card and registration in. He looks at that for about two seconds. No kidding. Then he hands it back. Looks up and down the side of the car. I hand my drivers license to him. He asks me, "Am I going to go check this and find you have had any tickets?"
I tell him, (just as Ellen is saying, "Not in the last year"), I tell him, "Yes, I got one that got taken care of, but not in the car, in my SCION xA".
He says, "xA? You have two?" I say, "Yes, I have two." He then walks to the back of the car, looks down, and asks me to come out. I open my door, and walk back, looking down at what he is looking at.
He points to the BORLA, and asks, "Is that stock? " I said, "Well, I got it at the dealer."
He says, "You got that at the dealer?" I again, say, "Yeah, at the dealer. "
He asks me what I do. I tell him I am a preacher. He then asks me where I was going. I told him, to see my mother in law. Then he points to my drivers door.
Asks me, "What do you have in the door there?" What I have in the drivers side door, is a Bible, in a metal case. It looks cool, and is sturdy.
I tell him, "It's a Bible. I told you. I'm a preacher." He asks me to get it. I do, and open it for him. Flip the pages. Yup, it's a Bible, I'm thinking to myself…
He at this point, also asks me, "Do you have any pot in there?", pointing to the car. I said, "No!" , and he says, looking at me, "Good. Don't do drugs. " (no, I'm not kidding).
So he hands the Bible back to me, and my license, and tells me to not speed through Pompano Beach. And then leaves.
No ticket. No warning. Nothing but some looks and questions.
So I check with my BSO buddy tonight, and yup, he thinks that guy just pulled me over, since my car 'fit the profile'…
Zoink. Is that legal? And do you think that just because you ride on a lowered car, with KROM 16" wheels, and a BORLA pipe, that you qualify for a racer?
I hope not. It seems rather unfair. Oh, and this buddy of mine? He checked out my story…turns out, that I am somewhat the talk of the cops right now. This cop is getting a ribbing for pulling over a preacher.
edited by TJ to put in a part that I forgot earlier...
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Joined: Jan 2005
Posts: 241
From: Speicher, Germany
Uhh... I am at a lost of words for this one...
I think I'll carry my dyno sheet with my car so when I get pulled over for something like this, I can just show them the dyno.... "Officer, would you race if your engine only put out 86whp?"
I think I'll carry my dyno sheet with my car so when I get pulled over for something like this, I can just show them the dyno.... "Officer, would you race if your engine only put out 86whp?"
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Posts: 2,337
That is crazy! The police need to quit profiling and worry about the real offenders. It doesn't matter what you drive or how it looks. If you aren't breaking the law, they shouldn't have any authority to bother you. There is great responsibility with power. The people have given them to the power to protect but we don't give them the right to abuse that. I think people have forgotten that all public positions are subject to their scrutiny and control.
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From: Buena Park, CA
Originally Posted by chadfo
There is great responsibility with power. The people have given them to the power to protect but we don't give them the right to abuse that. I think people have forgotten that all public positions are subject to their scrutiny and control.
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Joined: Jan 2005
Posts: 541
From: FUN4ADULTS
Damn, since I usually tend to speed anyway, the last thing I need is for the box to be viewed by the cops in that sort of light. Im not some F&F ricer, just your average couple miles over the limit speeder.
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Joined: Aug 2004
Posts: 86
From: orlando
i live in orlando, and it happens all the, i was with my friends tonight, we were just getn back from islands of adventure, and we were just driving i was doing like 45 on goldenrod it was wet out so i was in no hurry, and a cop in driving in the oppsite direction sees my car and did aquick u turn and followed me for about 10 minutes, lol i could see him running my license plate, i guess you can call that doing ur job....
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Originally Posted by pharynx
Sounds like Peter Parker's uncle, eh?
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From: Miami, FL
TJ, this is the best prose essay i've ever seen on this board.
Your story will circulate. You might want to send it over to the Sun Sentinel's reader's inputs page
Very well done, sir. Also, we should be sending links to this thread to every PD in the nation. All cops will love this report. All readers get equal laughs and, yes, be concerned.
Now we know how black bucks feel. A little bit, huh?
On the other hand, profiling is necessary in this age and time-- but it's a big question mark how best to profile without abusing the privilege. I -think- that the police officer was wrong to stop you without chargeable offense ready to be put on you. There was no -offense observed-. Only suspicion, hence that leading question about "you were speeding?". That does not cut it. The profiling is OK but that stop was not right. It abbrogated your right to privacy and assaulted your dignity and stressed you and your passengers. So it was wrong, even if it were funny in many respects.
cheers and.... read my siggy line, please, Officer Po-Po:
Your story will circulate. You might want to send it over to the Sun Sentinel's reader's inputs page
Very well done, sir. Also, we should be sending links to this thread to every PD in the nation. All cops will love this report. All readers get equal laughs and, yes, be concerned.
Now we know how black bucks feel. A little bit, huh?
On the other hand, profiling is necessary in this age and time-- but it's a big question mark how best to profile without abusing the privilege. I -think- that the police officer was wrong to stop you without chargeable offense ready to be put on you. There was no -offense observed-. Only suspicion, hence that leading question about "you were speeding?". That does not cut it. The profiling is OK but that stop was not right. It abbrogated your right to privacy and assaulted your dignity and stressed you and your passengers. So it was wrong, even if it were funny in many respects.
cheers and.... read my siggy line, please, Officer Po-Po:
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Joined: Oct 2004
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Originally Posted by SciFly
TJ, this is the best prose essay i've ever seen on this board.
Your story will circulate. You might want to send it over to the Sun Sentinel's reader's inputs page
Very well done, sir. Also, we should be sending links to this thread to every PD in the nation. All cops will love this report. All readers get equal laughs and, yes, be concerned.
Now we know how black bucks feel. A little bit, huh?
On the other hand, profiling is necessary in this age and time-- but it's a big question mark how best to profile without abusing the privilege. I -think- that the police officer was wrong to stop you without chargeable offense ready to be put on you. There was no -offense observed-. Only suspicion, hence that leading question about "you were speeding?". That does not cut it. The profiling is OK but that stop was not right. It abbrogated your right to privacy and assaulted your dignity and stressed you and your passengers. So it was wrong, even if it were funny in many respects.
cheers and.... read my siggy line, please, Officer Po-Po:
Your story will circulate. You might want to send it over to the Sun Sentinel's reader's inputs page
Very well done, sir. Also, we should be sending links to this thread to every PD in the nation. All cops will love this report. All readers get equal laughs and, yes, be concerned.
Now we know how black bucks feel. A little bit, huh?
On the other hand, profiling is necessary in this age and time-- but it's a big question mark how best to profile without abusing the privilege. I -think- that the police officer was wrong to stop you without chargeable offense ready to be put on you. There was no -offense observed-. Only suspicion, hence that leading question about "you were speeding?". That does not cut it. The profiling is OK but that stop was not right. It abbrogated your right to privacy and assaulted your dignity and stressed you and your passengers. So it was wrong, even if it were funny in many respects.
cheers and.... read my siggy line, please, Officer Po-Po:
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Joined: Jun 2004
Posts: 55
From: KCMO
I got pulled over for "failure to come to a complete stop" even though i let 2 cars go in front of me by stopping of course. I also have a couple of speeding tickets for stupid amounts of speed 9 and 7 over. I definitely notice the police tailing me quite a bit more. I didn't get a single ticket in my toyota camry. 
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Joined: Apr 2005
Posts: 50
From: Erie, PA
Cops being suspicious of a Bible is just TOO funny! What exactly did they think you had in there, anyhow? Hope they don't stop me--I'm a Buddhist, and if they come across my beads and chanting book (in Japanese), I may have to spend a night in the lockup! 
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Posts: 24
Re: Profiling in the xB???
Originally Posted by TJandBOXCARWILLIE
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He points to the BORLA, and asks, "Is that stock? " I said, "Well, I got it at the dealer."
He says, "You got that at the dealer?" I again, say, "Yeah, at the dealer. "
He points to the BORLA, and asks, "Is that stock? " I said, "Well, I got it at the dealer."
He says, "You got that at the dealer?" I again, say, "Yeah, at the dealer. "
Excessive Noise Enforcement Passenger Vehicles, Light Trucks and Motorcycles
The California Highway Patrol (CHP), Commercial Vehicle Section (CVS), has received many inquiries about excessive noise emitted by passenger vehicles, light trucks and motorcycles. Enforcement personnel and the public have inquired regarding enforcement of the Vehicle Code (VC) sections pertaining to excessive noise emitted by these vehicles.
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective. For this reason, enforcement personnel are to exercise sound professional judgment in making a determination of violation. The following guidelines and attached question and answer sheet (Attachment A) provide guidance to enforcement personnel regarding appropriate enforcement procedures.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1. Are not equipped with a muffler;
2. Clearly emit an offensive, harsh, excessive noise, or;
3. Have a clearly defective exhaust system (holes, leaks, etc.).
Clearing Citations
When clearing excessive noise citations issued by the CHP or allied agencies, personnel are to consider exhaust systems in compliance if they incorporate a reasonably effective muffler, do not emit an offensive, harsh, excessive noise, and appear to be in good repair.
ATTACHMENT A
Q1: Doesn't the VC require a muffler on every vehicle?
Yes. Section 27150 VC requires that every motor vehicle subject to registration be equipped with an adequate muffler. There are no exceptions — all vehicles must be equipped with a muffler, as defined in Section 425 VC. A turbocharger is not considered a muffler.
Q2: Aren't all exhaust system modifications prohibited?
No. Section 27151 VC prohibits the modification of the exhaust system to amplify or increase the noise emitted by the vehicle, making the vehicle not in compliance with Section 27150 VC or exceeding the noise limits established in Sections 27201-27206 VC. Section 27151 VC does not prohibit all modifications to an exhaust system. It also does not prohibit all modifications that increase the noise level of the exhaust system over that of the original, factory-installed exhaust system (as it did until 1980). It only prohibits modifications that result in a noise level higher than those specified in Sections 27201-27206 VC. Accurately determining compliance with Sections 27201-27206 VC for enforcement purposes is generally impractical. Enforcement personnel must make an informed professional evaluation to determine if excessive noise statutes are being violated.
Q3: Do I have to actually listen to a vehicle to cite it for a violation of either Section 27150 or 27151?
Yes. Drivers of vehicles should not be cited for violation of either Section 27150 or 27151 VC unless the officer has personally listened to the vehicle in operation. This can be either under actual driving conditions or with the vehicle stationary and the engine running. Even if the officer has inspected the exhaust system and does not see a muffler present, the officer should listen to the vehicle. The purpose of this is to be sure that the exhaust system does not incorporate internally baffled pipes or other components that meet the definition of a muffler. There are no specifications which state required configurations or minimum dimensions for mufflers. A vehicle that does not visually appear to be equipped with a muffler, but does not emit excessive noise, should be deemed to comply with Sections 27150 and 27151 VC.
Q4: Does an aftermarket, replacement or modified tailpipe or muffler tip constitute a violation of Section 27151 VC?
No. Section 27151 VC prohibits the modification of exhaust systems to amplify or increase noise. The officer would have to establish that the modification increased the noise emitted by the vehicle by listening to the exhaust. In general, exhaust system piping, tubing, fittings, cosmetic tips or other passive devices placed behind the muffler have minimal impact on exhaust system sound levels.
Q5: Since Section 27150 requires that the muffler prevent excessive and unusual noise, can the driver of a vehicle be cited for violation of Section 27150 if it emits a sound different than the original factory installed muffler?
The prohibition against unusual noise refers to noises that are unusual for motor vehicles. Noise that may be unusual for a particular make or model of vehicle, but which is not necessarily unusual for other motor vehicles, should not be considered in violation, provided the noise is not excessive.
Q6: Aren't all modified exhaust systems unlawful under pollution control laws?
No.Current pollution control laws regarding aftermarket exhaust systems are quite complex, but do permit the installation of a variety of aftermarket and "exempt" systems. Due to the complexity of modern pollution control systems and the laws governing them, the CHP does not provide technical training in this area. Enforcement of pollution control laws is the responsibility of the Bureau of Automotive Repair through the "Smog Check" program.
Q7: What are the noise levels specified in Sections 27201-27206 VC? Can these be used to cite loud vehicles?
No. Section 27200 VC prohibits the sale of new motor vehicles that exceed the noise limits specified in these Sections. The specified noise limits (80 dB(A) (decibels) for all new cars, pickup trucks, vans and motorcycles apply only to new motor vehicles, under full throttle acceleration tests, measured 50 feet from the test vehicle, as specified in Sections 1040-1044, 1046 and 1047, Title 13, California Code of Regulations (13 CCR). These noise levels and the specified test methods apply to manufacturers and new car dealers only, for new vehicle certification purposes, and may not be used for enforcement purposes against vehicles being operated on public roadways. The CHP is not aware of any significant violation of Section 27200 VC by vehicle manufacturers or dealers.
Q8: What are the noise levels specified in Sections 23130 and 23130.5 VC and how can they be enforced?
Sections 23130 and 23130.5 VC specify noise standards for vehicles operating on the highway (in-use vehicles), and are intended for use in actual traffic conditions. The limits of Section 23130 apply under all conditions of grade, load, acceleration and deceleration. The lower limits of Section 23130.5 apply only to relatively level roadways and under conditions of relatively constant speed. They specifically do not apply to areas of congested traffic that require noticeable acceleration or deceleration, or within 200 feet of an official traffic control device or change in grade. Although these sections were intended for use in actual traffic conditions, the complexities of noise testing require the testing be conducted in a relatively large open area free of other vehicles and large sound-reflecting objects. This makes in-use vehicle noise testing in most developed areas impractical, where noise complaints are most likely to occur. The CHP does not currently provide either the instrumentation or training necessary to conduct vehicle noise testing. Enforcement using Section 27150 or 27151 VC is usually more appropriate and effective.
Q9: What is the exhaust noise test specified in 13 CCR? Can this be used for enforcement?
Sections 1030-1036, 13 CCR, were intended to be used by Licensed Muffler Certification Stations as a means of determining if an exhaust system met the requirements of the Muffler Certification Program (when those programs were operational). They specify testing procedures for motor vehicle exhaust noise alone (as opposed to total vehicle noise). This procedure specifies a limit of 95 dB(A) measured 20 inches from the exhaust pipe outlet with the engine operating in neutral, typically at a speed of 3000-5000 rpm. (For comparison, a modern rotary lawn mower with a 5-horsepower Briggs & Stratton engine typically emits approximately 93 dB(A) at the same distance at full speed under no load.) It applies only to passenger vehicles. It does not apply to motorcycles or to vehicles over 6000 pounds gross weight.
Q10: Can this test be used in enforcement?
Not readily. Although much simpler than the test methods specified in Sections 23130 and 23130.5 VC, this test method still requires some technical expertise and a means to determine both the speed (rpm) of the engine under test (tachometer) and the rpm at which maximum horsepower of the engine is developed (information which may not always be readily available), as well as a sound level meter. It is not intended for roadside noise testing. The CHP does not currently provide either the instrumentation or training necessary to conduct exhaust noise testing.This test is useful, however, for determining if an aftermarket or performance exhaust system complies with VC requirements. It should be noted that the 95 dB(A) level, because it is intended as a simple "go-no-go" type of test, may permit exhaust noise somewhat higher than those permitted under Sections 27201-27206 VC. An exhaust system that complies with the requirements of Section 1036(d)(1), 13 CCR, is deemed to comply with Sections 27150 and 27151 VC.
Q11: What happened to the Muffler Certification and the Licensed Muffler Certification Station Programs?
Funding for both programs was terminated in 1979. There are currently no Official Muffler Certification Stations, no listing of certified mufflers and no formal mechanism in place to conduct objective vehicle or exhaust noise testing.
Q12: Can local authorities enact or enforce more strict ordinances regarding vehicle noise?
No. Section 21 VC makes the VC applicable and uniform throughout the state, and prohibits local authorities from enacting or enforcing any ordinance on the matters covered by the VC unless expressly authorized to do so. In-use vehicle noise is addressed in Sections 23130 and 23130.5 VC. There is no provision in the VC that permits local authorities to adopt additional noise limitations. Consequently, citations issued under such ordinances are invalid.
Q13: Some aftermarket exhaust systems include documentation that the system has been tested and found to meet the requirements of Section 1036(d)(1), 13 CCR. Are those legal?
The CHP does not have the resources to independently verify manufacturer's claims, but is aware that some aftermarket exhaust systems do meet the noise levels specified in Section 1036(d)(1), 13 CCR. An officer may consider such documentation in evaluating an exhaust system for excessive noise, both during the issuance of a citation and when clearing a citation pursuant to Section 40610(b) VC.
Q14: What type of enforcement action should be taken against vehicles emitting excessive noise?
Providing none of the disqualifying conditions listed in Section 40610(b) are present, the use of the CHP 281, "Notice to Correct," or checking the Dismissable Violation "Yes" box on the CHP 215, "Notice to Appear (Arrest Citation)," would be appropriate for these violations.
* CHP Exhaust Noise Guidelines
* CHP Exhaust Noise Guidelines at a Glance
* Exhaust Noise Standard Guide
The California Highway Patrol (CHP), Commercial Vehicle Section (CVS), has received many inquiries about excessive noise emitted by passenger vehicles, light trucks and motorcycles. Enforcement personnel and the public have inquired regarding enforcement of the Vehicle Code (VC) sections pertaining to excessive noise emitted by these vehicles.
Excessive noise is primarily a nuisance issue rather than a safety concern, and determination of excessive noise is subjective. For this reason, enforcement personnel are to exercise sound professional judgment in making a determination of violation. The following guidelines and attached question and answer sheet (Attachment A) provide guidance to enforcement personnel regarding appropriate enforcement procedures.
Enforcement Guidelines
The only drivers who should be cited are those whose vehicles:
1. Are not equipped with a muffler;
2. Clearly emit an offensive, harsh, excessive noise, or;
3. Have a clearly defective exhaust system (holes, leaks, etc.).
Clearing Citations
When clearing excessive noise citations issued by the CHP or allied agencies, personnel are to consider exhaust systems in compliance if they incorporate a reasonably effective muffler, do not emit an offensive, harsh, excessive noise, and appear to be in good repair.
ATTACHMENT A
Q1: Doesn't the VC require a muffler on every vehicle?
Yes. Section 27150 VC requires that every motor vehicle subject to registration be equipped with an adequate muffler. There are no exceptions — all vehicles must be equipped with a muffler, as defined in Section 425 VC. A turbocharger is not considered a muffler.
Q2: Aren't all exhaust system modifications prohibited?
No. Section 27151 VC prohibits the modification of the exhaust system to amplify or increase the noise emitted by the vehicle, making the vehicle not in compliance with Section 27150 VC or exceeding the noise limits established in Sections 27201-27206 VC. Section 27151 VC does not prohibit all modifications to an exhaust system. It also does not prohibit all modifications that increase the noise level of the exhaust system over that of the original, factory-installed exhaust system (as it did until 1980). It only prohibits modifications that result in a noise level higher than those specified in Sections 27201-27206 VC. Accurately determining compliance with Sections 27201-27206 VC for enforcement purposes is generally impractical. Enforcement personnel must make an informed professional evaluation to determine if excessive noise statutes are being violated.
Q3: Do I have to actually listen to a vehicle to cite it for a violation of either Section 27150 or 27151?
Yes. Drivers of vehicles should not be cited for violation of either Section 27150 or 27151 VC unless the officer has personally listened to the vehicle in operation. This can be either under actual driving conditions or with the vehicle stationary and the engine running. Even if the officer has inspected the exhaust system and does not see a muffler present, the officer should listen to the vehicle. The purpose of this is to be sure that the exhaust system does not incorporate internally baffled pipes or other components that meet the definition of a muffler. There are no specifications which state required configurations or minimum dimensions for mufflers. A vehicle that does not visually appear to be equipped with a muffler, but does not emit excessive noise, should be deemed to comply with Sections 27150 and 27151 VC.
Q4: Does an aftermarket, replacement or modified tailpipe or muffler tip constitute a violation of Section 27151 VC?
No. Section 27151 VC prohibits the modification of exhaust systems to amplify or increase noise. The officer would have to establish that the modification increased the noise emitted by the vehicle by listening to the exhaust. In general, exhaust system piping, tubing, fittings, cosmetic tips or other passive devices placed behind the muffler have minimal impact on exhaust system sound levels.
Q5: Since Section 27150 requires that the muffler prevent excessive and unusual noise, can the driver of a vehicle be cited for violation of Section 27150 if it emits a sound different than the original factory installed muffler?
The prohibition against unusual noise refers to noises that are unusual for motor vehicles. Noise that may be unusual for a particular make or model of vehicle, but which is not necessarily unusual for other motor vehicles, should not be considered in violation, provided the noise is not excessive.
Q6: Aren't all modified exhaust systems unlawful under pollution control laws?
No.Current pollution control laws regarding aftermarket exhaust systems are quite complex, but do permit the installation of a variety of aftermarket and "exempt" systems. Due to the complexity of modern pollution control systems and the laws governing them, the CHP does not provide technical training in this area. Enforcement of pollution control laws is the responsibility of the Bureau of Automotive Repair through the "Smog Check" program.
Q7: What are the noise levels specified in Sections 27201-27206 VC? Can these be used to cite loud vehicles?
No. Section 27200 VC prohibits the sale of new motor vehicles that exceed the noise limits specified in these Sections. The specified noise limits (80 dB(A) (decibels) for all new cars, pickup trucks, vans and motorcycles apply only to new motor vehicles, under full throttle acceleration tests, measured 50 feet from the test vehicle, as specified in Sections 1040-1044, 1046 and 1047, Title 13, California Code of Regulations (13 CCR). These noise levels and the specified test methods apply to manufacturers and new car dealers only, for new vehicle certification purposes, and may not be used for enforcement purposes against vehicles being operated on public roadways. The CHP is not aware of any significant violation of Section 27200 VC by vehicle manufacturers or dealers.
Q8: What are the noise levels specified in Sections 23130 and 23130.5 VC and how can they be enforced?
Sections 23130 and 23130.5 VC specify noise standards for vehicles operating on the highway (in-use vehicles), and are intended for use in actual traffic conditions. The limits of Section 23130 apply under all conditions of grade, load, acceleration and deceleration. The lower limits of Section 23130.5 apply only to relatively level roadways and under conditions of relatively constant speed. They specifically do not apply to areas of congested traffic that require noticeable acceleration or deceleration, or within 200 feet of an official traffic control device or change in grade. Although these sections were intended for use in actual traffic conditions, the complexities of noise testing require the testing be conducted in a relatively large open area free of other vehicles and large sound-reflecting objects. This makes in-use vehicle noise testing in most developed areas impractical, where noise complaints are most likely to occur. The CHP does not currently provide either the instrumentation or training necessary to conduct vehicle noise testing. Enforcement using Section 27150 or 27151 VC is usually more appropriate and effective.
Q9: What is the exhaust noise test specified in 13 CCR? Can this be used for enforcement?
Sections 1030-1036, 13 CCR, were intended to be used by Licensed Muffler Certification Stations as a means of determining if an exhaust system met the requirements of the Muffler Certification Program (when those programs were operational). They specify testing procedures for motor vehicle exhaust noise alone (as opposed to total vehicle noise). This procedure specifies a limit of 95 dB(A) measured 20 inches from the exhaust pipe outlet with the engine operating in neutral, typically at a speed of 3000-5000 rpm. (For comparison, a modern rotary lawn mower with a 5-horsepower Briggs & Stratton engine typically emits approximately 93 dB(A) at the same distance at full speed under no load.) It applies only to passenger vehicles. It does not apply to motorcycles or to vehicles over 6000 pounds gross weight.
Q10: Can this test be used in enforcement?
Not readily. Although much simpler than the test methods specified in Sections 23130 and 23130.5 VC, this test method still requires some technical expertise and a means to determine both the speed (rpm) of the engine under test (tachometer) and the rpm at which maximum horsepower of the engine is developed (information which may not always be readily available), as well as a sound level meter. It is not intended for roadside noise testing. The CHP does not currently provide either the instrumentation or training necessary to conduct exhaust noise testing.This test is useful, however, for determining if an aftermarket or performance exhaust system complies with VC requirements. It should be noted that the 95 dB(A) level, because it is intended as a simple "go-no-go" type of test, may permit exhaust noise somewhat higher than those permitted under Sections 27201-27206 VC. An exhaust system that complies with the requirements of Section 1036(d)(1), 13 CCR, is deemed to comply with Sections 27150 and 27151 VC.
Q11: What happened to the Muffler Certification and the Licensed Muffler Certification Station Programs?
Funding for both programs was terminated in 1979. There are currently no Official Muffler Certification Stations, no listing of certified mufflers and no formal mechanism in place to conduct objective vehicle or exhaust noise testing.
Q12: Can local authorities enact or enforce more strict ordinances regarding vehicle noise?
No. Section 21 VC makes the VC applicable and uniform throughout the state, and prohibits local authorities from enacting or enforcing any ordinance on the matters covered by the VC unless expressly authorized to do so. In-use vehicle noise is addressed in Sections 23130 and 23130.5 VC. There is no provision in the VC that permits local authorities to adopt additional noise limitations. Consequently, citations issued under such ordinances are invalid.
Q13: Some aftermarket exhaust systems include documentation that the system has been tested and found to meet the requirements of Section 1036(d)(1), 13 CCR. Are those legal?
The CHP does not have the resources to independently verify manufacturer's claims, but is aware that some aftermarket exhaust systems do meet the noise levels specified in Section 1036(d)(1), 13 CCR. An officer may consider such documentation in evaluating an exhaust system for excessive noise, both during the issuance of a citation and when clearing a citation pursuant to Section 40610(b) VC.
Q14: What type of enforcement action should be taken against vehicles emitting excessive noise?
Providing none of the disqualifying conditions listed in Section 40610(b) are present, the use of the CHP 281, "Notice to Correct," or checking the Dismissable Violation "Yes" box on the CHP 215, "Notice to Appear (Arrest Citation)," would be appropriate for these violations.
* CHP Exhaust Noise Guidelines
* CHP Exhaust Noise Guidelines at a Glance
* Exhaust Noise Standard Guide
Know your rights!
Member
Joined: Jan 2005
Posts: 21
Well that fits, TJ I drive through that area everyday. About 3 weeks ago I was going down Floranada going from Dixie to Federal. I got to around 16th and the cop shined that bright ___ light right through my head it felt like. As I passed he turned the light off. I was waiting for the lights but to my surprise, nothing. I also have a friend who works for B.S.O. and he said he was doing some "light" test because of the tint on my Xb!
But a few months ago I was speeding down Dixie from Atlantic, BSO pulled me over, I only had the car a month. Started giving me a hard time because my registration still had my Firebird on it. He said Oh so you go from a big block to the souped up weedwacker.....I told him that a weedwacker has more horses in it! That broke the ice and he realized with my 4 yr old in the back that this was a "family car" not a racer....Anyway he thought the Xb looked cool like something out of an Arnold Schwartzenager film, and he told me to slow down and enjoy the new car!
Glad the Bible was a Bible and not a steel copy of "Cop Killer"!
Cheers!
But a few months ago I was speeding down Dixie from Atlantic, BSO pulled me over, I only had the car a month. Started giving me a hard time because my registration still had my Firebird on it. He said Oh so you go from a big block to the souped up weedwacker.....I told him that a weedwacker has more horses in it! That broke the ice and he realized with my 4 yr old in the back that this was a "family car" not a racer....Anyway he thought the Xb looked cool like something out of an Arnold Schwartzenager film, and he told me to slow down and enjoy the new car!
Glad the Bible was a Bible and not a steel copy of "Cop Killer"!
Cheers!
Senior Member
SL Member
Joined: Mar 2005
Posts: 140
From: Birmingham, AL
My position is that the cop was doing his job. There was a logical reason to pull you over because of the noise level due to the other car... it probably DID sound like a race. I suspect he had no intention of citing you since he didn't actually see anything going on and his intent was probably to make you aware of your chances of getting stopped.
However, the fact that he turned up a preacher with a "posse" and armed with a bible is hugely funny.
However, the fact that he turned up a preacher with a "posse" and armed with a bible is hugely funny.
Senior Member
SL Member
Scinergy
Joined: Apr 2005
Posts: 374
From: Acworth, GA
just yester day i was driving to one of my freinds house about 2 in the afternoon and a cop pulled out be hind me from no where and generally i it take cut throughs through different neighborhoods to avoid traffic soi just continued going on not thinking about it and well i turn into the first neighbor hood and he turns in behind me second neighbor hood still behind me and he runs a stop sign well when i turn on to wade green rd. Oh and by the way oh and by the way iwas doing about 20mphs and both the neighbor hodds speed limits are 25 but i was going slow cause it was the first saturday out of school a nd all of the little kids were all out side playingg in the sprinklers and such. so he falls off a bit because of traffic whemn i turn on wade green well 2 lights later he is right on my ___. So then i turn into my buddys neighbor hood and he turns into the neighbor hood so then i pull into my buddys driveway and he goes down trhe street about 15 -20 ft. and parks thinking i couldnt see him because ther is a giant privacy hedge at the top of my freinds drive way . and the about 2 mins. later he leaves so talk about scary
