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2019 CA Exhaust Noise Law Change | CA AB 1824 | Q&A

14K views 34 replies 14 participants last post by  BlueStreak  
#1 · (Edited)
A new law went into effect on 01-Jan-2019 in California that has a large number of vehicle owners upset. California Assembly Bill (AB) 1824 (Section 4) modified vehicle code (VC) section 40610 so that citations issued for VC 27150(a) / VC 27151(a) are no longer simple "fix-it" tickets. Those citations now carry a fine/penalty that you can either pay or you can attempt to fight the citation by having your vehicle inspected by the state referee (if your vehicle's GVWR is under 6000 lbs).

The reason I'm posting this on the SSR site is because the SSR's GVWR (gross vehicle weight rating) is 6050 lbs (not the curb weight which is in the 4800 lb range). VC sections 27150/27151 have statements of what the maximum decibel rating is for most vehicles which is 95 dbA, but that's only for vehicles with a GVWR under 6000 lbs. If you dig deeper into the VC, you'll find that section 27200/27204 specify the maximum dbA rating for vehicles with a GVWR rating between 6000 and under 8500 manufactured after 1977 have a maximum rating of only 80 dbA, not the 95 dbA rating that most news reports / videos are talking about.

The noise level limits were not changed by CA AB 1824, only the manner in which the citation is handled (fix-it => fees / court).

I've been doing a lot of research over the past few weeks and I've created some videos on my YouTube channel after speaking with the Society of Automotive Engineers (SAE) and the California Bureau of Automotive Repair (BAR).

SAE created the exhaust system noise level testing standards referenced by the CA vehicle code (SAE J1169 - but this was canceled in 2007) and the state referee that performs the noise level test uses SAE document J1492. Those are copyrighted documents that I've purchased copies of for my own private use. I cannot state what is in those documents - (you can purchase the rights to use those documents in certain situations - One year posting on the internet was $1503).

The fact that the SSR GVWR is in excess of 6000 lbs (6050 lbs - check it on your door label on the driver's door) means a lot of the hype related to this issue doesn't directly apply to the SSR.

Vehicles with a GVWR of 6000 lbs and higher (like the SSR), must contact the issuing agency and/or the court to see what the proper solution to the citation is since the VC sections, SAE testing standards and state referee test are all geared to vehicles with a GVWR rating of less than 6000 lbs.

In the description section of the video, there are a large number of links to the various data sources uses to create the video. I have a couple other videos I created on this topic as well (one showing an example noise level test on my Chevy SS sedan).

I hope this video helps explain the situation for us vehicle owners in the state of California.


Links to AB 1824 related articles / websites:

CA Vehicle Code 40610
CA Vehicle Code 27150
CA Vehicle Code 27151
CA Vehicle Code Article 2.5 Noise Limits 27200 - 27207

SAE J1492 Oct 2008
SAE J1169 May 1998

California Bureau of Automotive Repair (BAR) - Vehicle Exhaust Noise Level Certification
AsktheRef.org - Citations and Violations

California Code of Regulations 1036 - Passenger Cars and Light Trucks and Buses

CA Uniform Bail and Penalty Schedules - 2019 Edition

SEMA Org - Fact vs. Fiction: Explaining California’s New Exhaust Noise Law
Jalopnik - Why People Are Suddenly Freaking Out Over California's Exhaust Laws: Explained

 
#4 · (Edited)
VC 27204 applies to the SSR due to the SSR having a GVWR of 6050 lbs.

Per VC 27151(a)/27200/27204, that means a maximum dbA rating of 80 for the SSR, not 95 dbA.

A 2005 Pontiac GTO with a LS2 6.0L engine in it would have a maximum allowed noise level of 95 dbA, but a 2005/2006 SSR with a LS2 6.0L engine would have a maximum allowed noise level of 80 dbA.

I've mentioned how ridiculous that situation is when conversing with the CA Bureau of Automotive Repair (BAR). I asked the CA BAR rep if my reading of the VC was mistaken when it comes to vehicles with a GVWR over 6000 lbs and he did not disagree with my logic / reading of the VC.

If you look at the section of the video that talks about the CCR 1036, it defines a general approach the CHP might use to test a vehicle exhaust noise level. The placement of the decibel meter in that publicly available document is 20" away from the exhaust tip at a 45 degree angle at the same height as the exhaust tip (but no closer than 8 inches from the ground). There are pictures from CCR 1036 in the video showing how that document defines its test setup.

I cannot state what's in the SAE J1492 document used by the state referee to perform a noise level test, one because it's a copyrighted document and two it applies to vehicles with a GVWR under 6000 lbs.
 
#10 ·
I might be able to run an exhaust noise level test tomorrow to see what my "stock" 2004 5.3L produces.

I purchased a decibel meter a few weeks ago to film the first video on this topic using my Chevy SS Sedan. I ran my own test using the CCR 1036 positioning of the decibel meter but not necessarily to the RPM standard used by the state referee or even in CCR 1036.

That's been one of the more confusing items during my research of this topic. Engine RPM test specifications in CCR 1036, SAE J1169 and SAE J1492 all define a different RPM the engine should be run at during the test. :banghead
 
#7 ·
That is another reason I enjoyed California in my rear view mirror when I left in 1975. You could see the hand writing on the wall even back then.
 
#11 ·
The other thing to keep in mind is that the CA AB 1824 law change only changed the penalty for receiving a citation for 27150(a) or 27151(a) not the noise limits.

The dbA noise limits have been this way for a very long time.

Under 6000 lbs GVWR - last changed 2003.
Between 6000 lbs and less than 8500 lbs - VC 27204 last changed 1985.
 
#15 · (Edited)
A new law went into effect on 01-Jan-2019 in California that has a large number of vehicle owners upset. California Assembly Bill (AB) 1824 (Section 4) modified vehicle code (VC) section 40610 so that citations issued for VC 27150(a) / VC 27151(a) are no longer simple "fix-it" tickets. Those citations now carry a fine/penalty that you can either pay or you can attempt to fight the citation by having your vehicle inspected by the state referee (if your vehicle's GVWR is under 6000 lbs).

The reason I'm posting this on the SSR site is because the SSR's GVWR (gross vehicle weight rating) is 6050 lbs (not the curb weight which is in the 4800 lb range). VC sections 27150/27151 have statements of what the maximum decibel rating is for most vehicles which is 95 dbA, but that's only for vehicles with a GVWR under 6000 lbs. If you dig deeper into the VC, you'll find that section 27200/27204 specify the maximum dbA rating for vehicles with a GVWR rating between 6000 and under 8500 manufactured after 1977 have a maximum rating of only 80 dbA, not the 95 dbA rating that most news reports / videos are talking about.

The noise level limits were not changed by CA AB 1824, only the manner in which the citation is handled (fix-it => fees / court).

A more careful reading of your statement above, without checking it's lb vhicles. would indicate that the change only affects the portions of the code which cover the < 6000 lb vehicles and not the > 6000 vehicles so the change is in our favor because we are exempt from the fine/penalty and remain as a Fix-it because the section 27200/27204 are not mentioned in the Assembly Bill. (Not a legal opinion) I think we are safe.
 
#17 ·
A more careful reading of your statement above, without checking it's lb vhicles. would indicate that the change only affects the portions of the code which cover the < 6000 lb vehicles and not the > 6000 vehicles so the change is in our favor because we are exempt from the fine/penalty and remain as a Fix-it because the section 27200/27204 are not mentioned in the Assembly Bill. (Not a legal opinion) I think we are safe.
Not exactly...

CA AB 1824 modified VC 40610 to include a 4th item in 40610(b):


(4) The violation cited is a subdivision (a) of Section 27150 or of subdivision (a) of Section 27151.


The change to 40610 is what converted 27150(a)/27151(a) tickets from fix-it tickets to ones that have a fine/bail and are handled by a court.

VC 27150/27151:


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.


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.​


27151(a) makes the reference to 27200 which is modified by 27204 with the dbA limits mentioned for motor vehicles with GVWR higher than 6000 lbs.

The 95 dbA limit is defined in 27151(b) but it only applies to motor vehicles with GVWR less than 6000 lbs. The testing procedure by the CA Bureau of Automotive Repair (BAR) state referee is only in place for vehicles with a GVWR of less than 6000 lbs as well.

That's why I state in the video that if you receive a 27150(a) or 27151(a) citation, you need to check with the issuing agency and/or the court to understand how to successfully resolve the issue / citation. The CA BAR also makes a similar statement on their website page.


Note: The Referee is only authorized to inspect and certify passenger cars and trucks under 6,000 GVWR that have been cited for a violation of Section 27150 or 27151 of the Vehicle Code. The maximum decibel level applies only to those vehicles. Citations issued to other vehicles (motorcycles, trucks exceeding 5999 pounds GVWR) are not part of this program. Check with the agency that issued the citation, and/or the court, to find out how to show proof of correction for these other vehicles.​


The "this program" reference in the CA BAR website statement refers to the state referee testing program.
 
#16 ·
That is why a stock SSR performs so poorly from the factory. GM had to make them compliant in all 50 states so they were all initially tuned for smog and sound for California. Once folks in other states Changed the exhaust and tuning they gained about 50 horsepower and performed as intended. That also is why any of the SSR's that have been modified won't pass in California now unless they are put back to California specs. Something to think about when buying one especially if it has headers or straight pipes.
 
#19 ·
The change by CA AB 1824 only deals with the noise aspect of an exhaust system not the emissions compliance of the exhaust system. That's why VC 27150(a) prohibits "cutout, bypass, or similar device" modifications since those modifications are meant to circumvent the vehicle's muffler(s) which will increase its noise level.

If you modify an exhaust system with items that are not C.A.R.B. (CA Air Resources Board) compliant (issued an "Execute Order") which means the changed item(s) likely violate some sort of emissions related vehicle code, that's a whole other issue/problem.
 
#21 ·
I guess that means that everyone in CAL will have to change back to stock exhaust systems!!!!!

Does this mean that there will be a lot of custom exhaust systems for trade for stock systems for California SSRs?????

What a bonanza for the rest of the country to get great exhaust systems for their stock ones.
 
#23 ·
Another good reason to move. OR. I saw in our news paper several weeks ago that there is an outfit in South Dakota that you can get a Post Office Box and then register your vehicles here. Motor Home folks are doing it I guess and have been doing it for years. Supposedly you can do the whole thing by mail as we do not have any on site or visible inspections. Sounds crazy but they were kind of bragging about all the revenue it generates for our state.
 
#22 ·
Another thought that crossed my "mind" is that our exhausts are usually modified to "enhance" the low rumble or our big V8s and the target may be those "screaming" 4 cylinders or other small displacement engines, so the dbA weighting may work to our advantage. Fingers crossed!
 
#25 ·
For vehicles with a GVWR under 6000 lbs, there is a clearly defined way to dispute citation or correct the violation and get proof of correction by the state referee running the SAE J1492 exhaust noise level test and if it passes that test a certificate of compliance is issued by the referee that you take to the court to show that it did comply or now does comply.

The undefined area is for vehicles with a GVWR of 6000 lbs and over. There's no clearly defined resolution path for those vehicles. The SSR just happens to have a GVWR of 6050 lbs.
 
#26 ·
My noise level tests of 2004 SSR with "stock" exhaust

I ran the test(s) as defined in the various testing documents CCR 1036, SAE J1169 and SAE J1492.

The 2004 SSR that I test has a stock exhaust other than some aftermarket exhaust tips.

That 2004 SSR produced noise levels in the 92.7 to 94.8 dbA range (assuming the decibel meter is accurate) for the various RPM levels defined in the three different testing procedures.

Needless to say I have a call into the CA Bureau of Automotive Repair (BAR) media rep that I've been speaking with to get further guidance on this situation.
 
#27 ·
I called the local CHP office and I asked the question about vehicles with a GVWR of 6000 lbs and higher. The officer stated that was a very interesting question and he did not have the answer.

I've sent him an email with my questions and if he cannot answer it locally, he'll forward my question to the central CHP office.

He did say that no CHP officer will have any testing equipment with them to perform any type of noise test in the field (that makes sense). The officer would have to strongly believe that your vehicle exceeds the noise level limit for that vehicle type for them to issue a VC 27150(a) or VC 27151(a) citation.

Now, just to pin down 1000% for sure which VC sections apply (if not what I've already put into my videos).

:crazy
 
#29 ·
Response from CHP

I received a response from my inquiry to the CHP about exhaust noise limits for vehicles with GVWR of 6000 lbs and higher (like the SSR).

1) GM self certifies the any new vehicle that is sold into CA as a new vehicle stating it complies with the vehicle code.

2) According to the CHP, I'm correctly interpreting the vehicle code regarding noise limits for vehicles with a GVWR of 6000 lbs and higher.

VC 27151(b) does not apply to vehicles with a GVWR of 6000 lbs and higher which means the exhaust noise limit stated in 27151(b) of 95 dbA is not applicable to that type of vehicle.

VC 27151(a) refers to Article 2.5 (commencing with Section 27200) and 27200 and then 27204 defines the dbA noise limits for a vehicle with a GVWR over 6000 but not over 8500 lbs and a manufacture date after 1977 as 80 dbA.

3) The state referee cannot perform an exhaust noise level test on a vehicle with a GVWR of 6000 lbs and higher

4) My unofficial testing of a 2004 SSR with a stock exhaust system using the testing procedures outlined in document SAE J1492 (used by the state referee) shows a noise level maximum above 80 dbA but not above the 95 dbA limit for vehicles with a GVWR of less than 6000 lbs.

5) There's no way to know for sure that the SSR truly complied with the 80 dbA when first sold as a new vehicle since we don't have exhaust noise level test results from that point in time.

6) According to the CHP, it's extremely unlikely a SSR would be pulled over for just an exhaust system noise issue, unless the exhaust system is somehow broken and producing a lot of excess noise due to it being "broken" in some way.

---

On 05-Feb-2019, CA AB 390 was introduced which would rollback the changes made to VC 40610 by CA AB 1824 section 4. This would make exhaust system noise citations "fix-it" tickets once again. AB 390 can be heard by its committee starting on 08-Mar-2019 (after a mandatory 30 waiting period).

I created a new video on AB 390 yesterday. I also discuss the GVWR 6000 questions I had (before the CHP response) in the video as well.

 
#31 ·
Good news on the repeal of the changes made by CA AB-1824 to the CA vehicle code regarding exhaust system citations.

CA AB-390 was to be the bill that repealed the changes made by AB-1824, but that stalled in the CA assembly.

CA senate bill (SB) 112 has three sections to address issues related to exhaust system citations. Check out my YouTube video to get more info.

 
#34 ·
If you operate a motor vehicle in CA (or any other state) you're to comply with that state's vehicle code/laws. It's up to the officer to decide whether it's worth it to issue a citation for a vehicle code violation. Speeding tickets being one example of a situation where it's easy to "prove" and go after the money from the driver.

Many think CA changed the sound limits for exhaust systems with the change in the vehicle code in 2019. It was only a change in how pre-existing/defined vehicle code violations are handled. The 95 dbA limit for vehicles with a GVWR under 6000 lbs has been 95 dbA since 2003.