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Sam Memmolo

click here for Aug 2003 update

Legislation to Provide For Exhaust Noise Testing Program in California
 
Goes to Governor for Approval
 
Sept 2002 update Testing Program Becomes LAW 

SEMA-sponsored legislation (S.B. 1420) to provide for a vehicle exhaust noise-testing program has been sent to California Governor Gray Davis for his signature.  If signed by the Governor, the bill will become law.  The bill authorizes Smog Check referee stations to issue certificates of compliance for vehicles when tests of their exhaust systems demonstrate that the systems emit no more than 95-decibels under SAE test procedure J1169.  The bill also allows courts to dismiss citations for compliant exhaust systems. 

Please Contact Gov. Davis Immediately Requesting

That He Support S.B. 1420

bulletS.B. 1420 would force compliance with an objectively measured standard.  Under the standard, exhaust noise could not exceed a sound reading of 95-decibels in a fair and predictable test.
 
bulletS.B. 1420 would benefit consumers, the aftermarket industry and police officers who are charged with enforcing the law.
 
bulletS.B. 1420 would provide motorists who drive vehicles legally equipped with modified exhaust systems the ability to prove that they comply with the law.  Overwhelming evidence shows that many of these citations are being written in absence of any violation of the code.
 
bulletS.B. 1420 would help remedy the enforcement policy currently used by police officers in which exhaust noise citations are prosecuted solely based on the officer's subjective judgment.
 

Call or e-mail the Governor's Office immediately to support S.B. 1420.  
Governor Davis can be reached at:

Phone:  916 445 2841
Fax:    916 445 4633
E-mail: governor@governor.ca.gov

SEMA BILL TO CREATE
CALIFORNIA EXHAUST NOISE TESTING
PROGRAM BECOMES LAW

link here for the original bill info

WASHINGTON (Sept. 19, 2002) - Thanks to a new SEMA-sponsored law, California automobile hobbyists are now better equipped to fight unfair exhaust noise citations issued by state law enforcement officers. Legislation recently signed into law by Governor Gray Davis to provide for a statewide exhaust noise testing program will allow motorists to prove they comply with state noise standards.

The new law requires smog check stations that provide referee functions to perform the test. These referee stations will issue certificates of compliance for vehicles when tests of their exhaust systems demonstrate that they emit no more than 95-decibels, under Society of Automotive Engineers (SAE) test procedure J1169. Only those vehicles that have received a citation for an exhaust noise violation will be permitted to submit their vehicle for the test.

The law also allows courts to dismiss citations for exhaust systems that have been tested and for which a certificate of compliance has been issued. Fees charged to motorists for the certificates of compliance will pay for the testing program.

"The new law forces compliance with an objectively measured standard in a fair and predictable test. Through this procedure, motorists who drive vehicles legally equipped with modified exhaust systems can confirm that they comply with California's exhaust noise standards," said SEMA Director of Government Affairs Steve McDonald. "For years, the enforcement policy used by police officers deemed nearly all exhaust system modifications illegal, even where the noise levels were not excessive or unusual. That policy left exhaust system manufacturers, dealers and their customers without recourse."

Last year, Governor Davis signed into law another SEMA-sponsored bill to compel law enforcement officials to tie exhaust system noise citations to the 95-decibel limit and to make clear that aftermarket modified exhaust systems are legal if they comply with the standard. However, exhaust noise citations were still primarily prosecuted solely based on the officer's subjective judgment. The new law should go far toward improving motorists' odds of beating the ticket in court.

"Motorists who modify their vehicles for durability, appearance and performance prefer aftermarket exhaust systems," McDonald added. "By establishing this evenhanded testing process, this law will serve to benefit consumers who favor these state-of-the-art products, the aftermarket industry which markets them and even police officers who are charged with enforcing the law."

SEMA, the Specialty Equipment Market Association, represents the $26 billion specialty automotive industry. The trade association has approximately 4,500 member companies. It is the authoritative source of research data, trends and market growth information for automakers and the specialty auto products industry. The industry provides appearance, performance, comfort, convenience and technology products for passenger cars, minivans, trucks, SUVs and recreational vehicles.

For more information, contact
SEMA
1575 S. Valley Vista Dr.
Diamond Bar, CA.  91765-3914
call 909 396 0289 or
visit
http://www.sema.org  or  http://www.enjoythedrive.com

California EXHAUST NOISE TESTING PROGRAM Open for Business

WASHINGTON (August 22, 2003) -- The California Bureau of Automotive Repair (BAR) announced that it has begun operation of the state's motor vehicle exhaust noise testing program. The program, the product of a SEMA-sponsored law, will equip California automobile hobbyists to fight unfair exhaust noise citations issued by state law enforcement officers.

Motorists can now prove their vehicles comply with state noise standards.

The law also allows courts to dismiss citations for exhaust systems that have been tested and for which a certificate of compliance has been issued.

Under the program, approximately 40 Smog Check stations that provide referee functions are performing the test. These referee stations, located across the state, will issue certificates of compliance for vehicles when tests of their exhaust systems demonstrate that they emit no more than 95 decibels, under Society of Automotive Engineers (SAE) test procedure J1169 (May 1998). However, only those vehicles that have received a citation for an exhaust noise violation will be permitted to submit their vehicle for the test.

Later this year, BAR will issue a regulation to provide for the cost to consumers for performing the test. Tests performed prior to the official establishment of the testing fee will be performed at no cost to consumers.

According to BAR officials, to have a cited vehicle tested at a state referee center, motorists must make an appointment by calling the Referee Scheduling Center at 800/622-7733. Cited motorists should have the citation and vehicle registration available when calling.

"The new law forces compliance with an objectively measured standard in a fair and predictable test. Through this procedure, cited motorists who drive vehicles legally equipped with modified exhaust systems can confirm that those vehicles comply with California's exhaust noise standards," said SEMA Senior Director of Government Affairs Steve McDonald. "For years, the enforcement policy used by police officers deemed nearly all exhaust system modifications illegal, even where the noise levels were not excessive or unusual. That policy left exhaust system manufacturers, dealers and their customers without recourse."

"Motorists who modify their vehicles for durability, appearance and performance prefer aftermarket exhaust systems," McDonald added. "By establishing this evenhanded testing process, this program should serve to benefit consumers who favor these state-of-the-art products, the aftermarket industry which markets them, and even police officers who are charged with enforcing the law."

SEMA, the Specialty Equipment Market Association, represents the $27 billion specialty automotive industry. Founded in 1963, the trade association has 5,222 member companies. It is the authoritative source of research data, trends and market growth information for automakers and the specialty auto products industry. The industry provides appearance, performance, comfort, convenience and technology products for passenger cars, minivans, trucks, SUVs and recreational vehicles.

For more information, contact
SEMA, 1575 S. Valley Vista Dr., Diamond Bar, CA, 91765-3914
or
call 909 396 0289
or
visit www.sema.org  or  www.enjoythedrive.com

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