Article 2. Exhaust Systems | California Vehicle Code >> Division 12. >> Chapter 5. > (2024)

Taxonomy: CaliforniaVehicle CodeDivision 12.Chapter 5.Article 2.

(a) Every motor vehicle subject to registration shall at alltimes be equipped with an adequate muffler in constant operation andproperly maintained to prevent any excessive or unusual noise, andno muffler or exhaust system shall be equipped with a cutout, bypass,or similar device.
(b) Except as provided in Division 16.5 (commencing with Section38000) with respect to off-highway motor vehicles subject toidentification, every passenger vehicle operated off the highwaysshall at all times be equipped with an adequate muffler in constantoperation and properly maintained so as to meet the requirements ofArticle 2.5 (commencing with Section 27200), and no muffler orexhaust system shall be equipped with a cutout, bypass, or similardevice.
(c) The provisions of subdivision (b) shall not be applicable topassenger vehicles being operated off the highways in an organizedracing or competitive event conducted under the auspices of arecognized sanctioning body or by permit issued by the localgovernmental authority having jurisdiction.

No person engaged in a business that involves the sellingof motor vehicle exhaust systems, or parts thereof, including, butnot limited to, mufflers, shall offer for sale, sell, or install, amotor vehicle exhaust system, or part thereof, including, but notlimited to, a muffler, unless it meets the regulations and standardsapplicable pursuant to this article. Motor vehicle exhaust systems orparts thereof include, but are not limited to, nonoriginal exhaustequipment. A violation of this section is a misdemeanor.

(a) Stations providing referee functions pursuant toSection 44036 of the Health and Safety Code shall provide for thetesting of vehicular exhaust systems and the issuance of certificatesof compliance only for those vehicles that have received a citationfor a violation of Section 27150 or 27151.
(b) A certificate of compliance for a vehicular exhaust systemshall be issued pursuant to subdivision (a) if the vehicle complieswith Sections 27150 and 27151. Exhaust systems installed on motorvehicles, other than motorcycles, with a manufacturer's gross vehicleweight rating of less than 6,000 pounds comply with Sections 27150and 27151 if they emit no more than 95 dbA when tested in accordancewith Society of Automotive Engineers Standard J1169 May 1998.
(c) An exhaust system certificate of compliance issued pursuant tosubdivision (a) shall identify, to the extent possible, the make,model, year, license number, and vehicle identification number of thevehicle tested, and the make and model of the exhaust systeminstalled on the vehicle.
(d) The station shall charge a fee for the exhaust systemcertificate of compliance issued pursuant to subdivision (a). The feecharged shall be calculated to recover the costs incurred by theDepartment of Consumer Affairs to implement this section. The feescharged by the station shall be deposited in the Vehicle Inspectionand Repair Fund established by Section 44062 of the Health and SafetyCode.
(e) Vehicular exhaust systems are exempt from the requirements ofSections 27150 and 27151 if compliance with those sections, or theregulations adopted pursuant thereto, would cause an unreasonablehardship without resulting in a sufficient corresponding benefit withrespect to noise level control.

(a) A person may not modify the exhaust system of a motorvehicle with a whistle-tip.
(b) A person may not operate a motor vehicle if that vehicle'sexhaust system is modified in violation of subdivision (a).
(c) A person may not engage in the business of installing awhistle-tip onto a motor vehicle's exhaust system.
(d) For purposes of subdivisions (a) and (c), a "whistle-tip" is adevice that is applied to, or is a modification of, a motor vehicle's exhaust pipe for the sole purpose of creating a high-pitched orshrieking noise when the motor vehicle is operated.

Any person holding a retail seller's permit who sells orinstalls an exhaust system, or part thereof, including, but notlimited to, a muffler, in violation of Section 27150.1 or 27150.2 orthe regulations adopted pursuant thereto, shall thereafter berequired to install an exhaust system, or part thereof, including,but not limited to, a muffler, which is in compliance with suchregulations upon demand of the purchaser or registered owner of thevehicle concerned, or to reimburse the purchaser or registered ownerfor the expense of replacement and installation of an exhaust system,or part thereof, including, but not limited to, a muffler, which isin compliance, at the election of such purchaser or registered owner.

A court may dismiss any action in which a person isprosecuted for operating a vehicle in violation of Section 27150 or27151 if a certificate of compliance has been issued by a stationpursuant to Section 27150.2, or if the defendant had reasonablegrounds to believe that the exhaust system was in good working orderand had reasonable grounds to believe that the vehicle was notoperated in violation of Section 27150 or 27151.

(a) No person shall modify the exhaust system of a motorvehicle in a manner which will amplify or increase the noise emittedby the motor of the vehicle so that the vehicle is not in compliancewith the provisions of Section 27150 or exceeds the noise limitsestablished for the type of vehicle in Article 2.5 (commencing withSection 27200). No person shall operate a motor vehicle with anexhaust system so modified.
(b) For the purposes of exhaust systems installed on motorvehicles with a manufacturer's gross vehicle weight rating of lessthan 6,000 pounds, other than motorcycles, a sound level of 95 dbA orless, when tested in accordance with Society of Automotive EngineersStandard J1169 May 1998, complies with this section. Motor vehicleexhaust systems or parts thereof include, but are not limited to,nonoriginal exhaust equipment.

The exhaust gases from a motor vehicle shall not be directedto the side of the vehicle between 2 feet and 11 feet above theground.

No motor vehicle shall be operated in a manner resulting inthe escape of excessive smoke, flame, gas, oil, or fuel residue. The provisions of this section apply to motor vehicles of theUnited States or its agencies, to the extent authorized by federallaw.

(a) No motor vehicle first sold or registered as a newmotor vehicle on or after January 1, 1971, shall discharge into theatmosphere at elevation of less than 4,000 feet any air contaminantfor a period of more than 10 seconds which is:
(1) As dark or darker in shade as that designated as No. 1 on theRingelmann Chart, as published by the United States Bureau of Mines,or
(2) Of such opacity as to obscure an observer's view to a degreeequal to or greater than does smoke described in paragraph (1) ofthis subdivision.
(b) No motor vehicle first sold or registered prior to January 1,1971, shall discharge into the atmosphere at elevation of less than4,000 feet any air contaminant for a period of more than 10 secondswhich is:
(1) As dark or darker in shade than that designated as No. 2 onthe Ringelmann Chart, as published by the United States Bureau ofMines, or
(2) Of such opacity as to obscure an observer's view to a degreeequal to or greater than does smoke described in paragraph (1) ofthis subdivision.
(c) The provisions of this section apply to motor vehicles of theUnited States or its agencies, to the extent authorized by federallaw.

The cab of any motor vehicle shall be reasonably tightagainst the penetration of gases and fumes from the engine or exhaustsystem. The exhaust system, including the manifold, muffler, andexhaust pipes shall be so constructed as to be capable of beingmaintained and shall be maintained in a reasonably gastightcondition.

(a) The flooring in all motor vehicles shall besubstantially constructed, free of unnecessary holes and openings andshall be maintained so as to minimize the entrance of fumes, exhaustgases, or fire.
(b) Floors shall not be permeated with oil or other substanceslikely to cause injury to persons using the floor as a tractionsurface.

No motor vehicle shall be operated or parked upon anyhighway unless the filling spout for the fuel tank is closed by a capor cover of noncombustible material.

(a) No person shall operate or leave standing upon a highwaya motor vehicle that is a gross polluter, as defined in Section39032.5 of the Health and Safety Code.
(b) No person shall operate or leave standing upon a highway amotor vehicle that is required to be equipped with a motor vehiclepollution control device under Part 5 (commencing with Section 43000)of Division 26 of the Health and Safety Code or any other certifiedmotor vehicle pollution control device required by any other statelaw or any rule or regulation adopted pursuant to that law, orrequired to be equipped with a motor vehicle pollution control devicepursuant to the National Emission Standards Act (42 U.S.C. Secs.7521 to 7550, inclusive) and the standards and regulations adoptedpursuant to that federal act, unless the motor vehicle is equippedwith the required motor vehicle pollution control device that iscorrectly installed and in operating condition. No person shalldisconnect, modify, or alter any such required device.
(c) No person shall install, sell, offer for sale, or advertiseany device, apparatus, or mechanism intended for use with, or as apart of, a required motor vehicle pollution control device or systemthat alters or modifies the original design or performance of themotor vehicle pollution control device or system.
(d) If the court finds that a person has willfully violated thissection, the court shall impose the maximum fine that may be imposedin the case, and no part of the fine may be suspended.
(e) "Willfully," as used in this section, has the same meaning asthe meaning of that word prescribed in Section 7 of the Penal Code.
(f) No person shall operate a vehicle after notice by a trafficofficer that the vehicle is not equipped with the required certifiedmotor vehicle pollution control device correctly installed inoperating condition, except as may be necessary to return the vehicleto the residence or place of business of the owner or driver or to agarage, until the vehicle has been properly equipped with such adevice.
(g) The notice to appear issued or complaint filed for a violationof this section shall require that the person to whom the notice toappear is issued, or against whom the complaint is filed, produceproof of correction pursuant to Section 40150 or proof of exemptionpursuant to Section 4000.1 or 4000.2.
(h) This section shall not apply to an alteration, modification,or modifying device, apparatus, or mechanism found by resolution ofthe State Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of a required motor vehiclepollution control device.
(2) To result in emissions from the modified or altered vehiclethat are at levels that comply with existing state or federalstandards for that model-year of the vehicle being modified orconverted.
(i) Aftermarket and performance parts with valid State AirResources Board Executive Orders may be sold and installed concurrentwith a motorcycle's transfer to an ultimate purchaser.
(j) This section applies to motor vehicles of the United States orits agencies, to the extent authorized by federal law.

The installation, prior to January 1, 1974, of anauxiliary gasoline fuel tank for use on a 1973 or earlier model yearmotor vehicle, which vehicle is required, pursuant to Part 5(commencing with Section 43000) of Division 26 of the Health andSafety Code or the National Emission Standards Act (42 U.S.C., Secs.1857f-1 to 1857f-7, inclusive), to be equipped with a fuel systemevaporative loss control device, shall not be deemed a violation ofSection 27156 of this code. As used in this section, the term"auxiliary gasoline fuel tank," has the same meaning as defined insubdivision (b) of Section 43834 of the Health and Safety Code.

Notwithstanding any other provision of law, any publiclyowned authorized emergency vehicle operated by a peace officer, asdefined in Section 830 of the Penal Code, any authorized emergencyvehicle, as defined in Section 165 and used for fighting fires orresponding to emergency fire calls pursuant to paragraph (2) ofsubdivision (b) or pursuant to subdivision (c) or (d) of thatsection, and any publicly owned authorized emergency vehicle used byan emergency medical technician-paramedic, as defined in Section1797.84 of the Health and Safety Code, is exempt from requirementsimposed pursuant to California law and the regulations adoptedpursuant thereto for motor vehicle pollution control devices.

Notwithstanding any other provision of law, any motorvehicle of mosquito abatement, vector control, or pest abatementdistricts or agencies, any authorized emergency vehicle as defined inSection 165, except subdivision (f) thereof, and any ambulance usedby a private entity under contract with a public agency, is exemptfrom requirements imposed pursuant to California law and theregulations adopted pursuant thereto for motor vehicle pollutioncontrol devices.

The State Air Resources Board, after consultation with, andpursuant to the recommendations of, the commissioner, shall adoptsuch reasonable regulations as it determines are necessary for thepublic health and safety regarding the maximum allowable emissions ofpollutants from vehicles upon a highway. Such regulations shallapply only to vehicles required by Part 5 (commencing with Section43000) of Division 26 of the Health and Safety Code or any federallaw or regulation to be equipped with devices or systems to controlemission of pollutants from the exhaust and shall not be stricterthan the emission standards required of that model year motor vehiclewhen first manufactured.

The State Air Resources Board, after consultation with,and pursuant to the recommendations of, the commissioner, shall adoptsuch reasonable standards as it determines are necessary for thepublic health and safety for the emission of air pollutants from theexhaust of motor vehicles of 1955 through 1965 model years. Thesestandards shall be based on the normal emissions of such cars whenthe timing and carburetor are in proper adjustment and the sparkplugs are in proper operating condition.

After notice by a traffic officer that a vehicle does notcomply with any regulation adopted pursuant to Section 27157, noperson shall operate, and no owner shall permit the operation of,such vehicle for more than 30 days thereafter unless a certificate ofcompliance has been issued for such vehicle in accordance with theprovisions of Section 9889.18 of the Business and Professions Code orunless the department has checked the vehicle and determined thatthe vehicle has been made to comply with such regulation adoptedpursuant to Section 27157. A certificate of compliance issued forsuch vehicle shall, for a period of one year from date of issue,constitute proof of compliance with any regulations adopted pursuantto Section 27157 provided that no required pollution control devicehas been disconnected, modified, or altered or has been adjusted byother than a licensed installer in a licensed motor vehicle pollutioncontrol device installation and inspection station subsequent to theissuance of the certificate of compliance. The provisions of thissection shall apply to the United States and its agencies to theextent authorized by federal law.

After notice by a traffic officer that a motor vehicledoes not comply with any standard adopted pursuant to Section27157.5, no person shall operate, and no owner shall permit theoperation of, such motor vehicle for more than 30 days thereafterunless a certificate of compliance has been issued for such vehiclein accordance with the provisions of Section 9889.18 of the Businessand Professions Code or unless the department has checked the vehicleand determined that the vehicle has been made to comply with suchstandard adopted pursuant to Section 27157.5. A certificate ofcompliance issued for such vehicle shall, for a period of one yearfrom date of issue, constitute proof of compliance with the standardsdetermined pursuant to Section 27157.5.

Any uniformed member of the California Highway Patrol mayorder a vehicle stored when it is located within the territoriallimits in which the member may act if requested by a representativeof the State Air Resources Board to remove the vehicle from servicepursuant to subdivision (f) of Section 44011.6 of the Health andSafety Code. All towing and storage fees for a vehicle removed underthis section shall be paid by the owner.