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VEHICLE CODE

Division 12 Equipment of Vehicles

Chapter 5 Other Equipment

Article 2 Exhaust Systems

§ 27151. Modification of exhaust systems

(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.

Enacted Stats 1959 ch 3. Amended Stats 1971 ch 503 § 1; Stats 1980 ch 382 § 1. Amended Stats 2001 ch 92 § 10 (SB 1081).

Amendments:

1971 Amendment: Added the last sentence.

1980 Amendment: Substituted “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) of this chapter” for “, above that emitted by the muffler originally installed on the vehicle and the original muffler shall comply with all of the requirements of this chapter” in the first sentence.

2001 Amendment: (1) Designated the former section to be subd (a); (2) substituted “motor of the vehicle” for “motor of such vehicle” in the first sentence of subd (a); and (3) added subd (b).

Historical Derivation: (a) Former Veh C § 673, as enacted Stats 1935 ch 27, amended Stats 1941 ch 1129 § 1, Stats 1947 ch 233 § 1, Stats 1951 ch 953 § 1, Stats 1957 ch 741 § 1.
(b) Stats 1923 ch 266 § 96, as amended Stats 1927 ch 752 § 24, Stats 1929 ch 253 § 37½, Stats 1931 ch 1026 § 29.
(c) Stats 1915 ch 188 § 16.
(d) Stats 1913 ch 326 § 16.

Cross References: Modification of exhaust system with whistle-tip: Veh C § 27150.3.

Annotations:

Public regulation requiring mufflers or similar noise-preventing devices on motor vehicles, aircraft, or boats. 49 ALR2d 1202.

NOTES OF DECISIONS

The prohibition against modifying the exhaust system to amplify motor noise is not unconstitutional. People v. Finch (1953, App Dep't Super Ct) 119 Cal App 2d Supp 892, People v. Finch, 119 Cal App 2d Supp 892, 258 P 2d 1124, 1953 Cal App LEXIS 1300.

Former § 684 [now § 24005 herein], insofar as it provided for enforcement of former § 673 [now §§ 425, 27150-27152 herein], was not unconstitutional on ground that, among other things, standards of minimum noises permitted by said § 673 were uncertain. Smith v. Peterson (1955, 4th Dist) 131 Cal App 2d 241, 280 P2d 522, 1955 Cal App LEXIS 2040, 49 ALR2d 1194.

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