We've won the battle, but the war isn't over.
On July 20, 2001, California Governor Gray Davis signed Senate Bill 1081, marking the beginning of the end of the California Highway Patrol's exhaust noise games. The Specialty Equipment Marketer's Association (SEMA) lobbied hard for this bill in California and similar cases are pending in Massachusetts and other states. There were three very clear goals in the California case. The first was to simply establish the legality of aftermarket parts in California. Under the old laws, there was confusion and contradictory vehicle code surrounding the issue. Citations were being written and fines being paid against laws, which were unclear at best.
SEMA also wanted to establish that exhaust systems which meet the 95-decibel standard are legal for sale in California and can be used on the state's roadways. And finally-here's where there's ongoing controversy-SEMA wants enthusiasts who are cited to be heard in court via documentation proving the exhaust system is legal. Not only that, but under the new law, compliance documentation shown in court will disprove the officer's roadside assessment of the system's legality by establishing that the system meets the 95-dB standard.
This bodes well for companies like GReddy, HKS and Borla, which all issue documentation with their systems proving they already meet the standard.
But this is where things get tricky for car owners with older aftermarket exhaust systems already in place. As it stands, there's no state-provided testing program for enthusiasts to prove their exhaust meets the 95-dB requirement.
Additionally, officers can still cite based on a subjective evaluation, which leaves plenty of room for abuse. SEMA hopes, however, the new, clearly set 95-dB standard will lessen abuse of the system.
Steve McDonald, SEMA's director of Government affairs says, "Officers now better be damned sure when they write an exhaust noise ticket that the exhaust in question exceeds 95 decibels."
While this is certainly a step in the right direction, we still question how effective it will be. There's no doubt it's better than before, when officers could base their decision on vague vehicle code wording like "excessive or unusual noise."
The real issue now is what happens in the first stage of enforcement, when you're actually pulled over. The question is whether officers will continue to abuse their power by citing exhaust systems they can't prove are illegal. Right now, I think they will and here's why:
Until officers are held accountable for the tickets they write, they will continue to write them. Even under the new law, they will very rarely be proven wrong in court. Unless the person cited has documentation from the manufacturer proving its legality, there's no way to win in court. And, while there are a few companies issuing letters of compliance, they're still in the minority.
SEMA's initial attempt to solve this problem included in the bill a requirement for authorities to "objectively demonstrate" an exhaust system didn't comply with the standard before they issued a citation. Of course that meant spending money on decibel meters and training officers how to use them, which would require measurable amounts of critical thought on the scene. Turns out, it's easier just to write a ticket. And that's how the legislation passed. Despite the clarifications, officers can still mindlessly issue tickets regardless of documentation. And with no way to prove their innocence, enthusiasts still get the raw end of the deal.
SEMA is working on that as well. McDonald says SEMA will attempt to push a state sanctioned testing program into law next year. This would cure the problem. It would still force enthusiasts to go out of their way to prove their innocence, but it would at least require authorities to objectively measure exhaust noise rather than relying on the inaccurate and imprecise human ear method now being used.
McDonald said there are several possibilities for a state sanctioned program."Since the equipment required to conduct testing is relatively inexpensive, it seems possible testing could be handled at California's existing emissions testing stations," he said. Another possibility is for licensed installers to provide compliance documentation once they've installed a system. McDonald still doesn't rule out the possibility of a curbside test, either. Ultimately, putting a stop to this nonsense will require precise, objective exhaust noise measurement, which is exactly what the CHP doesn't want. After all, that equipment costs money and would prove once and for all how many bogus tickets are being written against legal exhausts.