posted 09-21-2001 01:27 AM                  

"In hopeful news for California hobbyists, the California Legislature passed SEMA-sponsored legislation (S.B. 1081) that should compel law enforcement to tie exhaust system noise citations to a 95-decibel limit. The bill was initiated to address the problem of motorists - particularly those in the import performance scene - who drive vehicles legally equipped with modified exhaust systems from being unfairly cited for exceeding noise limits.

SEMA initially desired a process requiring law enforcement authorities to "objectively" demonstrate" (i.e. perform a test) that a custom or modified exhaust system did not comply with the noise level test standard before issuing a citation. However, politics and the budget crunch brought on by the California energy crisis precluded the original bill from being considered.

Currently, the law and this bill may still allow officers to cite owners based on a subjective determination that the exhaust system exceeds the 95-decibel limit. This provision remains a bone of contention and SEMA continues to work with the California Highway Patrol and others to investigate possible solutions. Under the bill, a court may dismiss a citation if it is shown that the exhaust system complies with the 95-decibel limit and the owner had reasonable grounds to believe that the system was in good working order. The bill also provides that aftermarket, modified, exhaust systems are legal if they comply with the standard.

SEMA Director of Government Affairs Steve McDonald commented, "Right now, the enforcement policy used by California authorities considers nearly all exhaust system modifications illegal, even when noise levels are not excessive or unusual. This policy leaves hobbyists, manufacturers, dealers and their customers without recourse."

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