January 8th, 2009
In the state of California I need to know what the consequences are if
a peace officer were to inspect a car and determine it did not have a
catalytic converter installed? Would it be a simple "Fix it" ticket,
or are there special fines? Do California peace officers even perform
in the field inspections for missing or modified smog devices? This
question is concerned with cars modified for street racing.Hi kdf-ga,
As someone old enough to have driven a 396SS Chevelle before there was
such a thing as a catalytic converter, and as a non-California
resident, I was somewhat surprised at the how seriously California
legislators and law enforcement officers now take this issue.
Let's start by looking at the penalties on the books for emissions
control infractions, then come back to the enforcement issue. The
State of California can nick you for $1,500 for messing with the
"cat":
"(b) The state board may collect a civil penalty not to exceed one
thousand five hundred dollars ($1,500) for each violation of Section
27156 of the Vehicle Code. Any penalties shall be paid to the
Treasurer for deposit in the Air Pollution Control Fund. (c) The civil
penalty specified in subdivision (b) may be collected for one or more
violations involving the tampering with or disabling of a
gasoline-powered vehicle's air injection, exhaust gas recirculation,
crankcase ventilation, fuel injection, carburetion, ignition timing,
or evaporative control system, fuel filler neck restrictor, oxygen
sensor or related electronic controls, or catalytic converter, or for
the use of leaded fuel in a vehicle certified for the use of unleaded
fuel only. "
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=916778354+1+0+0&WAISaction=retrieve
Fines from the Feds can be even heavier:
"A manufacturer or dealer who removes or renders inoperative any
emission control device or element of design installed on or in a
motor vehicle or motor vehicle engine is subject to a civil penalty of
up to $25,000. Others can be fined up to $2, 500. Anyone
manufacturing, selling or installation of any part or component that
serves to bypass, defeat or render inoperative any emission control
device or element of design is subject to a civil penalty of up
$2,500."
http://www.state.me.us/dep/pubs/is-tamp.htm
And, the State of California seems to be serious, and growing more so,
about enforcing these standards:
"BOARD MEETING
STATE OF CALIFORNIA AIR RESOURCES BOARD
JULY 27 , 2001
MOBILE SOURCE ENFORCEMENT BRANCH ACTING CHIEF BINDER: This slide shows
some typical after-market parts, including exhaust, super chargers,
computer chips and in-take systems. Any emissions related part that is
not an OEM replacement must be covered by an executive order. We do
enforce these requirements in the field.
Another area related to after-market parts that we are supporting is
the growing crack down on street racing by the California Highway
Patrol and local Sheriff and police departments. The ARB often
receives requests from law enforcement to assist their officers in
special operations to prevent street racing. During these operations,
ARB staff provide emissions control expertise to officers who issue
the 6 citations under Vehicle Code Section 27156. Citing drivers and
spectators for emissions control violations and illegal after-market
parts has proven to be a very strong deterrent. In addition to paying
a fine, the owners are required to bring their vehicles into
compliance, which is often a very expensive and painful endeavor. We
often follow up on leads obtained during these operations to
investigate possible illegal activities by after-market part
manufacturers, retailers and installers."
http://www.arb.ca.gov/board/mt/mt072701.txt
Here's a similar caution:
"California Air Resources Board
Report of Enforcement Activities
January 1 - December 31, 2001
Mobile source enforcement staff have provided assistance to state and
local law enforcement in their efforts to eradicate street racing.
Often the vehicles involved in these unlawful activities are equipped
with illegal engine modifications and aftermarket parts. As these
types of modifications can cost thousands of dollars, citing the
vehicle owners for tampering (under Vehicle Code section 27156) has
proven to be a powerful deterrent because the owner must show that the
offending equipment has been removed, in addition to paying the
related penalties. The ARB staff assist peace officers in writing
solid tampering citations that will support successful enforcement
actions."
http://216.239.51.100/search?q=cache:zkRgdMk0bIUC:www.arb.ca.gov/enf/enfrpt.pdf+california+%22street+racing%22+catalytic+enforcement&hl=en&ie=UTF-8
Furthermore, as you are probably already aware, in addition to
day-to-day worries about emission control enforcement, in most parts
of California, you also have to deal with the biannual Smog Check
inspections.
"All areas of California require Smog Check inspections when a vehicle
changes ownership or is registered for the first time in California.
Most areas also require testing every two years, at the time of
registration renewal."
http://www.villa-automotive.com/enhancedsmog.html
Now, if you do have a shop do work that is not within legal
guidelines, it wouldn't be a very nice thing for you to do, but you
have recourse against them:
27150.5. Any person holding a retail seller's permit who sells or
installs an exhaust system, or part thereof, including, but not
limited to, a muffler, in violation of Section 27150.1 or 27150.2 or
the regulations adopted pursuant thereto, shall thereafter be required
to install an exhaust system, or part thereof, including, but not
limited to, a muffler, which is in compliance with such regulations
upon demand of the purchaser or registered owner of the vehicle
concerned, or to reimburse the purchaser or registered owner for the
expense of replacement and installation of an exhaust system, or part
thereof, including, but not limited to, a muffler, which is in
compliance, at the election of such purchaser or registered owner.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=91182425985+0+0+0&WAISaction=retrieve
Now, the question: what does all this legislation and threatening
verbiage mean in the real world? Well, increasingly, it seems to have
teeth.
Here's some information from a Mustang performance web site:
"'Smog certificate required',
the three dreaded words that muscle car owners hate to read on their
registration notices. Most states now require some sort emissions
testing every one or two years in order to register a vehicle. In
heavily populated (and polluted) states like California, the testing
is especially tough because it combines a tailpipe "sniffer" test
along with a visual inspection, where the official checks to verify
all the factory smog equipment is in place and functioning. They also
look for "illegal" aftermarket parts, which do not have E.O.
(Exemption Order) numbers.
As if the "smog nazis" weren't enough of a pain to deal with, the
local law enforcement agencies have made it their own agenda to pull
over, inspect, and even tow away vehicles suspected of having non
smog-legal parts or missing emissions equipment.
Back in the day when the air was still clear, and the ozone intact,
nobody thought twice about removing a performance cars smog equipment
in attempt to free up some horsepower and reduce weight and clutter.
Smog pumps, hoses, EGR valves, and catalytic converters were quickly
yanked and the aftermarket was right there to supply better performing
replacement parts. When it came time to smog, you either bolted the
stuff back on temporarily, or took the car to your buddies shop where
he hooked you up with a cert in exchange for a six pack of his
favorite brew.
Nowadays you can't even order a tail pipe from Summit without hearing
the "may not be legal for use on emissions controlled vehicles"
warning. And if you are lucky enough to still know someone still bold
enough to run a fake smog check, he better have a good bail bondsman,
since the Bureau of Automotive Repair doesn't think twice about
throwing smog cheats in jail."
http://www.fordmuscle.com/archives/2001/11/catpipe/index.shtml
This next little tidbit I found in so many places on the 'Net that
you've probably already heard this story if you're around the street
racing community, but it's too relevant to ignore - here are excerpts:
"'Crack Downs in Sun Valley, California "Street Racers Curbed by
Police'
The roar of engines and the screeching of rubber on the road were
replaced by the wail of sirens and cries of unsuspecting street racers
early Sunday morning, as the Los Angeles police and three other
agencies swept in for another attempt at shutting down the popular
illegal activity. When the smoke and dust cleared, at least a
half-dozen racers and other participants had been carted off to jail,
and 72 cars were impounded thanks to a new enforcement tool.
Saturday night, the target was a milelong strip of Glenoaks Boulevard
between Peoria and Sheldon streets in the Sun Valley area. The long,
flat strip is just one of many popular racing streets in the Valley.
Almost a dozen police cruisers had staked out the area, patiently
waiting on side streets to box in both ends of the street and snare as
many violators as possible.
Members of the state Bureau of Automotive Repair popped every hood and
slid under every car to check for modified or missing pollution
control devices. Detectives checked engine parts to see if they
matched up with stolen vehicle records.
'The most common thing is for them to remove their catalytic
converters, but we have seen everything up to nitrous oxide systems on
these cars,' said John Nelson, one of the bureau's inspectors.
'They put thousands into the modifications, but once we cite them,
they have to spend just as much to put them back to normal.'
The tickets require the vehicle's owner to replace all modifications
with factory-direct parts, and prove that they have done so to a
third-party referee"
http://www.lafiebre.net/cops/
This last link I'm including just because it's interesting and thought
provoking. It's the meditations of an 18 y.o. street racer about his
obsession, and includes some insightful firsthand information about
the upside *and* the "cost of doing business":
http://www.layouth.com/4_09_2_1.htm
In summary, the consequences of tampering with pollution equipment in
California can be severe, law enforcement does (depending on where you
are) enforce such laws and appear to be growing more willing to do so.
When you're ready to sell a car, it's illegal to do so if it's missing
emissions equipment. Since these hassles apply to everyone in
California who wants to improve their car's performance, there have
been effective ways developed to improve automotive performance
without removing anti-pollution equipment, and it's probably a good
idea to look into those approaches.
A personal aside - I've always loved to go fast and feel the rush. But
for the price of building and maintaining a competitive street racer,
you can do an awful lot of skydiving which is every bit the high with
a lot less of the danger to you and the rest of the people out on the
street with you. Just a thought - I know you didn't come here for a
lecture.
Anyway, I hope this adequately answers your question (even though it
probably isn't exactly the answer you'd like to hear). If I haven't
filled in all the blanks, please use the Clarify Answer button before
you put down a rating.
Thanks for your question,
ericynot-ga
Google search terms:
california "street racing" pollution control enforcement
california "street racing" catalytic
epa "catalytic converter" penalty OR fine#If you have any other info about this subject , Please add it free.# |
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