BILL NUMBER: SB 1081	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Johannessen

                        FEBRUARY 23, 2001

   An act to amend Sections 27150.2, 27150.7, and 27200 of, to repeal
Sections 27150.1, 27150.4, 27150.6, 27150.8, and 27206 of, and to
repeal and add Section 27150.3 of, the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1081, as introduced, Johannessen.  Exhaust and muffler systems.

   (1) Existing law requires the Commissioner of the California
Highway Patrol, following the conduct of a specified study, to adopt
regulations setting standards for the certification of exhaust
systems.  Existing law prohibits persons from engaging in the
business of selling and installing exhaust systems, parts, or
mufflers unless the person meets those specified regulations and
standards adopted by the commissioner.  Existing law requires the
regulations to include provisions regarding the licensing of stations
to implement the regulations.
   This bill would delete the provisions relating to the study and
the prohibition against engaging in the business of selling and
installing exhaust systems, parts, and mufflers unless the system or
parts meet the standards, and would require the Chief of the Bureau
of Automotive Repair in the Department of Consumer Affairs, instead
of the commissioner, to adopt revised regulations setting standards
for the certification of vehicle exhaust systems including standards
for exhaust systems for all motor vehicles, other than motorcycles,
with a manufacturer's gross vehicle weight rating of less than 6,000
pounds that do not exceed a sound reading of 95 dba.  The bill would
repeal existing, conflicting noise limits.
   This bill would codify existing regulations of the Department of
the California Highway Patrol regarding the noise limits testing of
motor vehicles, other than motorcycles, and would require the Chief
of the Bureau of Automotive Repair in the Department of Consumer
Affairs to adopt regulations implementing these testing standards.
   (2) Existing law requires the Department of the California Highway
Patrol to obtain federal assistance to carry out statutes relating
to exhaust and muffler systems.
   This bill would delete that requirement.
   (3) Under existing law, a court is allowed to dismiss any action
against a person who is prosecuted for operating a vehicle in
violation of certain statutory noise limits under specified
circumstances.
   This bill would extend that authorization to persons who are being
prosecuted for certain muffler or fuel cap violations under the same
specified circumstances.
   (4) Existing law requires the manufacturers of motorcycles and
motorcycle accessories, prior to the sale or offering for sale of any
motorcycle exhaust system or part, to certify to the Department of
the California Highway Patrol that the exhaust system or part is in
compliance with the standards and regulations adopted by the
Commissioner of the California Highway Patrol, as specified.
   This bill would delete these requirements.
   The bill would make related changes regarding the registration of
motor vehicles by the Department of Motor Vehicles.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27150.1 of the Vehicle Code is repealed.

   27150.1.  On and after the effective date of regulations and
standards adopted by the commissioner pursuant to Section 27150.2, no
person engaged in a business which involves the selling of motor
vehicle exhaust systems, or parts thereof, including, but not limited
to, mufflers, shall offer for sale, sell, or install, a motor
vehicle exhaust system, or part thereof, including, but not limited
to, a muffler, unless it meets such regulations and standards.
   A violation of this section shall constitute a misdemeanor.

  SEC. 2.  Section 27150.2 of the Vehicle Code is amended to read:
   27150.2.  The  commissioner   Chief of the
Bureau of Automotive Repair in the Department of Consumer Affairs
 shall  , after the study required by Section 27150.3,
and after public hearings,  adopt regulations setting
standards for the certification of vehicular exhaust systems 
based solely upon noise standards consistent with the total vehicle
noise levels set by Sections 23130 and 23130.5  .  
Such  The  regulations shall include, but need not
be limited to  :
   (a) Provisions  , provisions for standards for vehicular
exhaust systems, based on manufacturers' data and subject to 
such   those  inspections and other verification
as the  commissioner   chief  may
prescribe.   The inspection and verification shall be performed
by bureau-designated referee stations.  
   (b) Provisions for the licensing of stations to implement the
provisions of this section, and Section 27150.1, and for the denial,
revocation, or suspension of any license for failure to comply with
the provisions of this section or any regulation adopted thereunder.

   The regulations may provide for the exemption of vehicular exhaust
systems where compliance with the regulations would cause an
unreasonable hardship without resulting in a sufficient corresponding
benefit with respect to noise level control.  
   The regulations adopted pursuant to this section shall become
effective one year after the regulations are filed with the
Legislature pursuant to Section 27150.4. 
  SEC. 3.  Section 27150.3 of the Vehicle Code is repealed.  

   27150.3.  The commissioner shall conduct a study to determine the
best means of implementing the requirements of Section 27150.1.  The
results of such study shall be filed with the Legislature and made
available to the public as soon as practicable but not later than
January 5, 1973. 
  SEC. 4.  Section 27150.3 is added to the Vehicle Code, to read:
   27150.3.  (a) Exhaust systems for motor vehicles, other than
motorcycles, with a manufacturer's gross vehicle weight rating of
less than 6,000 pounds may not exceed a sound reading of 95 dba, and
shall comply with the standards established pursuant to Section
27150.2 when tested in accordance with the following specifications:

   (1) The vehicle under test shall be positioned either on outdoor
pavement or on a shop floor and not over a hoist or pit in a location
where the exhaust outlets are near an open shop door.  No
sound-reflecting surface, other than the pavement and the vehicle
being measured, may be within 10 feet of any part of the vehicle.
   (2) The microphone for the sound level meter shall be at the same
height as the center of the exhaust outlet.  The microphone may be no
closer to the pavement than eight inches when the exhaust outlet is
lower than this height.  The microphone shall be positioned with its
longitudinal axis parallel to the ground, between 19 and 21 inches
from the nearest edge of the exhaust outlet, and at an angle between
35 to 55 degrees from the axis of the outlet.  For exhaust outlets
located under the vehicle body, the microphone shall be located at
the specified angle and at least eight inches from the nearest part
of the vehicle.  For exhaust outlets that make an angle of 45 degrees
or less with the longitudinal axis of the vehicle, the microphone
shall be outboard of the exhaust axis.  For exhaust outlet angles of
more than 45 degrees the microphone shall be on the side of the
exhaust axis to the rear of the vehicle.
   (3) The engine shall be at normal running temperature with the
transmission in neutral.  Sound level measurements conducted for
certification by exhaust system manufacturers shall be made at an
average steady-state engine speed of three-quarters of maximum rpm.
Sound level measurements conducted by licensed muffler certification
stations shall be made at an average steady-state engine speed of
3,000 rpm for vehicles manufactured before 1972 for which the station
does not have maximum rpm data.
   (4) The recorded exhaust system sound level of a stationary
vehicle shall be the highest reading obtained during the test,
disregarding unrelated peaks due to extraneous ambient noise.  When
there is more than one exhaust outlet, the reported sound level shall
be for the loudest outlet.  When there are two or more exhaust
outlets separated by less than 12 inches, measurements shall be made
on the outlet closest to the side or rear of the vehicle.
   (b) The Chief of the Bureau of Automotive Repair in the Department
of Consumer Affairs shall develop regulations, including any
necessary diagnosis, to implement this section.
  SEC. 5.  Section 27150.4 of the Vehicle Code is repealed.  

   27150.4.  The commissioner shall file the regulations adopted
pursuant to Section 27150.2 with both houses of the Legislature not
later than six months after the study is filed as specified in
Section 27150.3. 
  SEC. 6.  Section 27150.6 of the Vehicle Code is repealed.  

   27150.6.  The department shall make every effort to obtain federal
assistance to carry out the provisions of Sections 27150.1, 27150.2,
27150.3, 27150.4, and 27150.5. 
  SEC. 7.  Section 27150.7 of the Vehicle Code is amended to read:
   27150.7.  A court may dismiss any action in which a person is
prosecuted for operating a vehicle in violation of  Sections
  Section  23130  or   , 
23130.5  , or 27150  if it is found that the vehicle was
equipped with an exhaust system certified pursuant to Section 27150.2
and that the defendant had reasonable grounds to believe that the
exhaust system was in good working order and had reasonable grounds
to believe that the vehicle was not operated in violation of 
Sections   Section  23130  or 
 ,  23130.5  , or 27150  .
  SEC. 8.  Section 27150.8 of the Vehicle Code is repealed.  

   27150.8.  The manufacturers of motorcycles and motorcycle
accessories shall, prior to the sale or offering for sale of any
motorcycle exhaust system or part thereof, including, but not limited
to, a muffler, certify to the department that the exhaust system or
part thereof is in compliance with the standards and regulations
adopted by the commissioner which are applicable to such exhaust
systems or parts thereof and which are in effect at the time of the
first offering for sale at retail.  The content and form of the
certification shall be in accordance with procedures adopted by the
commissioner. 
  SEC. 9.  Section 27200 of the Vehicle Code is amended to read:
   27200.  (a) The Department of Motor Vehicles  shall
  may  not register on a dealer's report of sale a
new motor vehicle, except an off-highway motor vehicle subject to
identification as provided in Division 16.5 (commencing with Section
38000),  which   that  produces a maximum
noise exceeding the applicable noise limit at a distance of 50 feet
from the centerline of travel under test procedures established by
the  Department of the California Highway Patrol 
 Bureau of Automotive Repair  .
   (b) The Department of Motor Vehicles may accept a dealer's
certificate as proof of compliance with this article.
   (c) Test procedures for compliance with this article shall be
established by the  Department of the California Highway
Patrol   Bureau of Automotive Repair  , taking into
consideration the test procedures of the Society of Automotive
Engineers.
   (d) No person  shall   may  sell or
offer for sale a new motor vehicle, except an off-highway motor
vehicle subject to identification as provided in Division 16.5
(commencing with Section 38000),  which   that
 produces a maximum noise exceeding the applicable noise limit
specified in this article, and for which noise emission standards or
regulations have not been adopted by the Administrator of the
Environmental Protection Agency pursuant to the Noise Control Act of
1972 (P.L. 92-574).
   (e) No person  shall   may  sell or
offer for sale a new motor vehicle, except an off-highway motor
vehicle subject to identification as provided in Division 16.5
(commencing with Section 38000),  which   that
 produces noise that exceeds or in any way violates the noise
emission standards or regulations adopted for such a motor vehicle by
the Administrator of the Environmental Protection Agency pursuant to
the Noise Control Act of 1972 (P.L. 92-574).
   (f) As used in this section, the term "register" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Noise Control
Act of 1972 (P.L. 92-574; Title 42, United States Code, Section 4905
(e)(2)).
  SEC. 10.  Section 27206 of the Vehicle Code is repealed.  
   27206.  For the purposes of Section 27200, the following noise
limits shall apply to any other motor vehicle, not specified in this
article, manufactured:  


     (1) After 1967, and before 1973 .............................
86 dbA
     (2) After 1972, and before 1975 .............................
84 dbA
     (3) After 1974 ..............................................
80 dbA