BILL NUMBER: AB 377 CHAPTERED
BILL TEXT
CHAPTER 432
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003
APPROVED BY GOVERNOR SEPTEMBER 20, 2003
PASSED THE ASSEMBLY SEPTEMBER 2, 2003
PASSED THE SENATE AUGUST 27, 2003
AMENDED IN SENATE AUGUST 19, 2003
AMENDED IN SENATE JULY 8, 2003
AMENDED IN ASSEMBLY MAY 5, 2003
AMENDED IN ASSEMBLY APRIL 9, 2003
AMENDED IN ASSEMBLY MARCH 24, 2003
INTRODUCED BY Assembly Member Chan
FEBRUARY 14, 2003
An act to amend Section 42001 of, and to add Section 27150.3 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 377, Chan. Vehicles: exhaust systems: whistle-tip.
(1) Existing law prohibits a muffler or exhaust system from being
equipped with a cutout, bypass, or similar device.
This bill would prohibit the modification of the exhaust system of
a motor vehicle with a whistle-tip, as defined, and would prohibit a
person from operating a motor vehicle if that vehicle's exhaust
system is in violation of that modification prohibition. The bill
would also prohibit a person from engaging in the business of
installing a whistle-tip. Because the bill thereby would create new
crimes, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27150.3 is added to the Vehicle Code, to read:
27150.3. (a) A person may not modify the exhaust system of a
motor vehicle with a whistle-tip.
(b) A person may not operate a motor vehicle if that vehicle's
exhaust system is modified in violation of subdivision (a).
(c) A person may not engage in the business of installing a
whistle-tip onto a motor vehicle's exhaust system.
(d) For purposes of subdivisions (a) and (c), a "whistle-tip" is a
device that is applied to, or is a modification of, a motor vehicle'
s exhaust pipe for the sole purpose of creating a high-pitched or
shrieking noise when the motor vehicle is operated.
SEC. 2. Section 42001 of the Vehicle Code is amended to read:
42001. (a) Except as provided in Section 42000.5, 42001.1,
42001.2, 42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11,
42001.12, 42001.14, 42001.15, 42001.16, or subdivision (a) of Section
42001.17, or Section 42001.18, or subdivision (b), (c), or (d) of
this section, or Article 2 (commencing with Section 42030), every
person convicted of an infraction for a violation of this code or of
any local ordinance adopted pursuant to this code shall be punished
as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine not exceeding two hundred fifty dollars ($250).
(b) Every person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as they affect failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering any person, shall be punished as follows:
(1) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(2) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(3) For a third or any subsequent conviction within a period of
one year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
(c) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
(d) A person convicted of a violation of subdivision (a) or (b) of
Section 27150.3 shall be punished by a fine of two hundred fifty
dollars ($250), and a person convicted of a violation of subdivision
(c) of Section 27150.3 shall be punished by a fine of one thousand
dollars ($1,000).
(e) Notwithstanding any other provision of law, any local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. Any fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.