BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 2245
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: hill
VERSION: 4/21/10
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 15, 2010
SUBJECT:
Vehicles: aftermarket horns
DESCRIPTION:
This bill prohibits a vehicle from being equipped with an
aftermarket horn that emits a sound greater than 110 decibels.
ANALYSIS:
Existing law requires that a motor vehicle must have a horn in
good working order and capable of emitting sound audible at 200
feet in order to operate legally on the streets and highways in
this state. A vehicle horn may not, however, emit an
unreasonably loud or harsh sound.
This bill prohibits a vehicle from being equipped with an
aftermarket horn that emits a sound greater than 110 decibels
[dB(A)].
COMMENTS:
1.Purpose . The author notes that aftermarket car horns can emit
decibel levels of over 170 and are marketed in a way that is
clearly not for the benefit of public health or safety. He
notes that one of the producers of these products even has a
YouTube video on their website titled, "Scaring People with A
Train Horn" that shows a car equipped with one of these
devices driving around scaring pedestrians and drivers.
Because existing law limits train horns to 110 decibels and
because the average vehicle horn is about 110 decibels, that
author asserts that it is appropriate to set a limit for car
AB 2245 (HILL) Page 2
horns at that level. He further notes that these products
could still be sold as this bill simply prohibits a vehicle
from being equipped with a horn that emits a sound in excess
of 110 decibels.
2.Enforcement issue . Existing law prohibits a vehicle horn from
being "unreasonably loud." This bill defines "unreasonably
loud" as 110 decibels. The California Highway Patrol (CHP)
reports that it issues no tickets under the existing law, but
if its officers did, these would most likely be "fix-it"
tickets. It is unclear therefore that this bill would lead to
more vehicle owners being cited for unreasonably loud horns,
especially in light of the fact that CHP and other traffic
enforcement officers do not typically carry sound measurement
equipment.
A more enforceable option would be to make it illegal to sell
an aftermarket horn that can exceed 110 decibels, as this
committee and the Legislature have done with other harmful
aftermarket vehicle products. For example, in 2007, the
Legislature passed AB 801 (Walters), Chapter 273, which
imposed a $250 base fine for selling a material or device that
obstructs or impairs the reading or recognition of a vehicle's
license plates. The author or the committee may, therefore,
wish to amend this bill to make it an infraction punishable by
a fine of up $250 to sell an aftermarket car horn that can
exceed 110 decibels.
Assembly Votes:
Floor: 48 - 26
Appr: 12 - 5
Trans: 8 - 4
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 9, 2010)
SUPPORT: None received.
OPPOSED: None received.