Notice to correct violations: exceptions.
If enacted, AB390 would simplify the process for individuals arrested for muffler or exhaust system violations by ensuring they can receive a notice allowing them to correct the violation before resorting to penalties. This amendment is significant as it changes the perspective of law enforcement regarding minor infractions, promoting a corrective approach that could reduce penalties for offenders and offer them a chance to demonstrate compliance. The impact might be notable for both law enforcement practices and community relations, especially in contexts where vehicle modifications are common.
Assembly Bill No. 390, introduced by Assembly Members Frazier and Grayson, proposes an amendment to Section 40610 of the California Vehicle Code, focusing on the procedures regarding notices to correct violations related to vehicle equipment. Under existing law, individuals arrested for potential violations involving mufflers or exhaust systems are subjected to disqualifying conditions that prevent them from being eligible for a corrective notice. AB390 aims to remove these muffler-related violations from the disqualifying list, allowing arrested individuals the chance to promise to correct the issues rather than facing immediate penalties.
Notably, some proponents of keeping strict enforcement argue that allowing individuals to rectify muffler infractions without immediate penalties could lead to decreased accountability among drivers. There are concerns that this could cause issues with noise regulations and overall vehicle compliance. However, supporters of AB390 argue that the current law's disqualification of such minor violations is overly punitive and that encouraging compliance through correction rather than punishment fosters a more cooperative environment between law enforcement and the community.