California 2021 2021-2022 Regular Session

California Assembly Bill AB2496 Amended / Bill

Filed 04/18/2022

                    Amended IN  Assembly  April 18, 2022 Amended IN  Assembly  March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2496Introduced by Assembly Member Petrie-NorrisFebruary 17, 2022An act to add Section 44012.2 to the Health and Safety Code, relating to vehicles. add Section 27151.1 to the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2496, as amended, Petrie-Norris. Motor vehicle inspection and maintenance program: expansion. Vehicles: exhaust systems.Existing law requires vehicles in this state, with certain exceptions, to be equipped with correctly installed, operational motor vehicle pollution control devices or systems. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Existing law also establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. Existing law authorizes a court to dismiss any action in which a person is prosecuted for operating a vehicle in violation of the requirements mentioned above if a certificate of compliance has been issued or if 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 the requirements mentioned above. Existing law also prohibits a person from modifying the exhaust system of a vehicle with a whistle-tip, operating a vehicle that has been so modified, or engaging in the business of installing a whistle-tip onto the vehicles exhaust system.This bill would require the department to incorporate a physical test into the smog check program to inspect for violations of the requirements described above. The bill would also require the department to incorporate a sound level test into the smog check program so that specified motor vehicles would fail the inspection if the exhaust systems installed on those vehicles emit a sound level of more than 95 dBA when tested in accordance with certain requirements.This bill would require a court to require a certificate of compliance for a violation of the requirements mentioned above. The bill would require the court to notify the Department of Motor Vehicles to place a hold on the vehicle registration until the certificate of compliance is received by the court if the certificate is not provided to the court within 3 months of the violation date. The bill would require the department, before renewing the registration of any vehicle, to check whether the court has issued a hold on the vehicle registration for a violation of the requirements mentioned above and to refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 27151.1 is added to the Vehicle Code, to read:27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.SECTION 1.Section 44012.2 is added to the Health and Safety Code, to read:44012.2.(a)The department shall incorporate a physical test that inspects for violations of Sections 27150, 27151, and 27156 of the Vehicle Code into the motor vehicle inspection and maintenance program. A violation of Section 27150, 27151, or 27156 of the Vehicle Code during an inspection shall constitute a failure.(b)The department shall incorporate a sound level test into the motor vehicle inspection and maintenance program, so that a motor vehicle with a manufacturers gross vehicle weight rating of less than 6,000 pounds, other than a motorcycle, shall fail the inspection if the exhaust systems installed on the motor vehicle emit a sound level of more than 95 dBA when tested in accordance with Society of Automotive Engineers Standard J1492, October 2008.

 Amended IN  Assembly  April 18, 2022 Amended IN  Assembly  March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2496Introduced by Assembly Member Petrie-NorrisFebruary 17, 2022An act to add Section 44012.2 to the Health and Safety Code, relating to vehicles. add Section 27151.1 to the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2496, as amended, Petrie-Norris. Motor vehicle inspection and maintenance program: expansion. Vehicles: exhaust systems.Existing law requires vehicles in this state, with certain exceptions, to be equipped with correctly installed, operational motor vehicle pollution control devices or systems. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Existing law also establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. Existing law authorizes a court to dismiss any action in which a person is prosecuted for operating a vehicle in violation of the requirements mentioned above if a certificate of compliance has been issued or if 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 the requirements mentioned above. Existing law also prohibits a person from modifying the exhaust system of a vehicle with a whistle-tip, operating a vehicle that has been so modified, or engaging in the business of installing a whistle-tip onto the vehicles exhaust system.This bill would require the department to incorporate a physical test into the smog check program to inspect for violations of the requirements described above. The bill would also require the department to incorporate a sound level test into the smog check program so that specified motor vehicles would fail the inspection if the exhaust systems installed on those vehicles emit a sound level of more than 95 dBA when tested in accordance with certain requirements.This bill would require a court to require a certificate of compliance for a violation of the requirements mentioned above. The bill would require the court to notify the Department of Motor Vehicles to place a hold on the vehicle registration until the certificate of compliance is received by the court if the certificate is not provided to the court within 3 months of the violation date. The bill would require the department, before renewing the registration of any vehicle, to check whether the court has issued a hold on the vehicle registration for a violation of the requirements mentioned above and to refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 18, 2022 Amended IN  Assembly  March 17, 2022

Amended IN  Assembly  April 18, 2022
Amended IN  Assembly  March 17, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2496

Introduced by Assembly Member Petrie-NorrisFebruary 17, 2022

Introduced by Assembly Member Petrie-Norris
February 17, 2022

An act to add Section 44012.2 to the Health and Safety Code, relating to vehicles. add Section 27151.1 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2496, as amended, Petrie-Norris. Motor vehicle inspection and maintenance program: expansion. Vehicles: exhaust systems.

Existing law requires vehicles in this state, with certain exceptions, to be equipped with correctly installed, operational motor vehicle pollution control devices or systems. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Existing law also establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. Existing law authorizes a court to dismiss any action in which a person is prosecuted for operating a vehicle in violation of the requirements mentioned above if a certificate of compliance has been issued or if 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 the requirements mentioned above. Existing law also prohibits a person from modifying the exhaust system of a vehicle with a whistle-tip, operating a vehicle that has been so modified, or engaging in the business of installing a whistle-tip onto the vehicles exhaust system.This bill would require the department to incorporate a physical test into the smog check program to inspect for violations of the requirements described above. The bill would also require the department to incorporate a sound level test into the smog check program so that specified motor vehicles would fail the inspection if the exhaust systems installed on those vehicles emit a sound level of more than 95 dBA when tested in accordance with certain requirements.This bill would require a court to require a certificate of compliance for a violation of the requirements mentioned above. The bill would require the court to notify the Department of Motor Vehicles to place a hold on the vehicle registration until the certificate of compliance is received by the court if the certificate is not provided to the court within 3 months of the violation date. The bill would require the department, before renewing the registration of any vehicle, to check whether the court has issued a hold on the vehicle registration for a violation of the requirements mentioned above and to refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.

Existing law requires vehicles in this state, with certain exceptions, to be equipped with correctly installed, operational motor vehicle pollution control devices or systems. Existing law prohibits a person from installing, selling, offering for sale, or advertising any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Existing law also establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. Existing law authorizes a court to dismiss any action in which a person is prosecuted for operating a vehicle in violation of the requirements mentioned above if a certificate of compliance has been issued or if 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 the requirements mentioned above. Existing law also prohibits a person from modifying the exhaust system of a vehicle with a whistle-tip, operating a vehicle that has been so modified, or engaging in the business of installing a whistle-tip onto the vehicles exhaust system.

This bill would require the department to incorporate a physical test into the smog check program to inspect for violations of the requirements described above. The bill would also require the department to incorporate a sound level test into the smog check program so that specified motor vehicles would fail the inspection if the exhaust systems installed on those vehicles emit a sound level of more than 95 dBA when tested in accordance with certain requirements.



This bill would require a court to require a certificate of compliance for a violation of the requirements mentioned above. The bill would require the court to notify the Department of Motor Vehicles to place a hold on the vehicle registration until the certificate of compliance is received by the court if the certificate is not provided to the court within 3 months of the violation date. The bill would require the department, before renewing the registration of any vehicle, to check whether the court has issued a hold on the vehicle registration for a violation of the requirements mentioned above and to refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 27151.1 is added to the Vehicle Code, to read:27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.SECTION 1.Section 44012.2 is added to the Health and Safety Code, to read:44012.2.(a)The department shall incorporate a physical test that inspects for violations of Sections 27150, 27151, and 27156 of the Vehicle Code into the motor vehicle inspection and maintenance program. A violation of Section 27150, 27151, or 27156 of the Vehicle Code during an inspection shall constitute a failure.(b)The department shall incorporate a sound level test into the motor vehicle inspection and maintenance program, so that a motor vehicle with a manufacturers gross vehicle weight rating of less than 6,000 pounds, other than a motorcycle, shall fail the inspection if the exhaust systems installed on the motor vehicle emit a sound level of more than 95 dBA when tested in accordance with Society of Automotive Engineers Standard J1492, October 2008.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 27151.1 is added to the Vehicle Code, to read:27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.

SECTION 1. Section 27151.1 is added to the Vehicle Code, to read:

### SECTION 1.

27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.

27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.

27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.



27151.1. (a) For a violation of Section 27150.3 or 27151, a court shall require a certificate of compliance for a vehicular exhaust system in compliance with subdivision (b) of Section 27150.2. If a certificate of compliance is not provided to the court within three months of the violation date, the court shall notify the Department of Motor Vehicles to place a hold on the vehicle registration until such a certificate is received by the court. If the court has sent the notification and receives a certificate of completion, the court shall notify the department to remove the hold on the vehicle registration.

(b) The department shall, before renewing the registration of any vehicle, check to see whether the court has issued a hold on the vehicle registration for a violation of Section 27150.3 or 27151, and shall refuse to renew the registration until it has received a notification from the court that a certificate of compliance has been issued.





(a)The department shall incorporate a physical test that inspects for violations of Sections 27150, 27151, and 27156 of the Vehicle Code into the motor vehicle inspection and maintenance program. A violation of Section 27150, 27151, or 27156 of the Vehicle Code during an inspection shall constitute a failure.



(b)The department shall incorporate a sound level test into the motor vehicle inspection and maintenance program, so that a motor vehicle with a manufacturers gross vehicle weight rating of less than 6,000 pounds, other than a motorcycle, shall fail the inspection if the exhaust systems installed on the motor vehicle emit a sound level of more than 95 dBA when tested in accordance with Society of Automotive Engineers Standard J1492, October 2008.