Popping the Hood in California

[triggerpoint]

Hi,
I know that an aftermarket exhaust can get you pulled over, and that the police can ask you to pop the hood to check for any aftermarket/off road parts that may be installed.
So my questions are these: What would happen to anyone who refuses to pop the hood for a visual inspection?
Would they be arrested and the car impounded?
What if the Officer mistakes a stock/OEM exhaust and asks you to pop the hood even after you state that you don't have a modified exhaust, do you still have to pop the hood?
Don't get me wrong, its not worth getting arrested over a ref ticket, I am just trying to figure out what my rights are.

Thanks

[chuckycheese]

I live in California and have never heard of it happening...have you? As an aside, I've always been amazed that the HD guys don't have problems with their noisy exhausts. About 95% of the Harleys on the road have after-market pipes (which sound big and bad) but it never seems to be a problem. I've had 2 HDs and always saved my OEM equipment, just in case.

[triggerpoint]

This is happening to a lot of sport compact cars in San Diego (why not trucks, I really don't know...). Seems like everyone is either getting pulled because of an aftermarket exhaust or no front plate. Then, the cop will ask to open the hood and will tell the driver that and aftermarket exhaust is probable cause to check for modifications under the hood.

I actually came across a thread in another forum in which the cop said under cvc code 3800 he could arrest and impound the car, so I guess that answers my question. I dont know if thats true and any other feedback would be greatly appreciated.

BTW.. I have seen HD's actually set off car alarms!

[chuckycheese]

I don't believe there is a CVC 3800.

[triggerpoint]

I don't believe there is a CVC 3800.

Yeah.. After my last post I tried to find that code and couldn't find it.

[cdwjava]

The section he was likely referring to was CVC 2800.

There are sections from CVC 2800 through 2818 that can require a person to submit to such a search or face arrest. However, the burden would later be upon the officer to articulate to the court his reason to believe there is a danger to the public or the occupants of a vehicle beneath the hood. Absent consent or a warrant, the burden would be on the officer to articulate good cause to support the search.

- Carl

[chuckycheese]

Carl, what about the deal I mentioned with the HDs? It's easy to tell at a glance (or by listening for 2 seconds) that they are modified. (I don't care but have always found it interesting that they all seem to get a 'pass'......me included, for many years.

[cdwjava]

I agree - they sound loud, and I would THINK they could be cited. However, I know next to nothing about vehicle mods and I just plain do not cite for this as I just do not know.

I defer these matters to the CHP. When I stop someone with possible modified pipes, I call the local CHP supervisor and ask him to send someone over.

- Carl

[chuckycheese]

I agree - they sound loud, and I would THINK they could be cited. However, I know next to nothing about vehicle mods and I just plain do not cite for this as I just do not know.

I defer these matters to the CHP. When I stop someone with possible modified pipes, I call the local CHP supervisor and ask him to send someone over.

- Carl

I was of the understanding that it is illegal to modify, in any way, original exhaust equipment. I'm pretty sure that's right; in fact, I don't think it's legal to even modify your air/gas mixture and that those rules were put into place quite a few years back. It certainly sounds likely in a state like California.

[cdwjava]

Here is the section that you may be thinking of:

27151. (a) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise emitted
by the motor of the vehicle so that the vehicle is not in compliance
with the provisions of Section 27150 or exceeds the noise limits
established for the type of vehicle in Article 2.5 (commencing with
Section 27200). No person shall operate a motor vehicle with an
exhaust system so modified.
(b) For the purposes of exhaust systems installed on motor
vehicles with a manufacturer's gross vehicle weight rating of less
than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or
less, when tested in accordance with Society of Automotive Engineers
Standard J1169 May 1998, complies with this section. Motor vehicle
exhaust systems or parts thereof include, but are not limited to,
nonoriginal exhaust equipment.

However, it refers back to another couple of sections ... it's really too much of a labyrinth for me to deal with, so I don't try. But then, I have never been big on cars and exhaust or engine modifications ... I know where the gas and the oil goes, and beyond that I choose to use a mechanic (or, for enforcement, the CHP).

- Carl