27200-27207
VEHICLE CODE
SECTION 27200-27207
27200. (a) The Department of Motor Vehicles shall not register on a
dealer's report of sale a new motor vehicle, except an off-highway
motor vehicle subject to identification as provided in Division 16.5
(commencing with Section 38000), which produces a maximum noise
exceeding the applicable noise limit at a distance of 50 feet from
the centerline of travel under test procedures established by the
Department of the California Highway Patrol.
(b) The Department of Motor Vehicles may accept a dealer's
certificate as proof of compliance with this article.
(c) Test procedures for compliance with this article shall be
established by the Department of the California Highway Patrol,
taking into consideration the test procedures of the Society of
Automotive Engineers.
(d) No person shall sell or offer for sale a new motor vehicle,
except an off-highway motor vehicle subject to identification as
provided in Division 16.5 (commencing with Section 38000), which
produces a maximum noise exceeding the applicable noise limit
specified in this article, and for which noise emission standards or
regulations have not been adopted by the Administrator of the
Environmental Protection Agency pursuant to the Noise Control Act of
1972 (P.L. 92-574).
(e) No person shall sell or offer for sale a new motor vehicle,
except an off-highway motor vehicle subject to identification as
provided in Division 16.5 (commencing with Section 38000), which
produces noise that exceeds or in any way violates the noise emission
standards or regulations adopted for such a motor vehicle by the
Administrator of the Environmental Protection Agency pursuant to the
Noise Control Act of 1972 (P.L. 92-574).
(f) As used in this section, the term "register" is equivalent to
the term "licensing" as used in Section 6(e)(2) of the Noise Control
Act of 1972 (P.L. 92-574; Title 42, United States Code, Section 4905
(e)(2)).
27201. For the purposes of Section 27200, the noise limit of 92 dbA
shall apply to any motorcycle manufactured before 1970.
27202. For the purposes of Section 27200, the following noise
limits shall apply to any motorcycle, other than a motor-driven
cycle, manufactured:
(1) After 1969, and before 1973 ...... 88 dbA
(2) After 1972, and before 1975 ...... 86 dbA
(3) After 1974, and before 1986 ...... 83 dbA
(4) After 1985 ....................... 80 dbA
27202.1. (a) Notwithstanding any other law, a person shall not
park, use, or operate a motorcycle, registered in the State of
California, that does not bear the required applicable federal
Environmental Protection Agency exhaust system label pursuant to
Subparts D (commencing with Section 205.150) and E (commencing with
Section 205.164) of Part 205 of Title 40 of the Code of Federal
Regulations. A violation of this section shall be considered a
mechanical violation and a peace officer shall not stop a motorcycle
solely on a suspicion of a violation of this section. A peace officer
shall cite a violation of this section as a secondary infraction.
(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(c) (1) The notice to appear issued or complaint filed for a
violation of this section shall require that the person to whom the
notice to appear is issued, or against whom the complaint is filed,
produce proof of correction pursuant to Section 40150.
(2) Upon producing proof of correction to the satisfaction of the
court, the court may dismiss the penalty imposed pursuant to
subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2013, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2013.
(2) Penalties imposed pursuant to this section are in addition to
penalties imposed pursuant to any other applicable laws or
regulations.
(3) This section does not supersede, negate, or otherwise alter
any other applicable laws or regulations.
27203. For the purposes of Section 27200, the noise limit of 82 dbA
shall apply to any snowmobile manufactured after 1972.
27204. For the purposes of Section 27200, the following noise
limits shall apply to any motor vehicle within the specified
manufacturer's gross vehicle weight rating and date of manufacture:
Date Noise
of
GVWR--Pounds Manufacture Limit--dbA
Over 6,000 after 1967 and before
1973 88
Over 6,000 after 1972 and before
1975 86
Over 6,000 after 1974 and before
1978 83
Over 8,500 after 1977 and before
1982 83
Over 6,000 but
not after 1977
over 8,500 80
Over 8,500 but
not after 1981
over 10,000 80
Over 10,000 after 1981 and before
1988 83
Over 10,000 after 1987 80
27206. For the purposes of Section 27200, the following noise
limits shall apply to any other motor vehicle, not specified in this
article, manufactured:
(1) After 1967, and before 1973 ...... 88 dbA
(2) After 1972, and before 1975 ...... 86 dbA
(3) After 1974, and before 1978 ...... 83 dbA
27207. No motor vehicle with a gross vehicle weight rating of more
than 10,000 pounds and equipped with an engine speed governor shall
produce a sound level exceeding 88 dbA, measured on an open site at a
distance of 50 feet from the longitudinal centerline of the vehicle,
when its engine is accelerated from idle with wide open throttle to
governed speed with the vehicle stationary, transmission in neutral,
and clutch, if any, engaged. Test procedures for compliance with this
section shall be established by the department, taking into
consideration the procedures of the United States Department of
Transportation. The procedures may provide for measuring at other
distances, in which case the measurement shall be corrected so as to
provide for measurements equivalent to the noise limit established by
this section measured at 50 feet.