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SEMA Bill to Create California Exhaust Noise Testing Program Becomes Law

FOR IMMEDIATE RELEASE
Media Contact:
Steve McDonald, stevem@sema.org
SEMA, 202/783-6007


SEMA BILL TO CREATE CALIFORNIA EXHAUST NOISE TESTING PROGRAM BECOMES LAW


WASHINGTON (Sept. 19, 2002) - Thanks to a new SEMA-sponsored law, California 
automobile hobbyists are now better equipped to fight unfair exhaust noise 
citations issued by state law enforcement officers. Legislation recently 
signed into law by Governor Gray Davis to provide for a statewide exhaust 
noise testing program will allow motorists to prove they comply with state 
noise standards.

The new law requires smog check stations that provide referee functions to 
perform the test. These referee stations will issue certificates of 
compliance for vehicles when tests of their exhaust systems demonstrate that 
they emit no more than 95-decibels, under Society of Automotive Engineers 
(SAE) test procedure J1169. Only those vehicles that have received a 
citation for an exhaust noise violation will be permitted to submit their 
vehicle for the test.

The law also allows courts to dismiss citations for exhaust systems that 
have been tested and for which a certificate of compliance has been issued. 
Fees charged to motorists for the certificates of compliance will pay for 
the testing program.

"The new law forces compliance with an objectively measured standard in a 
fair and predictable test. Through this procedure, motorists who drive 
vehicles legally equipped with modified exhaust systems can confirm that 
they comply with California's exhaust noise standards," said SEMA Director 
of Government Affairs Steve McDonald. "For years, the enforcement policy 
used by police officers deemed nearly all exhaust system modifications 
illegal, even where the noise levels were not excessive or unusual. That 
policy left exhaust system manufacturers, dealers and their customers 
without recourse."

Last year, Governor Davis signed into law another SEMA-sponsored bill to 
compel law enforcement officials to tie exhaust system noise citations to 
the 95-decibel limit and to make clear that aftermarket modified exhaust 
systems are legal if they comply with the standard. However, exhaust noise 
citations were still primarily prosecuted solely based on the officer's 
subjective judgment. The new law should go far toward improving motorists' 
odds of beating the ticket in court.

"Motorists who modify their vehicles for durability, appearance and 
performance prefer aftermarket exhaust systems," McDonald added. "By 
establishing this evenhanded testing process, this law will serve to benefit 
consumers who favor these state-of-the-art products, the aftermarket 
industry which markets them and even police officers who are charged with 
enforcing the law."

SEMA, the Specialty Equipment Market Association, represents the $26 billion 
specialty automotive industry. The trade association has approximately 4,500 
member companies. It is the authoritative source of research data, trends 
and market growth information for automakers and the specialty auto products 
industry. The industry provides appearance, performance, comfort, 
convenience and technology products for passenger cars, minivans, trucks, 
SUVs and recreational vehicles. For more information, contact SEMA at 1575 
S. Valley Vista Dr., Diamond Bar, CA, 91765-3914; call 909/396-0289; or 
visit www.sema.org or www.enjoythedrive.com.

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