CHP pull over to check smog devices??

After a recent car show in Solvang Ca, some guys were heading home and got pulled over. The CHP wanted to see under the hood for smog equipment. One car was a 68 Camaro with big block. CHP was going to write a ticket for no smog pump. Never heard of this before but the CHP claims all the original smog equipment still has to be there (even though 76 and older is smog exempt). The Camaro owner had literature with him to prove a 68 Camaro big block car didn't come with a pump. Anyone in Calif ever experienced this kind of h***le?? What is the status of the change in current Calif smog laws?

 

what!? smog exempt means smog exempt doesnt it?!

unbelievable

 

The CHP officer, in my opinion was incorrect. There is a section of the vehicle code that states all factory equipped smog devices must be attached and functioning. But to counter that, there is also a section that explains smog exeptions as well. That 68 is very well exempt. I will do some digging, but I think that his stop was ****.


Rob

 

****ing ***** of a patrolman. Sorry I don't know,but he should call the idiots supervisor and complain about the idiot harr***ing him!(it would make me feel better)

 

With all the **** that goes on in California, CHP doesn't have anything better to do that pull over an otherwise law-abiding driver to check and see if he has the smog equipment still on his 40 year old car?
I wonder if that even falls under his jurisdiction? He can't detain an illegal alien just for being illegal, and the local police can't deport them. Patrolmen can't do DOT inspections and enforcement here in Georgia...can a CHP site you for smog, or does that fall to some other arm of the government? I suppose they could get the owner for improper equipment, but is CHP certified to make that call?

Damn...why does anybody live in California? Everything I hear makes it sound like a so******t or communist state, where everybody gets volunteered to pitch in "for the greater good." For about 3 times the cost of living anywhere else.

-Brad

 

Ok, its kinda tricky..

I just did some more digging. CVC 4000.1 states that the vehicle is exempt from INSPECTION. It does not clearly state that it is exempt from having the equipment, just that the vehicle will not be tested for compliance.

To counter...CVC 27156 (a) states that a person is in violation if a motor vehicle is being operated without proper smog controll device.

Techincally, the vehicle is not exempt from the device, just exempt from inspection. It can be challenged that the officer violated that by "inspecting" the vehicle in lue of a traffic stop.

Take it to court, argue it and I am comfortable that it will be dropped. Especially if the car was never equipped from the factory. Just another case of a traffic cop getting of in poking some guy for stupid ****.

HTH

Rob

 

unfortunatly, chippys can enforce smog laws here. ****, they setup check points...


Rob

 

And wouldn't that only apply if it was a car sold brand new in California anyway? If the car came from Texas or Florida or Colorado or anywhere else it's not required. Correct?

The officer didn't have the ***le in his hand to prove the car was an original California car so how could that kind of ticket be legitimate in any way?

 

Rob

What was the officer's reasonable cause of the search?

If the hood was open...and he noticed a violation yes

But if the hood is closed........ Why is he even asking?

 

The Camaro owner was able to convince the CHP the big block didn't need a pump so no citation. It's all about revenue or maybe he was concerned about clean breathing air.

 

bluto, the probable cause for the search could have been alot of things. The Vehicle Code gives em alot of options to work with. Take for instance, a modified exhaust. CVC says that any exhaust madified to increase noise output is "modified" and thus illegal. So if you go rolling by in your big block 68 maro, shaking the ground...bam, PC for a stop and inspection. Kinda chicken **** I know....

The line of thinking is that if the exhaust is modified, the car may be modified from its original state and possibly have any smog device deleted.

Problem with alot of new officers is that in the law enforcement community, there has been a TON of recent training on the import crowd and how the delete smog devices and what makes their rice rockets illegal, and how to yank em off the road. Alot of the information that holds true to the newer imports doesnt apply to our cars. But unfortunatly, alot of officers are not as well versed in these laws as they should be.


Rob

 

Sorry man, I have to disagree. Its not really about revenue at all. usually for the individual officer its much simpler than that. Its about personal stats. Career boosting etc. Still, I think its chicken ****...


Rob

 

Two words...

Lame.

 

In the united states of america, It is a felony to tamper with emissions control equipment on ANY vehicle.

Being pre-73 or whatever it is in CA makes you exempt to inspection, but you are still required to have and keep maintained all of the original smog equipment.

Chicken **** - big time. And yes, they can pull you over and look under the hood any time for any reason, probable cause does not apply (I found out the hard way). Turns out driving is not a right, it's a privilege, and you agreed to all of these things when you signed the paper to get your drivers license.

All of these facts, however, do not make it any less gay.

 

The CHP was right. You must have ever smog device required down to 1955. You just don't have to be inspected every 2 years. 2800 of the vehicle code allows any officer to stop a vehicle for an inspection. Failure to do so is a misdemeanor and subject to arrest.

Now some of you will say, 1955? Any car down to 1955 must have a closed crankcase ventilation system (PCV) and no modification that isn't CARB approved or stamped with an Executive Order number.

So these cars with blowers, sticking out of the hood, is like a sign "Please Stop Me". If you look at the fine print on the box, it will say, "not for use of pollution controlled vehicles in california."

 

If it is exempt from inspection. to me that would me visual also. No requirement to have it sniffed or visually looked at (exempt)... but makes you wonder what else he was looking for

 

Dam shaking ground..raging forest fires..mud slides..movie stars..illegal immagrants..freakin smog lwas and cops who dont have anything better to do but h***el hot rodders..Sorry But you can have that satate..Im buying land on the edge of nevada and waiting for that state to slip off into the ocean, than i will sell the ocean front property at an inceased profit..

 

sounds like the pigs are doing some fund raising, they cited me for no seat belts.

 

nothing new just california and just ********.

save the earth and ozone. how about the rest of the world, we don't even compare to to how much polution they're giving off. sorry just rambling.

 

it goes deeper than alot of you know.

There was a bill p***ed a few years ago in Kali that allowed the CARB to set up inspection stops on roads, ala drunk driving check points, and IMPOUND any vehicle found to have modified emissions equipment. The legislation was rather vague, and it was never REALLY defined as to what cons***uted "modified". Was an after market (ala flowmaster) or OEM replacement muffler to be considered "modified"? Also, what if yer average soccermom in a mini-van got stopped and had a loose vacuum hose (insert joke here) on her emissions system.. would this mean her van got impounded?

The kicker is, as I was qualifying at the Sacramento County Sheriff's Range one day (I hold a couple of firearms certifications that require semi-annual qualifications) and the person on the firing line next to me was a CARB Agent. He said that CARB Agents were getting qualified because they expected a little bit of public "resistance" to the impounding of their vehicles.

The law is still on the books, but has never been enforced due to the anticipated negative response.

 

Either the CHP had camaro envy and decided to mess with the person, was having a bad day and took it out on someone, hates hot rods, or just is a *****.

California law says the 75 and older vehicles are exempt from the two year inspections but they are supposed to have the smog stuff on them that was available from the year the vehicle was made and also I do believe we are still supposed to have only CARB aftermarket stuff on the engines too.

as far as the cop being able to pop the hood and do a search...i do not know the laws on that but I see CHP pulling over big rigs all the time out by my work and doing inspections on them.

 

What about non-California vehicles? My '60 F100 came stock with no PCV or anything.

 

last i heard about california smog laws ...they were gearing up for some kind of infra red camera that sniffed tail pipes as you p***ed points along the freeways..if your car wasnt clean you got a picture with a citation in the mail.

 

California applicable only...

 

OK, lets say you have a car or truck that came from out of state other than cali, if you take it to cal and the cal model came with a smog pump, you would have to put that stuff on your now reg in cal car or truck, just because it was a 49 stater donsnt make it exemp from the bolt ons. when I worked in cal, we had that stuff laying around ready to bolt on for the two year smog check and for the poroutofstaters that moved to cali!
Now ya know.....Roach.

 

knotheads, they've actually had that for a while now. I've seen the CHP set up temporary sites at metered freeway entrance ramps from time to time. Big brother is, in fact, watching.

 

That's exactly why we now live in Tennessee.

Will the last hot rodder leaving California please turn out the lights.

No, on second thought, leave the damn things on and piss off the greenies!

 

danagamer... They may have saved your life. I hope you use them in the future. I've seen first hand what happens without them

 

Everytime I read a thread like this about you guys Stateside *****ing about over zealous ***holes in uniform who are "protecting and serving" , spare a thought for us poor souls in the colonies who have cops here that have been relegated to nothing more than revenue raising by the Feds.

Here if you drive a hottie, youre a TARGET fullstop. HERE it is a privelidge, believe me when I tell ya the in the USA its a RIGHT that you guys take for granted. Cmon over and live here for a while and experience the media ********, discrimination and rights removing legislation that our ****wit politicians / cops /judiciary like to screw law abiding citizens for $$$ with DAILY.

Like someone said, youd think that the crazy stuff that goes on in Cali would be enough for these clowns to focus on more important parts of policing there - errrrr, right ??

Your mate in the BB 68 musta been some kinda nasty dude to be pulled over and har***ed to death about a ......smog pump......... right?

The system we have here is based on the system in Cali and it is designed to do one thing and one thing only - FLEECE motorists. PERIOD.

There, I feel better now.

Rat

 

The cop that cited you for seat belts was probably working under a federal grant. The feds have been giving money to local jurisdictions to enforce the seatbelt laws. The officer was probably getting time and a half due to the fact that the grant was outside his normal course of duties.