California - Nitrous.

[Om3ga47]

I was handed a referee ticket last night for (Intake and nitrous system). No matter where I search...it is a run around..no definite answers. I tried searching an online vehicle code,and that was crap. Before I ask,remember when stopped I was pulling into a parking lot (where we usually hang out and eat). He has me pop my hood and...*edited by moderator*,only sights the intake (JLT cold air for 03 cobra) and my nitrous lines/nozzle. He has me pop the trunk and my bottle is the DISCONNECTED and EMPTY. Has not been used or even filled yet. The window switch and heater were as well unplugged. I even opened the valve to show it was empty. He still said it was illegal. I have been told by a chp officer over the phone and a buddy who is going into the academy who has studied well...that "A vehicle can be equipped with a nitrous systgem as long as it is inactive/disconnected and not within reach or located within the drivers cab." I have as well read the executive order to Nitrous Oxide systems INC...from ARB stating it does not effect the operations of the emissions control system.

Is this true...is it illegal to haev this system when it is 1.Disconnect and not active and 2.The bottle is empty(so no HAZMAT violation) ...yes or no? Explain please.

I just dont think its fair all the ricers get "fix it" tickets for more mods and shitty work,and I get a ****ing ref for having an inactive kit and a damn intake.

 

[SLOWNED]

OUCH sounds like the officer was just giving you a hard time. What city was this in?

 

[Tom's_03SVT]

where were you when you got the ticket?

 

[BAMM BAMM]

Nitrous systems, whether hooked up or not, are illegal in California. The ticket is legit. The intake must have a C.A.R.B. number with it to be legal in Ca. also. It sucks..... but the officer was correct.

 

[Junior00]

Nitrous systems, whether hooked up or not, are illegal in California. The ticket is legit. The intake must have a C.A.R.B. number with it to be legal in Ca. also. It sucks..... but the officer was correct.

By that reasoning, then if I purchased a nitrous kit at a local speed shop for use on my track only car, I could then be ticketed for it. The system was not operational in any way as well as not having the giggle gas required for said operation. Using this system on public highways is illegal i'm sure, but if you have a dual duty car then I don't see a problem. If the story is exactly as described, I would take this one to court. As for the intake, that is a problem in itself and w/o a CARB certificate or tag on the intake then the ticket for that is legit.

 

[oldmodman]

Step one. Take the system and CAI off the car.

Step two. Go to the referee station and get the car inspected.

Step three. Get ticket written off.

Step four, Reinstall all the stuff and go and have fun.

You just have to play the game. And yes we know that it is just stupid since we drive far less than the badly tuned, twenty five year old van that some illegal alien is using to haul his carpet cleaning service around in. And that vehicle produces more pollutants in one week than our modified cars produce in many years.

Just tell yourself "it's the law" And we all must have respect for the law. :dw::bs: Since they are all so well intended and thought out.

 

[FordSVTFan]

By that reasoning, then if I purchased a nitrous kit at a local speed shop for use on my track only car, I could then be ticketed for it.

Not likely, as a "track only" car would not be registered for road use and therefore not subject to the same rules.

Additionally, the jurisdiction is California where almost any modification is illegal.[/QUOTE]

 

[Junior00]

Not likely, as a "track only" car would not be registered for road use and therefore not subject to the same rules.

Not what I meant, the point was that there wasn't much of a difference if I had a kit still in a box or the kit as it was in his car since they were both utterly useless.

 

[FordSVTFan]

Not what I meant, the point was that there wasn't much of a difference if I had a kit still in a box or the kit as it was in his car since they were both utterly useless.

Since you typed it, I thought it was what you meant.

Regardless of that, the system was hooked up to the engine and was considered a modification in California and is not lawful.

 

[Om3ga47]

This was in murrieta. I just do not understand why there is no yes or no answer out there. One party says It is legal as long as....and it is illegal when....

Just does not make sense to me.

 

[SLOWNED]

Well like oldmodman said above..just get uninstall everything, get it inspected and written off, then reinstall. You gotta pay to play. Besides, its just a CAI and a system, it should be a breeze to uninstall and reinstall.

 

[Quik Z06]

Well, im with you I had heard that if it was not hooked up it was fine. I guess the cop was having a bad day, because my buddy got pulled over and they popped his hood and questioned his nitrous. he told them the truth, that is was hooked up and the bottle was ful but they didn't ticket him

Im curious how he wrote you a ticket to take to a ref, I though the state had shut down the ref? I know that;s what teh CHP told my buddy when they pulled him over, said they would have sent him there but couldnt because it was shut down.

 

[Om3ga47]

I am just going to hope the judge is having a good day. Taking the car apart and having it inspected is a waist of time. Either way I still come to a 300+ fine. No matter what. I am going to a neighbors house later this week who is Ex Mayor of our city and retired CHP. I will look through his book. If it is documented that this kit is not illegal under certain perameters then I will get a written statement from him. I appreciate all your help guys,and sorry I labeled the officer "Stupid" but he is not the nicest guy,I dont expect him to be,but he goes out of his way, and is widely known around her for it. Thank you all again.

 

[WTF]

Pay the ticket, restore your car, and quit driving your car illegally. This is California. You should be driving a Prius and supporting gay marriages. Check your car enthusiasm at the door and submit to Johnny law.

 

[mswaim]

This was in murrieta. I just do not understand why there is no yes or no answer out there. One party says It is legal as long as....and it is illegal when....

Just does not make sense to me.

Does you kit have a CARB sticker?

If your answer is no - then you have a black/white answer.

 

[BAMM BAMM]

A written statement from a "retired CHP" buddy won't do a thing for you in court..... If it's in/on your car, the nitrous system is illegal in this state....period! Good luck and let us know how this plays out in court........ (I already know the answer)

 

[Om3ga47]

A written statement from a "retired CHP" buddy won't do a thing for you in court..... If it's in/on your car, the nitrous system is illegal in this state....period! Good luck and let us know how this plays out in court........ (I already know the answer)

Is there a section in the CVC that states this? What is the number?

My argument is this....this is the section I recieved....

(b) No person shall operate or leave standing upon ( )1 a highway ( )2 a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. ( )3 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device ( )4 that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.

....I ask someone to please explain how a non functioning,disconnected and unfilled nitrous system in anyway hinders/or effects the Vehicles emission control system. Intake...fine,my arguement is the nitrous system...at which N.O.S. Inc received an executive order from ARB (Air Resources Board)

http://arb.ca.gov/msprog/aftermkt/devices/eo/D-266-4.pdf

IN the executive order,it says the systems are exempt of section 27156,as well in testing the systems were found to NOT reduce the effectiveness of the vehicles emissions control system. You can see this stated before the vehicle list. Of course this list is outdated,I am awaiting a new one from Nitrous outlet and N.O.S.

 

[mswaim]

I'll ask again - Does your system have a CARB sticker? You don't need to answer since I already know the answer..............

The cvc section you quote is not even close to the one that covers your current problem.

My suggestion is you find a much more informed source before you try defending yourself in court. :shrug:

 

[Om3ga47]

The cvc section you quote is not even close to the one that covers your current problem.
:

27165(b) is what the officer sited. I must ask,how can a modification to a vehicle,that is non functional what so ever be sited for effecting my emissions system?

A turbo or Supercharger can be illegal since it in fact replaces the factory intake system and in some cases reroutes the emissions system. At this very moment and at the time of citing...the system was disconnected and inactive. How can a series of lines that are sealed and not disrupting the intake system/emissions systems be cited under such a section? I understand you are officers and I appreciate the input...but come on guys,you have to understand my argument...this makes NO SENSE,only reason I continue this is to have an arguement with LEO's who understand automotive. Noone has given me a solid answer...An officer would not ticket me for having a rubber hose on my intake that is sealed off and going nowhere. Why would this system at the moment be illegal if it is not doing one solitary thing to the induction system or being used as a performance inhibitor on the street. I have searched CVC and still have found NO section what so ever stating a nitrous system is illegal. CARB number or not...a CARB number is necessary for a modification that is at use and continuously acts on the running state of an engine. The ARB or CARB in CA has also proved these systems do not effect the emissions system. So the fact there is no law WRITTEN against it,and it has been WRITTEN by the same Bureau who wrote these laws that "Nitrous systems do not reduce the performance of a vehicles emissions system" how is this justified under 27165(b) and how is it illegal?

 

[Quik Z06]

Lol it doesn't even need to list "Nitrous" to make it illegal. Hell I've been given a ticket for a catback exhaust, why? Because it was an "illegal modification" The car was modified from stock which gives them the right to ticket you. I know most LEO's are pretty cool about intakes, exhaust's etc but if they really wanted to they could cite you.

IMO it really depends on the cop. As mentioned my buddy was pulled over last month and had a full bottle, and it was even armed ready to spray, the cop knew about the kit (as he had him pop the hood) and he didn't get ticketed for it.

As mentioned, can someone correct me if im wrong, but isnt the state ref closed? How would they send you to a ref if you cant go.