Effort to stop immediate fines for loud car exhaust in California takes a big step forward as bill amendment passes legislature

SEMA-sponsored bill SB 112, which amends a controversial 2018 law prohibiting police from issuing “fix-it tickets” instead of immediate fines to motorists for a loud car exhaust over 95 decibels, passed the California State Legislature on September 13.

The amendment will become law immediately if signed by California Governor Gavin Newsom.

Known more formally in many jurisdictions as an “order for repair,” a “fix-it ticket” allows a motorist a period of time, such as 30 days, to prove the completion of repairs that bring a vehicle back in compliance with safety regulations.

Advanced by California assembly Members Tim Grayson (D-Concord), Tasha Boerner-Horvath (D-Oceanside), Phil Ting (D-San Francisco), Phil Chen (R-Diamond Bar), Senator Holly Mitchell (D-Los Angeles), SB 112 is a budget trailer bill, which could move through the legislative process faster.

According to SEMA, under normal California legislative procedure, the amendment could not have been implemented until January 2020. Accelerating the process supports the prospect of more timely relief for enthusiasts and aftermarket exhaust manufacturers who believe they have been unfairly impacted by the power of police under the existing law, AB 1824, to impose an immediate fine for a “suspected exhaust noise violations.”

Since being signed into law by then-Governor Jerry Brown in June 2018, AB 1824 generated considerable controversy among enthusiasts and automotive industry leaders and wide coverage in the automotive media. Popular automotive podcasts such as The Smoking Tire and Overcrest, for example, have devoted entire episodes to covering the controversy among enthusiasts over Califorina’s loud car exhaust law.

While other states have loud car exhaust laws that are nominally stricter in terms of the allowable decibel level, it was the power to impose immediate and arguably highly burdensome penalties that ignited intense controversy.

Continuing to operate a cited vehicle becomes immediately illegal, and a fine of up to $1,000 can be substantial for a motorist of average means. The immediate nature of the penalty also raised questions about whether the law deprived citizens of the right to due process.

“SEMA thanks Assembly Members Grayson, Boerner-Horvath, Ting, and Chen and Senator Mitchell for their tireless work on behalf of the over 1,700 member companies based in the Golden State,” said Daniel Ingber, SEMA’s Vice President for Legal and Government Affairs. “Thanks to their efforts, enthusiasts in California will continue to be afforded due process under the law.”