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Fined for being a gross polluter in a S30?


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So I was driving around in my 71 240z when a cop car started following me, I made sure I didn't do anything wrong, but i guess he saw a bit of smoke pop out of my tailpipe after i left a stop sign. pulls me over and gives me a fix it ticket for being a gross polluter with excessive exhaust smoke. I know it sometimes smokes a bit when i start from stop (burning oil) but he told me to show another officier after i fix the problem, and show him my smog certificate...... i told him my car is exempt, and he was like " oh... well just show him its not smoking anymore and pay the deduced $25 fine."

 

I live in san francisco, california

can an officier give me a ticket for being a gross polluter even though i'm smog exempt?

thanks

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So I was driving around in my 71 240z when a cop car started following me, I made sure I didn't do anything wrong, but i guess he saw a bit of smoke pop out of my tailpipe after i left a stop sign. pulls me over and gives me a fix it ticket for being a gross polluter with excessive exhaust smoke. I know it sometimes smokes a bit when i start from stop (burning oil) but he told me to show another officier after i fix the problem, and show him my smog certificate...... i told him my car is exempt, and he was like " oh... well just show him its not smoking anymore and pay the deduced $25 fine."

 

I live in san francisco, california

can an officier give me a ticket for being a gross polluter even though i'm smog exempt?

thanks

 

Yes.

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So far as I understand the law - and I'm sure others can provide more details as necessary - he can. Older cars aren't exactly "smog exempt", they're exempt from the periodic testing - you're actually required to keep the smog gear completely operational. In fact, they can write you a ticket to have your car smogged at any time (all the gear present and operational, smog within tolerances), which I get the impression he passed on in your case.

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nope, but if the police station looks to see that you have all of the smog stuff removed then they can give you a ticket for that.

 

kinda weird though that he gave you a ticket on the spot, how does he know that you are polluting? did he have a tail pipe tester in his car?

 

'd fight it.

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Here in Oregon, you can be cited for "visible smoke". I think only the Portland and Medford area's presently have a DEQ inspection requirement be done every 2 years when you renew your tags. The rest of us are "exempt" (for now), but the visible smoke applies statewide.

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nope, but if the police station looks to see that you have all of the smog stuff removed then they can give you a ticket for that.

Not true, all they have to do is suspect it is a gross polluter. A small puff of black or blue smoke, stinky smell, strange engine sound etc. Has nothing to do with being smog exempt. In California smog exempt is an incorrect term BTW, your 72 240Z with a 2JZ, Rb25, SR20, LM7 or whatever can be sent in to have a smog inspection at any time.

 

kinda weird though that he gave you a ticket on the spot, how does he know that you are polluting? did he have a tail pipe tester in his car?

They do not have to prove anything to you.

 

'd fight it.

And go before a judge who did not get laid the night before and turn a fix it ticket into the possibility of a smog check or referee inspection?

 

Just fix the smoke problem and find a police officer to sign it off.

6 degrees of separation says that you can find someone who knows one that will sign it off for a few beers and some fish and chips at the local Irish pub.

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there is an 800 number you can call and turn in the license # of a car if you see it smoking.i think they end up getting sent for a smog test or a trip to the referee or something like that.to me this sounds like a good pratical joke to do on somebody that pisses you off-like that redneck in the hopped up dodge cummins truck that just cut me off-and lays down a huge smoke cloud

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Methinks you misunderstood the ticket.

The CVC clearly has a section regarding visible smoke, and...er....having been pulled over by the CHP in two separate incidences for 'excessive smoke' (which IS a citation worthy offense) I can say indeed the section exists. To Wit: CVC Section 27153. "No motor vehicle shall be operated in a manner resulting in the escape of excessive smoke, flame, gas, oil, or fuel residue. The provisions of this section apply to motor vehicles of the United States or its agencies, to the extent authorized by federal law." (Look on your ticket, dude, it tells you the CVC section you were cited for! You can even go online to check out what it says...exactly!) You can try and joke with the judge saying you were operating within 27156.3, I tried that on the second stop with the CHP, and he had to go to the cruiser and look it up. Came back LAUGHING and gave me an escort to the next offramp so I could pull over and call someone to come get me instead of giving me a ticket!

 

A "Gross Polluter" is a separate classification and can only be rendered after failing a SMOG test.

 

At any time a CHP or LE Officer in CA can pull you over because of smoke. They can also inspect you for operating smog equipment. If they suspect you are modified, they can cite you and send you to the referee.

 

The 'exempt' cars are ones without an engine or chassis newer than 1954. That was the year the state strted emissions controls devices. Before that, nothing. 27157, 27157.5, and 27158 gives the 1955 date reference. Yeah, I been through this all before. They tell you what the rules are guys! It's all written down. You just take the time to read and it 'gets you things' in some instances!!! :D

 

In 66 there were major changes like AIR injection, etc... And yes, those parts have to be on there if they stop you.

 

The exhaust system section of the CVC, read and be amazed:

 

http://law.justia.com/california/codes/veh/27150-27159.html

 

The SCARIEST PART is the VERY LAST SECTION: 27159.

 

"27159. Any uniformed member of the California Highway Patrol may order a vehicle stored when it is located within the territorial limits in which the member may act if requested by a representative of the State Air Resources Board to remove the vehicle from service pursuant to subdivision (f) of Section 44011.6 of the Health and Safety Code. All towing and storage fees for a vehicle removed under this section shall be paid by the owner."

 

Anybody know that an ARB guy can make that arbitrary decision and tell that local Chippy standing by to 'impound that one, officer'...Then you can argue the merits of Subdivision Section 44011.6 (f) of the Health and Safety Code... (it applies to heavy duty trucks, take it easy...)

 

Like Frank Zappa says "Somebody comes to take your ride!" :angry:

Edited by Tony D
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You can try and joke with the judge saying you were operating within 27156.3, I tried that on the second stop with the CHP, and he had to go to the cruiser and look it up. Came back LAUGHING and gave me an escort to the next offramp so I could pull over and call someone to come get me instead of giving me a ticket!

 

 

Hahaha... I read that section and started laughing. Maybe a sign on the side of the car advertising the local pest control company might get you by :D

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You might want to work on the problem. Flush the engine with a cleaner and use 20-50 oil and add some STP or other additive. Valve seals can be done without tearing down the engine. Years ago I went from using a quart of oil every 1000 miles to one every 3000 miles by going from 10-40 to 20-50 in a chevy 350.

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thanks for the reply guys.

great information Tony D.

That helps, I was going to argue that my engine wasn't warm yet when he pulled me over, and a 40 year old car tends to smoke before warmup. But now I'm might not want to risk anything, and just pay the fix it after getting a officer to sign it. Didn't know my S30 still can get sent to the ref. I don't have anything crazy, l28et T4 SDS but all the emissions equipment are gone...

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Don't pay, put it in a move to another state fund. You can live in my sisters room since she is gone and married now. 2 car garage, you can keep your stinky Z on the far side.

 

I'm curious what happens on deceleration when you have carbs and it gets very rich if you let the engine brake you. I know on my Z you can not only smell it but you hear it popping and **** in the pipe. Since I'm the only one who drives my car, I can't say what sort of smoke comes out the back. I guess with the FI or carbs you could set it lean, for your inspection?

 

Oh god think about the British cars. All the Triumphs and MG's that get owned by the pollution rules. For godsake if they aren't dripping, leaking, or smoking, they are probably all out of oil anyway.

Edited by josh817
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  • 3 weeks later...

just an update,

i found some officer to sign off on the fix it ticket, but foundout that the original officer who gave it to me game me false info. I have a mandatory courtdate because he tacked on gross polluter. so i'll go to traffic court in a few days, and see whats up.

When i have time, i'll do a dry and wet test, to see if i should do the valves.

I've been tailed before and usually they just wanna checkout the z, but guess this guy drives a prius on his time off.

Edited by thewaiverproject
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