PDA

View Full Version : New Ticket Challenge: 27156(b)



Blaze
10-31-2006, 02:50 PM
Hi Guys:

I have a ticket challenge for y'all today.

The vehicle was pulled over and sited in violation of 27156(b) and then tagged to go to a state ref for sign off. The citation was given by an inexperience cop who declared the stock exhaust to be "modified", conducted a vehicle inspection and then spotted a turbo timer and HKS SS valve.

27156(b) is rather generic and (below) states that there is "some type of emissions violoation." Normally, something like this would be no sweat, but unfortunately the actual engine in the car does not match the one that came with it. Consequently going to the ref right now is a recipe for a larger ticket.

I'd like to fight the ticket with the goal of having it dismissed, but the fact that the VC is so vague makes it hard. You can't state, "No, the exhaust is stock and meets the DB requirements" or "The vehicle is equipped with an OE airbox and passed smog on such and such a date".

I don't believe you can pay the fine in lieu of visiting the ref as it will catch up sooner or later.

Suggestions? There's some good info in a few threads, but nothing directly applicable to this.

No person shall operate or leave standing upon any highway any motor vehicle which 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. Secs. 1857f-1 to 1857f-7, 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 which is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.

kimletrim
10-31-2006, 02:56 PM
Blaze: If the ticket was for a modified exhuast and the driver had a stock exhuast, I would argue that the cop had no "reasonable suspicion" for pulling him over. If the cop had no reasonable suspicion to pull him over, everything after that is "tainted evidence picked from the posion tree" Its a tough argument, but I firmly believe that cops need more than just a belief that the exhuast sounds loud in order for the exhuast to be considered illegal and thus warrant a vehicle stop.

gnulooks
10-31-2006, 03:24 PM
Don't worry about the engine too much, the ref just wants you to pass a visual inspection and smog test. You can challenge the ticket, but nothing will matter until the ref gives the final results. Your pretty much looking at an expensive fix it ticket...

kimletrim
10-31-2006, 03:35 PM
The problem is that the visual inspection includes a looky under the engine. They will look to ensure that the vacuum lines are where they should be. If there is any kind of variance, the inspection will fail.

Blaze
10-31-2006, 03:42 PM
The problem is, the engine does not belong in this car.
If if the new engine is identified, it means:
1. labor to pull the engine out.
2. $$ to pay for a replacement OE engine (as the stocker is blown to shiznite)
3. Wasted money on the other engine/or more money to swap back.

The issue with the ticket is that it does not clearly define what emission device is or was modified. So it's hard to decisively fight any one item. OR perhaps that should be the key to the defence?

I've got a lot of time to play with this. So keep the suggestions coming and if it all works out, I'll do a A-Z write up on it.

gnulooks
10-31-2006, 06:11 PM
I'm a little lost, but what kind of car are you talking about? Is this your car, is it a Evo or something else, like a Honda??? When you say the engine does not belong in the car, is it a totally different engine swap for another engine? You need to give some info to get some imput back. If all you did was a 4G63 swap, then you are not going to have any problems because no one is going to look at the VIN number on the engine.

Gear Grinder
10-31-2006, 06:23 PM
the last I checked, it is not illegal to replace a blown engine. Now if it's stolen then thats another story. You better get it out of the car quick.

Skiracer
10-31-2006, 06:25 PM
The ref looked at the VIN numbers on my engine...

gnulooks
10-31-2006, 08:59 PM
The ref could look at the engine VIN and verify whether or not its stolen. As far as engines are concerned, I hardly every see any get entered into the system as stolen. So Blaze, are you running around with a hot Evo engine!!!

Blaze
10-31-2006, 09:20 PM
The ref looked at the VIN numbers on my engine...


This ticket applies to an 92 MR2 (3SFE) converted to a 95 engine + ECU 3SGTE.
This has nothing to do with my car. But when I did a quick search on the subject, I saw that a lot of evo owners have been sited for this. So it'd be nice if we had a centralized "rapid defence".

And yes, Refs will look at as much or as little as they feel obligated to. Maybe he could walk in and the ref wouldn't notice a thing. But the consequences to him noticing are too expensive to fathom, so it's best if I can help nip this at the bud.

Blaze

Skiracer
10-31-2006, 09:21 PM
The ref told me they looked at VIN's to make sure i didn't do an engine swap.

Blaze
10-31-2006, 09:30 PM
The ref told me they looked at VIN's to make sure i didn't do an engine swap.


You have a painted red valve cover.
OF COURSE you did an engine swap.

It's kind of a blessing and a curse. Cops often believe that. But Refs always seem to know what is and isn't legit. At least you know where you stand consistantly with them.

miragetbo1997cc
11-03-2006, 11:06 AM
Engine swaps are legal as long as there is a USA equivalant.And it's the same year or newer.As long as you have a US ecu and the US smog stuff,you can get it BAR'ed.As for the turbo timer hide it.As for the HKS BOV .Put the stock diverter valve in and call the Ref for an appt to get it Legal.At least that's what Ive seen.Never had it happen to me.My colt passes visual with the 4G63 in. I just tell them that it's a 1.6