OT: The new "tuner" law, Anyone know any details on this? Cops.. Options

[Andyrew]

My dad and i are leary of this new law that allows the cops to pull over any car that is "modified".

Does anyone know any details? or can someone post the actual law?

My dad thinks they can impound my car and crush it and i'll never get it back...

This is on the basis that they pull me over for no apparent reason.

ALSO, knowing that I will never street race, what if they catch me get on it a little, or throw some tire smoke..


Anyways, Im 19, and here are some obvious facts about my car (and soon to be car)

It will have subtle flares, but it will have 18x10's on the back with a lot of rubber.
Brakes look stock, fronts are painted red.
Fiberglass front and rear bumpers w/ (soon to be) lexan rear spoiler
Lights are stock
Front trunk has louvers, not entirely noticable, in body paint color.
Body is factory phoenix red (orange)
Mirrors un decided, but will have left and right.
License plate on both front and rear bumper.
Engine lid stock, can see chrome air filter cover (will paint) obvious sbc
Exhaust is dual, side exit w/ 2 mufflers, should be relatively quiet under normal driving.
Racing seats
Racing harness's
momo wheel, factory guages
Small tubes no higher than stomach (while sitting down) for long to door pillar bracing (follows seat lines)
Black carpet

Thats about all they can see..
Car is a 73, does not need smog...

What can they do to me?

Andrew

[sean_v8_914]

they will crush your car in CA if you get caught street racing. I dont know about just pulled over

[brer]

I heard Arnold crushes them personally.

[sj914]

Here's some usefull info:
vehicle laws forum

[sj914]

Here's some more good reading.

Here

[sj914]

I wonder what'll happen to all those cars that were done in Overhaulin. Gonna get crushed for lookin good.

[Twystd1]

Like Sean said.. In Cali... They can crush your car.

I am trying to hook up with the tow yard to get good parts before they crush em....

Then I found out there are 10 guys ahead of me trying to make the same deal. CRAP..!!!

Twystd1

[lagunero]

I'm not a cop but like my parole officer says "a lot as to do with your attitude". Your car isn't street legal if it's carb'd but unless you live in a place where the citizens pay their good taxes to keep you kids in check, my guess is you'll be OK if they "only" pull you over to check you out. Definitely keep the front plate and put a muzzle on that thang!

[Brett W]

Move out of that shit hole ASAP and drive what ever you want for a lot less than you do now.

[lapuwali]

Someone please point me to the actual law that states they can seize and crush your car. The site pointed to specifys penalties for street racing (one of which is that the car can be impounded for 30 days), and that you must pay towing charges, and that the car will be sold at a lien sale if you fail to pay up. Nowhere does it say the car will be crushed (though it may well be if it fails to sell at a lien sale, or it may be crushed by the new owner).

These kinds of rumors have been spread around for years, and so far, none of them has actually shown up in the text of any actual law. When Smog Check II came out, several radio hosts were foaming at the mouth and insisting that cars as new as four years old could be seized and crushed if determined to be "gross polluters", when the law said no such thing.

Local ordinances against "cruising" and whatnot are common, esp. in the Central Valley. Modesto has had anti-cruising legislation on the books for years. These ordinances aren't necessarily legal, but until someone challenges them in court, they'll stay there as an excuse for local cops to harass citizens. However, destroying personal property is not something any local municipality would be likely to get away with for long.

An ordinance against a "modified" car is also too broad, esp. considering there's a legal entity (the BAR) set up to provide a service to "bless" cars with engine swaps in terms of emissions compliance. There are plenty of sections in the CVC that spell out *specific* modifications that are illegal, but one can't simply that a car is illegal because it's been "modified", only that it's been modified in certain ways.

No, I'm not a lawyer, I've just spent the time to read and understand the Constitution and many California laws. I'd advise everyone to do the same thing, rather than believe everything you read on the Internet.

[Andyrew]

My car is FI, but I thought that didnt matter..

Thanks for all the reading.. but I want to know what james does..

and the actual laws that say what is illegal and not.

[sj914]

QUOTE (lapuwali @ Feb 16 2006, 10:14 AM)

Someone please point me to the actual law that states they can seize and crush your car. The site pointed to specifys penalties for street racing (one of which is that the car can be impounded for 30 days), and that you must pay towing charges, and that the car will be sold at a lien sale if you fail to pay up. Nowhere does it say the car will be crushed (though it may well be if it fails to sell at a lien sale, or it may be crushed by the new owner). These kinds of rumors have been spread around for years, and so far, none of them has actually shown up in the text of any actual law. When Smog Check II came out, several radio hosts were foaming at the mouth and insisting that cars as new as four years old could be seized and crushed if determined to be "gross polluters", when the law said no such thing. Local ordinances against "cruising" and whatnot are common, esp. in the Central Valley. Modesto has had anti-cruising legislation on the books for years. These ordinances aren't necessarily legal, but until someone challenges them in court, they'll stay there as an excuse for local cops to harass citizens. However, destroying personal property is not something any local municipality would be likely to get away with for long. An ordinance against a "modified" car is also too broad, esp. considering there's a legal entity (the BAR) set up to provide a service to "bless" cars with engine swaps in terms of emissions compliance. There are plenty of sections in the CVC that spell out *specific* modifications that are illegal, but one can't simply that a car is illegal because it's been "modified", only that it's been modified in certain ways. No, I'm not a lawyer, I've just spent the time to read and understand the Constitution and many California laws. I'd advise everyone to do the same thing, rather than believe everything you read on the Internet.

(IMG:http://www.914world.com/bbs2/html/emoticons/agree.gif)

I've looked and looked, and it's not spelled out any where about confiscation and destruction of one's modified cars.

Andyrew,

Where did you and your dad hear or see this bit of information?

[lapuwali]

QUOTE (Andyrew @ Feb 16 2006, 10:25 AM)

My car is FI, but I thought that didnt matter.. Thanks for all the reading.. but I want to know what james does.. and the actual laws that say what is illegal and not.

I do software.

I started reading the laws carefully in 1997 when SB42, the bill that originated the 30-year rolling exemption, first appeared. I've continued as the various challenges came up to kill SB42, including the one that finally did the deed.

The actual laws are (mostly) tied up in the California Vehicle Code (CVC). Reading the whole thing will make your eyes cross. Some of the laws, particularly regarding smog, are in the Health & Safety Code (H&S). You can find all of these online. The DMV website has links to many of them. Local ordinances are another matter, and you'd have to talk to the Modesto City Hall. They MAY be online, they may not. The text of most recent laws, and the bills that are currently being debated in the Assembly, are on the Assembly website.

The link posted above to that forum shows a sticky topic that reprints a CHP pamphlet that has a lot of the revelant CVC sections on what is and what is not allowed, and most of it is pretty much common sense. Things like color of lights, what lights, how far you can lower the car, how loud the stereo can be, etc. The penalties for most of these is a fix-it ticket, which means you have to show an officer within some set period (30 days, most likely) that the problem has been fixed, or pay a fine. I'm sure there's some escalation if you refuse to fix the problem, which may ultimately result in an appearance in court, and could easily turn into a contempt of court charge if you fail to provide a good reason to fix the problem. THAT would mean jail time and another (much bigger) fine.

Things like flares, mild lowering, a reasonable exhaust, etc., are certainly not a problem. If exhaust modifications were actually illegal (which they would be if "modified" were broadly interpreted), then Midas would be out of business, since they certainly don't use OEM parts to repair old rusty exhausts.

None of this really prevents some hard-assed cop from hassling you because they feel like it. There's often little to prevent that, unless the cop gets way out of line. I once got a fix-it ticket from a Mtn View cop because the taillights on my truck had faded to the point where they were pink instead of red. After I fixed it, I showed up at the Mtn View station to clear the ticket, and the chief was there and couldn't believe I got a ticket for this. She went: "oh, him" when she saw the name of the cop on the ticket. I expect he got an ass-chewing over it, which is really the only effective deterrent.

[Allan]

QUOTE (Andyrew @ Feb 16 2006, 12:30 AM)

My dad thinks they can impound my car and crush it and i'll never get it back...

It'll never happen... (IMG:http://www.914world.com/bbs2/html/emoticons/cool.gif)

[Mueller]

Only 3 laws I know of that allow the police to sieze your vehicle:

Being a "John" (picking up hooker)

illegal street racing

and "sideshows"

[MikeP]

If you are that concerned, de-tune your motor, throw some catalytic converters on it and go to the refferee at your local DMV, they will certify that your SBC is in the configuration offered in a stock vehicle from 1973 and is now in another 1973 vehicle. The state doesn't care what vehicle your 1973 motor is pushing around as long as it meets the requirements from that year. They will put a nifty little sticker on the door jamb of your car and it will forever after be your get out of jail free card when a cop pulls you over. That said, I've been pulled over in my v8 car and had the cop shake his head look over the engine whistle and tell me to slow down a bit then send me on my way. Not an uncommon occurace for v8 owners I'm told. It really is all about the particular cop and your attitude.

[mrdezyne]

Sounds like your dad is the one trying to pull one over on you to keep you in check. "Son, them damn cops will crush that thing if they even think you look fast". (IMG:http://www.914world.com/bbs2/html/emoticons/slap.gif)

[Mueller]

QUOTE (mrdezyne @ Feb 16 2006, 12:11 PM)

Sounds like your dad is the one trying to pull one over on you to keep you in check. "Son, them damn cops will crush that thing if they even think you look fast". (IMG:http://www.914world.com/bbs2/html/emoticons/slap.gif)

nah, this sounds like a California law...see my other post above....in Oakland, they can and do impound cars for asking for a "date".... (IMG:http://www.914world.com/bbs2/html/emoticons/screwy.gif)

[Allan]

QUOTE (Mueller @ Feb 16 2006, 10:58 AM)

Only 3 laws I know of that allow the police to sieze your vehicle: Being a "John" (picking up hooker) illegal street racing and "sideshows"

Add drug possession to that.

[LvSteveH]

Street racing is a hot button topic in most places, and you will not find the general public very understanding about it given the many stories of races that ended in tragedy. If your vehicle is used in the commission of a criminal act, the protection of "personal property" no longer applies. I'm of the belief that just about anything is ok if you don't get caught, but if you do, step up and offer to push the button on the crusher yourself.