A Legal Guide to Customizing Your Vehicle in California
In California, the legal framework governing car modifications is primarily grounded in the California Vehicle Code (CVC), which outlines the standards and regulations that vehicles must adhere to. Modifications that do not meet these standards can result in fines and penalties, as well as potential liability issues in the event of an accident.
The CVC includes specifications for numerous vehicle components such as emissions systems, lighting, and window tinting. For example, the CVC limits the amount of tinting allowed on front windshields and requires that front windows be at least 70 percent light transmittance. Window tinting that exceeds these limits is subject to a fine of $25 for the first offense and $197 for subsequent violations. Beyond fines, improperly modified windows can increase the risk of serious injury in an accident.
When it comes to emissions, the CVC prohibits the removal, alteration, or rendering inoperable of any emission control device unless another device of equal performance is installed. In addition, CVC section 27156 exempts aftermarket equipment from tampering laws so long as the equipment has been certified by a recognized automotive organization as compatible with the specific make, model, and model year of the vehicle. If a modification is not certified , the owner may face a penalty of up to $500.
Other vehicle modifications, such as lift kits used to raise suspensions, can fall into a gray area. While modifying the suspension system may give a driver a better view of the road, a higher lift can have negative consequences, such as creating a larger blind spot.
In terms of liability, in the event of an accident, all parties involved may attempt to shift some or all the blame to the party responsible for the modifications. Owners of modified vehicles may face chances of liability that they might not otherwise face if their vehicle had been unmodified. In addition, insurance companies may refuse coverage for damage to modified parts of the vehicle, such as an aftermarket stereo system.
When it comes to modifying a vehicle, in order to comply with California laws, one must comply with the following guidelines: This section does not include all car modifications that are forbidden in California. The law provides for a broad range of prohibitions that many vehicle owners may be unaware of. In a worst-case scenario, not only do such violations create significant safety risks, they may also lead to financial liability in case of accidents. Be sure to review all applicable laws before making car modifications.
Emissions and Exhaust Rules
Emissions and Exhaust Regulations – Exhaust Systems and Catalytic Converters
As a state focused on air quality, California holds some of the nation’s strictest emissions regulations for all types of vehicles. The California Air Resources Board (CARB) is responsible for establishing and enforcing emissions standards across the state. California emissions laws are enforced by multiple local and regional agencies, including the Bureau of Automotive Repair (BAR), California Highway Patrol (CHP), Department of Consumer Affairs, California Department of Justice, Attorney General’s Office and other law enforcement agencies.
In short, emissions laws dictate the "smoky" and "noisy" aspects of your modified car. These laws regulate the emissions equipment on your vehicle, such as the exhaust system, catalytic converter and muffler.
For example, out-of-state vehicles registering in California must meet environmental standards for emissions. Additionally, any replacement parts purchased for these vehicles must be "smog check approved." There are various categories of smog approved parts based on requirements set by the manufacturer. It is illegal to install parts (like an exhaust system) that do not meet emissions standards.
California emissions standards are strictly enforced by the BAR. If you modify your car in violation of emissions laws, the BAR may place a "Stop Order" on your car, preventing you from selling or selling it. You may also be required to remove the illegal part, restore the vehicle to its original condition, and/or be fined.
Lighting and Tinting Regulations
The California Vehicle Code is very clear in stating that headlamps must be white, clear, or amber in color. The only time this law allows for a headlamp to be some other color is for emergency vehicles or off-road vehicles or use on private property.
Although the vehicle code is also clear that other lights cannot be used to distract, dazzle, or blind the driver of another vehicle in any way, this has not stopped many people from using blue or red lights that are identical in appearance to emergency vehicle lighting.
True emergency vehicles are allowed to have blue and red lights, even when they use them but the law states that regular vehicles cannot. Even so, many police officers in my area, as well as throughout California seem to have little issue with an non-emergency vehicle using blue or red lights. In fact many officers will use these lights when he or she is out to lunch or running other personal errands, simply because he or she believes this encourages other drivers to safely yield to them.
In California, headlights that are incorrectly aimed are illegal and are a common cause of accidents both at night and during the day. High beams which are used in a situation where they would blind oncoming traffic can be illegal even in the dark of night and all high beams should be dimmed from 500 feet for oncoming traffic and dimmed 300 feet for any vehicle being followed.
In California, both the tinting of windshields is regulated by law. It states that the windshield has to work properly and be clear of obstructions. It also states that the tinting cannot be above the AS-1 line which is the fee line in the factory tint done by the factory. There are some exceptions to this, such as a sun strip that can be tinted above the AS-1 line if the driver and passenger side windows are free of tinting.
Tinting on the front two passenger windows must allow at least 70 percent light transmittance, plus the windows cannot have red, amber, or non-reflective gray tint. The law also states that the tinting cannot be above the AS-1 line, but again, there are some exceptions to this.
On a coupe or sedan with no rear windows, the law states that these can be tinted in dark film that allows only a 40 percent transmittance.
The tinting for SUVs, vans, or pick ups has to allow at least a 70 percent light transmittance, although the rear windows and rear window tinting can allow as little as a 20 percent transmittance.
Lifting Kits and Suspension Changes
Lift kits are aftermarket components that can raise the height of a vehicle’s suspension, and collision repair shops often encounter these kits during the course of vehicle repair. Lift kits raise the overall ride height of the vehicle, and may include spacers, coils, control arms, or other components intended to lift the vehicle’s center of gravity. Broadly speaking, lift kits are classified as body lift kits or suspension lift kits, and both kits are subject to California Vehicle Code (CVC) regulations. California requires lift kits to be installed in such a way that they do not increase the vehicle’s center of gravity or tire coverage. Though these regulations are somewhat lax, most California collision repair shops utilize discretion to ensure their customers’ vehicles are not excessively raised above the factory specification under which the vehicle was manufactured. Although CVC regulations may vary among states, many require a minimum vertical center of gravity height and restrict the overall height variance to a few inches. This ensures a vehicle retains stability when the wheels travel over road bumps or potholes. However, some CVC regulations prohibit any increase in vehicle’s vertical center of gravity and wheel travel. In the event of a serious collision, such a vehicle may pose a substantial risk to all who travel on the road.
California (CVC) Section 28120 allows the lifting of the front or rear of a vehicle by a maximum of six inches and provides exceptions for increased vehicle height. CVC Section 28120 states: "(a) Ride height control devices may be used to raise or lower the front or rear of a motor vehicle, except as follows: (1) Those devices shall not have a lift height of more than six inches (measured as specified in 13 C.F.R. 1270.9). (2) No device shall be used that increases or decreases the ride height of a vehicle such that it does not meet the following requirements: (A) The front axle centerline of the vehicle is no more than 4 inches greater than the rear axle centerline of the vehicle. (B) No point on the front tires and no point on the rear tires designed to contact the roadway when the vehicle is in normal operation shall be more than 6 inches above the pavement at any time. (C) No point on the inner sidewall of the front tires and no point on the inner sidewall of the rear tires designed to contact the roadway when the vehicle is in normal operation shall be more than 6 inches outside of the vehicle body. (3) Ride height control devices may be used to lower the front or rear of a vehicle that is equipped with equipment designed for driving on a highway if the devices meet the requirements set forth in this section. Upon initial operation on a highway, the vehicle shall be at a height that conforms to the requirements of this section. Thereafter, the vehicle may be lowered by the use of the ride height control devices as long as the lowering does not violate the requirements of this section. (b) A person shall not sell or offer for sale, or install or install for compensation, any device that does not meet the requirements of subdivisions (a) and (c) and Section 24008.5 of this code. (c) Nothing in this section prohibits the installation of a standard suspension spring on a noncommercial motor truck with a single rear-axle rated at more than 6,000 pounds.
Noise Restrictions for Modified Cars
For newly modified vehicles, the statewide exhaust noise ordinance is as follows: However, for existing vehicles that were modified prior to January 1, 1976, it is the Municipal Code that governs its exhaust noise level. For example, Los Angeles Municipal Code ("LAMC") 41.40 states "(a) No motor vehicle shall be operated which emits an exhaust noise level in excess of the following noise limits: 70 dB(A): (1) For motorcycles manufactured prior to January 1, 1975; and (2) For all other motor vehicles except motorcycles manufactured prior to January 1, 1975. For all motor vehicles except motorcycles, any replacement muffler or exhaust system must be equally as effective in dissipating noise as the original muffler or exhaust system that came with the vehicle." Exceptions to the LAMC are: Noise levels from motorcycles are regulated by California state law in the adopted California Vehicle Code (CVC) , Section 27201. The relevant language of Section 27201 states "This section shall apply to motorcycles manufactured on or after February 10, 1976, except for mopeds, off highway motorcycles, and racing motorcycles. (b) Any person operating a motorcycle shall not operate that motorcycle which emits noise in excess of the following acceptable sound levels at specified engine speeds: (1) 86 dB(A) at one of the following engine speeds, whichever is applicable: (A) 2,250 rpm, if engine displacement is 250 cc or less. (B) 3,500 rpm, if engine displacement is greater than 250 cc but less than 700 cc. (C) 5,000 rpm, if engine displacement is greater than 700 cc. (2) 88 dB(A) at one of the following engine speeds, whichever is applicable: (A) 2,000 rpm, if engine displacement is 250 cc or less. (B) 3,000 rpm, if engine displacement is greater than 250 cc but less than 700 cc. (C) 4,500 rpm, if engine displacement is greater than 700 cc.
Wheel and Tire Modifications
California law has very specific guidelines for modifications, either on your own or when performed by a shop, in connection with wheels and tires. For example, it is unlawful to do the following:
Wheel-Well Coverage The law states that the tires must be below the fender lip and cannot be covered by debris, including dirt. In layman’s terms, the requirements are noted below. If your car is manufactured without a headlight wiper, do not install a headlight wiper cleaner. Wheels must be equal of greater in diameter than the OEM wheel size. The following wheels are exempt from the above rule: All wheel modifications must meet the following criteria: Wheels must be at least half the width of the OEM wheel. The following wheels are exempt from the above rule: All wheels must be approved by one of the following agencies: All the above agencies perform a sample check on their wheel approval and certification models for approximately 5,000 to 10,000 miles for one of their models used in the test. All tires manufactured for use on public highway vehicles are required to meet U.S. D.O.T. (Department of Transportation) regulations.
Penalties for Illegal Changes
The consequences of violating California’s car modification laws usually involve legal and financial penalties. Modifications that violate California Penal Code Section 26708 (a) (1) (A) and (F) can bring fines ranging from $25 to $250 for the first offense. There can also be an administrative fee assessed depending on the municipality and the law enforcement agency. This does not include potential fees resulting from requesting an administrative hearing regarding your citation.
In the case of larger modifications, such as air bags or exhaust systems, the law enforcement officer may impose a "fix-it ticket" where you are given a set amount of time to get the modifications corrected – usually 30 days. Once corrected, the officer can either waive the citation or issue an administrative fee.
If a modification is deemed dangerous or illegal, however, the officer may impound the car and issue additional fines to both you and the tow company. These can range from $500 to $10,000 depending on the circumstances. If an officer determines that the modification is illegal, they may issue the penalties and impound the vehicle without issuing an initial fix-it ticket. If an officer believes the modification to be a safety hazard, they can issue a fix-it ticket to remediate the modification, or possibly deem the vehicle a total loss and demand that it be junked.
California vehicle code section 28120 specifies that any modification to a motor vehicle’s exhaust system cannot make it more harmful to the environment. If the exhaust system is missing the catalytic converter (if the car is made after January 1, 1979), it will be impounded and the above listed penalties may be imposed.
How to Legally Customize Your Vehicle
When modifying your vehicle in California, always prioritize compliance with the law to avoid legal issues or safety concerns. Here are some tips to help you navigate car modification within California’s legal framework:
- Consult Title 13 of the CCR: The Department of Motor Vehicles oversees vehicle emissions to preserve public health and the environment. You can view California’s exhaust emissions standards and guidelines in Title 13 of the California Code of Regulations, Section 1976. This will provide you with details on how the state regulates emissions and how to meet these laws when you modify your vehicle.
- Stay Within Limits: You may need a certificate of compliance after making some modifications. For example, you will need this certificate when lowering your vehicle’s suspension. Manufacturers provide these certificates as part of the modification sales process. You can avoid legal issues by only making modifications that do not require a certificate.
- Check Your Local Laws: Some cities and counties have stricter laws than the state. Before performing any modification , check local laws and ordinances to ensure you are compliant. Certain modifications that are legal in Los Angeles may be illegal five miles away in Santa Monica.
- Contact a Lawyer: If you have any questions about specific vehicle modifications, don’t hesitate to call our firm! We can explain emission rules and requirements to help you avoid costly penalties and fines.
- Look into Aftermarket Parts: Some performance parts legally bypass emission laws while improving your vehicle’s efficiency. You can research consumer reports and product reviews to help you better evaluate aftermarket parts before purchasing. Applying this knowledge will ensure you choose products that comply with state and federal laws.
- Talk to Professionals: You can find many resources to help you understand the legality of specific vehicle modifications. If you plan to make several modifications to your vehicle, talk to an experienced mechanic or automotive professional. They can help you identify any potential issues.
- Keep It Street Legal: An automobile manufacturer cannot just deny a product warranty if the product is in fact legally installed. In this case, it is still the responsibility of the dealer to provide proof that the aftermarket product caused the damage. Review your vehicle warranty paperwork and understand all documents you sign.