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Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 1:40 pm
by Christos Adam
Bob Beamesderfer wrote:
I know in California you are required to have only two brake lights but apparently all the cars manufactured from 1984 and beyond need to have a third light .
It is required, despite what Mr. Jessup has quoted. California has a section of the vehicle code that says all cars licensed for use on a public highway must comply with all Federal DOT standards. So, yes, you have to have an operating center brake light because your car was made after 1987.

Marcus, are sure that the certification cops need to make field evals on smog equipment isn't from the state Bureau of Auto Repair? That's the one I've always heard about. Fed DOT doesn't deal with Calif. smog regulations and SAE isn't a regulator.
Good to know that Bob

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 1:46 pm
by Christos Adam
OK so a friend of mine heard about my issue and he emailed today the following:

Sell your car to a friend.
Go to court to talk about the ticket and tell them you sold the car for off-road use only.
They excuse the ticket.
Then a few months later you buy the car back.
By then you have the car prepped to get smogged without going to ref.


I know that it's too much trouble for nothing, but I'm curious if that would really work from a legal point of view?

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 4:16 pm
by John Coffey
Since 1974 the California Highway Patrol has been authorized by the state's revised implementation of the 1970 Clean Air Act amendment to inspect vehicles (visually and using roadside sniffers) and issue "Notices of Correction" for those vehicles that fail either type of inspection. In 1977 that authorization was expanded to allow CHP officers to act as agents for the new emissions compliance program. With the implementation of California's Smog Check program in 1982 that authority was expanded to county and city police forces who undergo specific inspection and enforcement training through BAR or establish a "train the trainer" system.

What Christos has gone through has been happening since 1982 and shouldn't be a surprise to anyone. Its happening now with apparent greater frequency but that's most likely a result of the ESPN affect.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 4:19 pm
by John Coffey
OK so a friend of mine heard about my issue and he emailed today the following:

Sell your car to a friend.
Go to court to talk about the ticket and tell them you sold the car for off-road use only.
They excuse the ticket.
Then a few months later you buy the car back.
By then you have the car prepped to get smogged without going to ref.

I know that it's too much trouble for nothing, but I'm curious if that would really work from a legal point of view?
Your friend is an idiot. The car's VIN is already flagged at the DMV and whomever owns it will face a big battle getting it smogged.

EDIT: Didn't mean to sound harsh but I don't think you understand. Your Miata is now flagged in the system regardless of the court outcome. That car must pass through the referee process regardless of the owner if its continue to be registered in California. The court's decision will not change that, its now in the hands of the DMV and BAR.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 4:25 pm
by Christos Adam
John Coffey wrote:
OK so a friend of mine heard about my issue and he emailed today the following:

Sell your car to a friend.
Go to court to talk about the ticket and tell them you sold the car for off-road use only.
They excuse the ticket.
Then a few months later you buy the car back.
By then you have the car prepped to get smogged without going to ref.

I know that it's too much trouble for nothing, but I'm curious if that would really work from a legal point of view?
Your friend is an idiot. The car's VIN is already flagged at the DMV and whomever owns it will face a big battle getting it smogged.
But would it need to go through referee or just smogg?

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 4:37 pm
by John Coffey
See above.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Wed Sep 30, 2009 10:25 pm
by Bill Schenker
Chris, think about this - and I believe it has already been stated: you are now down a never-ending road. You well be dealing with this as long as you have a car that looks like yours. Even if you find a way to beat it this time, it's just a matter of time before you get busted again.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Thu Oct 01, 2009 8:43 am
by Marshall Grice
Bill Schenker wrote: Even if you find a way to beat it this time, it's just a matter of MINUTES before you get busted again.
fixed that for you Bill.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Thu Oct 01, 2009 9:05 am
by John Coffey
At a minimum the Miata is now in the Directed Vehicle Program:

http://www.bar.ca.gov/80_BARResources/0 ... icles.html" onclick="window.open(this.href);return false;.

Also, its one more negative data point to the High Emitter Profile which may ultimately require all Miatas to be part of the HEP program and have to undergo annual smog checks.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Thu Oct 01, 2009 6:36 pm
by Craig Naylor
John Coffey wrote:At a minimum the Miata is now in the Directed Vehicle Program:

http://www.bar.ca.gov/80_BARResources/0 ... icles.html" onclick="window.open(this.href);return false;.

Also, its one more negative data point to the High Emitter Profile which may ultimately require all Miatas to be part of the HEP program and have to undergo annual smog checks.
Steve E., here's the reason we've been nailed to the "every year" program. All the damned ricers out there.

Profiling: I know that's why I've been pulled over the couple of time's I've written about. Then once they've seen the middle aged guy (I didn't just say that!I, crap, erased or not I still thought it.... oh well... arrgh!) with no wants / records / violations / clean driving record.... them hem and haw about why they pulled me over for the made up excuse they started with.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Thu Oct 01, 2009 10:26 pm
by Webster Jessup
The Greddy stickers work if you don't have any other crazy sh#$ on the engine. It sounds like you do though.

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Fri Oct 02, 2009 10:19 am
by Christos Adam
Greddy didn't make a turbo for 94 miatas, so I need a Begi sticker.
I contacted Begi for a sticker but they need a picture of my engine bay and I'm not comfortable with that }:) }:)
I think that this time I was almost ready to get away with it (if I had a CARB sticker) so my goal is to get one.

I'm planning to paint the car blue again and remove all the stickers - hopefully it won't look so riced out that way.

Do you think I can remove the engine together with the turbo and downpipe?
If that's the case I might do a complete swap (engine with accessories & intake and exhaust mani) as Tom and Steve suggested earlier...

Re: Pls advice - got pulled over and now need to go to a referee

Posted: Fri Oct 02, 2009 11:53 am
by Reijo Silvennoinen
Move away from communist California? :)