pofi

I'm wondering about the legality of installing non-carb certified parts (like the OBX headers) on my car in california.

As far as i can tell, from the research i've done, is that it seems like it is actually illegal for you or the dealer to install headers that do not have this certification. It would be considered "tampering" with emissions control parts in your car. What a problem!

Does anyone have any more concrete info on this topic? Shouldnt it be legal if it passes a smog check, no matter how un-certified the parts may be? I want to get the obx headers, (especially for $375), but the whole legal issue is bothering me....

Thanks for any info...

pofi

somebody help me!!!!

Nitin

iTrader: (1)

I'm sure OBX is working on getting CARB certification so you should just wait a bit and see what happens.

Mike

Call OBX and find out if they're persuing CARB cert in Cali.

pofi

Lets assume for a minute that they are not, and wont ever have carb certification. Does it totally make it illegal for me to install on my car? And how would they find out if i did install it? Is passing smog all i need to worry about, or is there some sort of crazy inspection i need to worry about as well?

Mike

At that point *I believe* it does become illegal to install it on your car. A smog shop will probably never know they aren't the oem headers so passing smog is all you need to worry about.

jimcol711

have someone photocopy the CARB certificate from comptech for you...and show that if you ever get questioned...no stupid cop or emissions worker will know the friggin difference between the comptech or OBX headers!!! thats what i would do!!

pofi

Ok... now for the big question: do you think a dealer will install them for me and warranty the work? My dealer does install comptech headers and warranty the work - do you think they will make an exception because the headers aren't carb certified?

dhlesq

I'm doing some research for you right now, intermixed with my responsibilities at work.

Disclaimer: This is not legal advice and is provided for informational purposes only.

Early impression (Short Version):

It's a fix-it ticket


Early impression (Long Version):

California Health and Safety Code sec. 43011 authorizes the California Air Resource Board (CARB) to establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices.

California Vehicle Code sec. 27156 prohibits any person from operating a motor vehicle not in compliance with CARB standards (ie not CARB certified).

California Vehicle Code sec. 27156 also prohibits the installation, sale, or advertisement of any device, apparatus, or mechanism that alters the vehicles original pollution control device or system, absent CARB certification.

California Vehicle Code sec. 27156 also provides that a traffic officer may issue a notice to appear (traffic ticket) or file a complaint (with the DA) for violation of the statute.

California Vehicle Code sec. 27156 also provides that the person to whom the notice to appear is issued or against whom the complaint is filed must produce proof of correction pursuant to section 40150 or proof of exemption pursuant to section 4000.1-2.

California Vehicle Code sec. 40150 provides that the person shall produce in court satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of the code.

California Vehicle Code sec. 4000.1-2 doesn't really apply to our discussion because nothing on these cars is exempt.

Note: I'm not sure about this but there may be a temporary exemption for bringing an out-of-state non-CARB car into CA

So...

It's a fix-it ticket

That being said, when issuing a fix-it ticket, the police officer may, at his discretion, have your car impounded.

dhlesq

Yes, it is illegal to install a non-CARB certified device on your car.
If you do it, and if you are caught, it will be a fix-it ticket.
They will catch you only if a police officer sees it(which is almost impossible).
If you fail to pass smog inspection (every 2 years I think), then you will need to put your stock headers back in and try again.
As far as I know, there is no inspection unless you petition for smog exemption, which you won't do.

Basically, it's as illegal as tint on your front windows, except that a cop can't tell you're in violation as he writes you a speeding ticket.

pofi

Thanks dhlesq for all the info! i know what i should do now...
(call my dealer and see if they'll install /warranty them for me )

dhlesq

Hehe, glad I could help.

It's always better to gather the facts, make your own calculated decision, and go forward with confidence.

pofi

Ok here is an update for those who care:
i called ball acura in san diego (national city) and asked them if they would install a non-carb certified header...
they said without hesitation: "Sure!! As long as you know that it wont pass a visual smog inspection" Then i asked about the warranty: He said they will warranty the install, and it wont affect the warranty of anything else like the engine, etc...

As far as costs go, they said it would be about 2 hours of work, so about $150...

What do you guys think? I'm glad my dealer isn't weird like some dealers who blame transmission failures on CAI

moomaster_99

Okay...this is from first hand experience with the CARB in California. If an officer asks you to pop your hood, they are looking for something that doesn't comply with CARB usually. If you are pulled over during certain hours and areas which are known for modded vehicles and street racing, they will usually have a big fat book with CARB numbers for types of mods and applications. Now, you can say all you want about the OBX being the same as Comptech, but without CARB it is a fix-it ticket straight to the SMOG REF, who will perform every test on your vehicle, including visual with lots of gusto. Now, if OBX CARBs these headers...much applause to them, but for the price they are selling the headers for....do you really care? No, I didn't think so and if you do...pony up the extra bucks and buy a CT header. Bascially, you are supposed to have CARB stickers under your hood for each and every mod that affects the engine performance of the vehicle...

pofi

Yeah, i don't do street racing or anything: I seriously doubt a cop will ever pull me over and ask me to pop my hood... although i understand the concern of those who that might happen to.

moomaster_99

Just don't get caught out at night where they do street race or are known to gather....

CocoTypeS

yeah don't need to worry about it being illegal unless the cops ask you to pop your hood and even then they probably wouldn't know your heads were aftermarket and not carb legal. Just worry about smog, or if you know someone that will smog your car don't even worry about the illegal carb issues.