The Drive: California Cop Tickets Stock Hyundai Elantra N for Exhaust Noise.

Some of you need to READ the ENTIRE linked article, and the codification I linked.

The Elantra in this situation failed the test because the test was inaccurately applied. Had the test been appropriately run, it likely would have passed.

The problem is that the law is poorly written. The intent of the law and the application of the law are two different things.

The cop, though he clearly was a bit of a tool, was doing what he is supposed to do (see my linked CA law regarding mandatory tickets).

The car owner needs to get a lawyer and work this out.
 
The Elantra in this situation failed the test because the test was inaccurately applied. Had the test been appropriately run, it likely would have passed.
The car owner needs to get a lawyer and work this out.
And therein lies the problem - the state's representative erred, so the owner of the car (of which I am sure was heavily taxed when purchased) gets to spend money on a lawyer to prove to the state they were wrong.

When he does so, he won't get a refund on his lawyer fees, and absolutely nothing will happen to the police for their error.

Different rules for different folk.
 
When I bought my GLC43 AMG, there was an option to make it louder (and pop) when you decelerate that I passed on because it was more than a little annoying and pointless really. I would much rather hear the sound of the twin turbos versus a popping exhaust.

With that said...California...nothing else needs to be said.
 
digging a bit deeper, from SAE J1492 ...
"If a vehicle has a single operating mode, the results obtained by using this standard shall be reported. If a vehicle has two or more modes of operation that change the sound emission of the vehicle when tested according to this SAE Standard, the manufacturer may identify to the customer the modes which are used for compliance assessment. Any mode that can remain enabled through a power on/off cycle shall be included in the modes identified for compliance assessment."
Technically, any mode that the OEM designates as being applicable to the test shall be included in the test. That list of "approved" modes MUST INCLUDE any mode that stays engaged after a power on/off cycle. But it does NOT mandate that all modes be tested, so the OEM has the ability to choose which are included and which are not. That way, they are not accountable for modes which they do not intend to be complaint. What this means is that as long as Hyundai doesn't include the noisy "N" sport mode in the modes which are retained through a power on/off cycle, they do not have to be included in the sound assessment test. BUT, that also means they are not certifying that particularly noisy mode as being street legal.

The driver admitted he was in the sport/track mode on the street (can clearly be heard saying so in the video). When this owner was driving in "N" mode (the sport/tract mode), he was likely in violation of the law because Hyundai did not include that mode in the on/off retention modes as far as I can tell. Hence, Hyundai is not at fault; the driver is.

The officer was not in error here. The driver admitted he was driving in the noisy mode. I've researched the owner's manual and supplement and as far as I see, the noisy mode is NOT certified for street use; I can find no mention of the "N" mode noise being certified as street legal. IF someone can find a direct reference to the "N" mode being part of the street legal scheme, then that would make things different. But given the text of the owner's manual, and statements from the linked article, I suspect the "N" (sport/track) mode is NOT included in the power on/off retention on purpose, and therefore is NOT required to be certified. But that also means it's not legal to operate in that mode on the street.


Here's the reality of what needs to happen:
- the cop needs some counseling; it's not his job to be the judge and jury here; enforce the law and the it play out in the legal process
- the car does not need to be modified as the cop claimed; it only needs to be tested and operated in the certified modes for compliance
- the driver admitted he was operating the vehicle in a mode which is not certified for street use; he earned the citation and should have to pay for the ticket
- the CA code needs updated to more clearly define what is and is not acceptable
 
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Yet a hundred Harleys broke that law while I type this. Stupid. It's a new unmodified car. The stock drive mode is what should be tested/pass. Folks have lost their minds. I believe it was the new Z or maybe a Porsche had issues with this same law in CA b/c of the stock system with burbles etc. Edit. It was one of these two mentioned in the manual option that caused a noise issue, not the auto. Again, WTH.
 
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Back in the day game shows always quoted that a vehicle won on the show was California Emissions Equipped. Does Hyundai need to claim the "N" is California Exhaust (not) Equipped now!?
 
digging a bit deeper, from SAE J1492 ...
"If a vehicle has a single operating mode, the results obtained by using this standard shall be reported. If a vehicle has two or more modes of operation that change the sound emission of the vehicle when tested according to this SAE Standard, the manufacturer may identify to the customer the modes which are used for compliance assessment. Any mode that can remain enabled through a power on/off cycle shall be included in the modes identified for compliance assessment."
Technically, any mode that the OEM designates as being applicable to the test shall be included in the test. That list of "approved" modes MUST INCLUDE any mode that stays engaged after a power on/off cycle. But it does NOT mandate that all modes be tested, so the OEM has the ability to choose which are included and which are not. That way, they are not accountable for modes which they do not intend to be complaint. What this means is that as long as Hyundai doesn't include the noisy "N" sport mode in the modes which are retained through a power on/off cycle, they do not have to be included in the sound assessment test. BUT, that also means they are not certifying that particularly noisy mode as being street legal.

The driver admitted he was in the sport/track mode on the street (can clearly be heard saying so in the video). When this owner was driving in "N" mode (the sport/tract mode), he was likely in violation of the law because Hyundai did not include that mode in the on/off retention modes as far as I can tell. Hence, Hyundai is not at fault; the driver is.

The officer was not in error here. The driver admitted he was driving in the noisy mode. I've researched the owner's manual and supplement and as far as I see, the noisy mode is NOT certified for street use; I can find no mention of the "N" mode noise being certified as street legal. IF someone can find a direct reference to the "N" mode being part of the street legal scheme, then that would make things different. But given the text of the owner's manual, and statements from the linked article, I suspect the "N" (sport/track) mode is NOT included in the power on/off retention on purpose, and therefore is NOT required to be certified. But that also means it's not legal to operate in that mode on the street.


Here's the reality of what needs to happen:
- the cop needs some counseling; it's not his job to be the judge and jury here; enforce the law and the it play out in the legal process
- the car does not need to be modified as the cop claimed; it only needs to be tested and operated in the certified modes for compliance
- the driver admitted he was operating the vehicle in a mode which is not certified for street use; he earned the citation and should have to pay for the ticket
- the CA code needs updated to more clearly define what is and is not acceptable
You are on point as much as all of this is crazy to me. The issue I take is with the testing etc. - he should have had no issue beyond paying the ticket as the car is as-delivered from the new car manufacturer. These cars always revert to the "D" mode on key cycle and you have to select sport/N/whatever which as you state, put him out of compliance. Still strange to sell cars new that have any way to be out of compliance with any state's laws but I love our country, we can choose which state to live in!
 
Some of you need to READ the ENTIRE linked article, and the codification I linked.

The Elantra in this situation failed the test because the test was inaccurately applied. Had the test been appropriately run, it likely would have passed.

The problem is that the law is poorly written. The intent of the law and the application of the law are two different things.

The cop, though he clearly was a bit of a tool, was doing what he is supposed to do (see my linked CA law regarding mandatory tickets).

The car owner needs to get a lawyer and work this out.
100% needs to deal with this in court but imagine this is you...your car is stock/new and you are dealing wiht this crap which will cost you time which is money all b/c a cop didn't understand that the car was stock/as-delivered and not modified and the testing facility doesn't understand how to perform the tests correctly. Holy cow what a comedy of errors on this.
 
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Your making this too complex. The driver deserves a civil penalty for being too loud, whatever that is. The cop needs to be fired for abuse of power, the people testing the car need to be retrained at minimum, and if the state has an issue with the car in general they should prohibit it from sale.

This whole thing is no different than having your car taken for going 5mph over the speed limit.
 
The manufacturer offered a car for sale in California but it does not meet the noise regulations which were in effect at the time of sale. The car, like all others of the same model, was not legal to sell or use in California in the first place. The owner needs to start a class action against Hyundai.

And that cool popping is just wasted $6.00 a gallon gas burning off in the muffler instead of the engine. Only a moron would want a car that does that.
You are wrong - it did meet the noise regulations as they are written, go back and re-read the article. The testing is to be in the loudest mode that persists through a key cycle and in this case, that is the normal drive mode as you would have to select sport/N/whatever anytime you turn the car off/on. The test wasn't done correctly. Some people enjoy things you don't which doesn't make them "morons".
 
Your making this too complex. The driver deserves a civil penalty for being too loud, whatever that is. The cop needs to be fired for abuse of power, the people testing the car need to be retrained at minimum, and if the state has an issue with the car in general they should prohibit it from sale.

This whole thing is no different than having your car taken for going 5mph over the speed limit.
I wonder what the value to the owner is w/r to this time on this deal. Crazy. Time for an attorney but if you could just get in front of a judge it seems that it would be pretty easy to explain and rectify. "My car is new/sold this way and they didn't do the test correctly. Happy to pay the $XYZ for breaking the noise law but at this point this mistake on behalf of the local/state/whatever has cost me $ABC and I'll need that back". haha
 
Attorney won’t touch it. Except maybe one of those traffic cop attorneys that basically make a living dismissing or lowering fines on traffic tickets.
 
Attorney won’t touch it. Except maybe one of those traffic cop attorneys that basically make a living dismissing or lowering fines on traffic tickets.
Why not? If you are paying what do they care? I don't think you need one here, just need to present this to a judge.
 
Why no video from earlier? My bet is the owner was doing stupid things and the policeman could only get him on the noise.
 
Why not? If you are paying what do they care? I don't think you need one here, just need to present this to a judge.
Attorneys won’t waste their time on something this menial. Attorneys pretty much won’t go near a case if they’re not going to make at least $10K. Traffic court is probably this person’s best option.

I knew a guy who got a ticket for playing his car stereo too loud. If he showed up at an attorney’s office, the attorney wouldn’t give him the time of day.
 
Attorneys won’t waste their time on something this menial. Attorneys pretty much won’t go near a case if they’re not going to make at least $10K. Traffic court is probably this person’s best option.

I knew a guy who got a ticket for playing his car stereo too loud. If he showed up at an attorney’s office, the attorney wouldn’t give him the time of day.
I guess I assumed that it would be in traffic court - plenty of attorneys make a living off it.
 
Why no video from earlier? My bet is the owner was doing stupid things and the policeman could only get him on the noise.
Which is fine - pay to play simple as that. If there is a law and you broke it you get a ticket and deal with it in court if you want to fight it. The reg being suspended was egregious abuse.
 
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