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Nitrous and California Law

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Old Apr 10, 2004 | 10:13 AM
  #1  
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Default Nitrous and California Law

I hope I'm not posting this in the wrong forum. I'm not starting a thread about nitrous and how to install it, or how to use it. But instead, I'm asking if there's anyone, attorney maybe, who may inform us about the legality of having nitrous oxide on your vehicle in the state of California.

As far as I understand, as long as you're not "squeezing", you should be cool. However, I have been also told by a couple of cops that the moment nitrous is installed on a vehicle, the vehicle no longer meets the emissions regulations set forth by the state. Also, the vehicle becomes a trailer queen.

Regardless of what anyone's experience may be with law enforcement, I wanted to know if anyone out there has any links or literature to this subject? Taking someone's word is not the same as having something in black-and-white stating what the law, vehicle code or any other codes may say about the issue.

Thanks,
-Nasty

(yes, I did do a search, but it wasn't working)
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Old Apr 10, 2004 | 10:30 AM
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dont know the links.. but if you have the bottle "open" (turned on and not shut off) thats when its considered you are or might use it and can get a ticket for it.
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Old Apr 10, 2004 | 11:49 AM
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It is a grey area. Nitrous is not listed mentioned specifically anywhere in the California Vehicle Code. http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm

It would still fall under adding an aftermarket performance item to your car. Which would fall under the California ARB. If your particular N2O application doesn't have an EO number (some do) then it is illegal in the same way that installing a supercharger or turbo kit without an EO number is illegal.

I would just call your local CHP or Sherrif and ask them abou the laws under the guise that you use it at the track and was wondering about whether you'd get into trouble if you forgot to disonnect it.

http://www.arb.ca.gov/msprog/aftermk...es/amquery.php

Look up nitrous systems in the list and you'll see which ones have a CARB exemption.

Last edited by jesseenglish; Apr 10, 2004 at 11:54 AM.
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Old Apr 10, 2004 | 12:57 PM
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Thanks guys.

I greatly appreciate the time and response to my question.

As Elitemotion stated, I was under the impression that as long as the system was not activated, there's no harm done.

However, as you might of guessed, I got pulled over for another reason, the cop see's my nitrous tank and has me pop my hood. I tried to use the 4th amendment, with no luck .

Once my hood was opened, it was all over. Got cited for the nitrous, had some other 'task force' truck come over and take pictures of my engine bay. Now I'm supposed to make an appointment with the STATE REFEREE, until then, my car is suppossed to remain off the city streets.

The good thing is they didn't notice the other 'mods' (headers, etc.). But I still got cited for a general "modified emissions system". I've read the code on that citation, and it basically sounds like it applies only if you remove the cats or smog pump (if equiped). Not once have I seen anything regarding the fact of just nitrous being plumbed/wired into the car.

Anyone else with other knowledge?
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Old Apr 10, 2004 | 02:04 PM
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Yeah... I've had a cop pull us over after a show to see if we had nitrous plumbed into the car. He said as long as it's not installed inside the engine bay, you're fine. Like if you just have the bottle and line ran, that's ok. Just that if you drilled a hole into your intake for a wet/dry shot or if you have lines going into your manifold a la direct port, then you're farked.
They really didn't let you use the 4th amendment?
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Old Apr 10, 2004 | 03:51 PM
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Supposedly they need probable cause to search ur engine bay just as they do the rest of the car, but if they ask, can you pop your hood and say no then they can say that you were suspicious and that they had to do it.... I find it as total ********
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Old Apr 10, 2004 | 05:52 PM
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there is no point in saying no, you'll just cause urself more problems. just kiss *** as much as possible and just hope the guy either feels sorry for you or believes the butt kissing
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Old Apr 10, 2004 | 06:35 PM
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Default I think there was probable cause

I am an attorney, and from what I remember from law school, and applying that to this situation, if the cop saw a nitrous bottle, that would be probable cause to pop the hood and look for more illegal high performance mods. I agree that using the 4th amendment with a cop is walking a fine line. Theoretically, you have the right to refuse a search of your person or car if there is no probable cause, but as a matter of common sense, the cop may not be amused. You gotta play it by ear.

My strategy is to keep my car looking bone stock - no big wings, aftermarket ground effects, paint schemes, stickers, etc. I don't run nitrous. If I get pulled over for speeding and my car looks totally stock from the outside, there is no probable cause to look under the hood or at the exhaust.
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Old Apr 10, 2004 | 07:15 PM
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they'll never notice my graphics and NOS! damn wing tho haha
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Old Apr 12, 2004 | 11:38 AM
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LoL....

Information with a smile, can't get any better.

Anyway, just got back from having lunch with one of my professors, who's a judge at a local court house. Apperantly, the 4th wont work if the Cop states he's "inspecting" the vehicle for safety reasons, rather than seaching it. So again, there's that fine line. Not to mention, if the cop wants to be a real ***** about it, he can basically get the car towed if you refuse. Best thing to do, is just let them search the car and fight it in court.

As for the nitrous, again, I still haven't found anything in writting regarding N2O and the CVC!!!!!!! Even the ticket that I was issued was regarding MODIFIED EMISSIONS CVC271569(b) . When I read that particular section, it never makes reference to Nitrous. It basically sounds as if its related to a gross poluter, or a car that had the cats or smog pump removed.

I'll try SEMA, hopefully they can shed some light. But again, if anyone out there has any further information, I would greatly appreciate it.

Just based on the past couple of meetings, and shows, I know I'm not the only running N2O. So I'm sure this will be beneficial to more than a couple of members.

-Nasty
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Old Apr 19, 2004 | 12:27 AM
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Well, it's official.........

All my mods will come off tomorrow

The State Referee's office was perty cool over the phone, however, they couldn't or wouldnt answer my question. Basically it came down to this.......

"Any modification done to the intake or exhaust system that is not approved by the CARB is considered MODIFIED EMISSIONS. This can include the simple replacement of a non-CARB O.E. intake pipe, or a complicated aftermarket valves installation"

They went on by stating that my CAI might be CARB legal, but the fact that nitrous was plumed and eventually ran into my intake system, that made my "whole emissions system" to be considered "modified emissions". They didn't care if I was not squeezing at the time, if the system was activated, or if I even had a bottle in the car. The fact remains that my intake was modified.

You know this is bull, but being that my car has to pass both visual and smog inspection, not to mention my DC Sport headers threw a Check Engine light, I have no choice but to put everything back to stock! I will, however, continue doing research on this..................


There's no freakin way they can write people up just for having a Nitrous system plumbed/wired on their car!

Oh yeah, I called and emailed NOS (the manufacturer of my particular system), but they were no help! That was a shocker...
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Old Apr 19, 2004 | 06:18 PM
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the CHP that pulled me over on the way to mammoth doing 90 was cool, just a speeding ticket...I had the NX bottle in the bed (supercharged tacoma) the bottle was empty cause I had used the last of it spankin the pants off of a lightning earlier that night on highway 15. He didnt even say anything about the bottle, so I guess its hit and miss. Cops can give you a ticket for pretty much any modification done to your car. wheels, drop, intake, exhaust, stereo. Just kiss a$$ and dont screw around at the beginning or end of the month...damn cops love to flood the streets to meet their quota!
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