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      05-23-2019, 12:08 PM   #1
flyboy385
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MPE w/ no other mods - noise ticket and DID NOT PASS state referee

Just got back from a state referee inspection after getting a noise ticket last week (driving downhill with the valves closed going no more than 30mph and not exceeding 2500rpm), and was told that my car is too loud. The state referee told me that an M performance exhaust is not compliant with California law, regardless of the new legislation (since that just affects correction and fine amount). He said that the exhaust has a bypass, which is not allowed, and allegedly emits over 95db with the valves closed and in comfort mode at 3/4 maximum rpm. I have no other modifications on the car.

Has anyone else ran into this issue, or have any insight as to how I should proceed? The officer who ticketed me works in the town I am working in and driving around regularly, if I get a ticket again for the same problem what punishment/fine can they give me?

My M Performance Exhaust came on my car when it rolled into the dealer with 6 miles on it. I recognize that it was port-installed and is technically not what the manufacturer had installed when it rolled off the assembly line, but BMW does sell an "M Performance Edition" M2, which DID come with the M Performance exhaust from the factory, so I don't see how this is any different. I paid good money (over $3k) for this setup under the pretense that the exhaust is street legal with the valves closed.

I am wondering if I have recourse at either my dealer or BMWNA in general for selling me a car with a non-compliant exhaust.

P.S. There is no way that several sports cars sold today are compliant with this exhaust law. Ghibli's, F-types, AMG's, not to mention any exotics. They're all running around Orange County all the time, do we just have to "pay to play"? I thought I had enough reasons to move out of this god-forsaken state....

Last edited by flyboy385; 05-23-2019 at 12:09 PM.. Reason: adding emphasis
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      05-23-2019, 01:28 PM   #2
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lol that sux. I never see cops pulling over ferraris and lambos for noise and they are much louder.
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      05-23-2019, 02:22 PM   #3
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Yeah thats BS as listen to any amercian muscle car or exotic and tell me they pass and the little M2 w/MPE doesn't... you must be the unlucky 1% that has to deal with that nonsense
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      05-23-2019, 04:05 PM   #4
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Man, how incredibly unlucky. Is there another ref you can go to? This one seems to be out to get you. No way MPE emits over 95 decibels with valves closed...Laguna Seca has a 92 decibel limit...Pretty sure those race cars are much louder than M2 with MPE, granted you can lift off throttle where they measure decibels.

I've rolled by tustin police with a downpipe no less (stock cat-back) and haven't been pulled for exhaust. Volume should be pretty similar to MPE.
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      05-23-2019, 05:56 PM   #5
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If this happened in Irvine, I'm not surprised. They've got nothing better to do
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      05-23-2019, 08:18 PM   #6
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The MPE is CARB compliant. They are full of shit and trying to shake down people for money. I would have them test the decibels in front of you and provide you documentation. Then I would do an independent test with a decibel reader, and bring your window sticker to the court date for the ticket and fight it.
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      06-12-2019, 09:49 AM   #7
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i would say call BMW corporate and let them know the state is trying to fine owners of their products they sell in california.

The state loves to fine the little guy...but usually when big corporations start putting pressure on them...they usually step back.

i know the porsche gt3 guys getting tickets are getting porsche corporate involved to put more pressure on the state government regarding the exhaust law.
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      06-12-2019, 05:53 PM   #8
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Did this happen in Irvine? Passed by a cop recently and purposely got off throttle, despite driving slow, to avoid any issue. Funny enough at the stop light he pulls over the audi in front of me for what I think, not having any plates (still had audi of mission viejo paper plates)
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      06-13-2019, 03:21 PM   #9
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I would fight it. Bring your paperwork to court to show it was an OEM part and installed at the factory. If you can bring a decibel test to show it's under the required Db's even better. I bet it'll get dismissed.
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      06-26-2019, 07:18 PM   #10
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      07-28-2019, 02:47 PM   #11
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Rape, murder, theft... perfectly ok. Loud exhaust, OMG national state of emergency, calling all cars, call the coast guard, call the swat!!!! We have an emergency over here!!!!
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      07-28-2019, 05:54 PM   #12
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Quote:
Originally Posted by Saintjah View Post
Rape, murder, theft... perfectly ok. Loud exhaust, OMG national state of emergency, calling all cars, call the coast guard, call the swat!!!! We have an emergency over here!!!!
It's the typical California knee jerk reaction to everything else. So many non sensical laws here
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      07-29-2019, 12:33 PM   #13
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Quote:
Originally Posted by flyboy385 View Post
Just got back from a state referee inspection after getting a noise ticket last week (driving downhill with the valves closed going no more than 30mph and not exceeding 2500rpm), and was told that my car is too loud. The state referee told me that an M performance exhaust is not compliant with California law, regardless of the new legislation (since that just affects correction and fine amount). He said that the exhaust has a bypass, which is not allowed, and allegedly emits over 95db with the valves closed and in comfort mode at 3/4 maximum rpm. I have no other modifications on the car.

Has anyone else ran into this issue, or have any insight as to how I should proceed? The officer who ticketed me works in the town I am working in and driving around regularly, if I get a ticket again for the same problem what punishment/fine can they give me?

My M Performance Exhaust came on my car when it rolled into the dealer with 6 miles on it. I recognize that it was port-installed and is technically not what the manufacturer had installed when it rolled off the assembly line, but BMW does sell an "M Performance Edition" M2, which DID come with the M Performance exhaust from the factory, so I don't see how this is any different. I paid good money (over $3k) for this setup under the pretense that the exhaust is street legal with the valves closed.

I am wondering if I have recourse at either my dealer or BMWNA in general for selling me a car with a non-compliant exhaust.

P.S. There is no way that several sports cars sold today are compliant with this exhaust law. Ghibli's, F-types, AMG's, not to mention any exotics. They're all running around Orange County all the time, do we just have to "pay to play"? I thought I had enough reasons to move out of this god-forsaken state....
Want to trade? I'll buy the exhaust from you if you want?
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      08-14-2020, 02:16 AM   #14
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What was the end result of this?
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      08-14-2020, 11:04 PM   #15
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Quote:
Originally Posted by akkando View Post
What was the end result of this?
I ended up contesting it in court. Officer brought bodycam footage of the car starting up after the officers let me go (they waited around for me to start the car) and I brought receipts and paperwork showing my M Performance Exhaust was a factory BMW part, installed as an option when I bought the car, along with a letter from a mechanic stating the exhaust itself was in functioning condition with no leaks.

The judge ruled that the loudness heard over video was subjective, and ruled that since I wasn't speeding or endangering anyone at the time of the pullover he dismissed my case. My refund check from contesting the ticket is now framed in my home office.
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      08-15-2020, 10:00 AM   #16
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Quote:
Originally Posted by flyboy385 View Post
I ended up contesting it in court. Officer brought bodycam footage of the car starting up after the officers let me go (they waited around for me to start the car) and I brought receipts and paperwork showing my M Performance Exhaust was a factory BMW part, installed as an option when I bought the car, along with a letter from a mechanic stating the exhaust itself was in functioning condition with no leaks.

The judge ruled that the loudness heard over video was subjective, and ruled that since I wasn't speeding or endangering anyone at the time of the pullover he dismissed my case. My refund check from contesting the ticket is now framed in my home office.
send the pig a nice fuck you letter for wasting taxpayer dollars
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      08-15-2020, 09:45 PM   #17
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Quote:
Originally Posted by flyboy385 View Post
I ended up contesting it in court. Officer brought bodycam footage of the car starting up after the officers let me go (they waited around for me to start the car) and I brought receipts and paperwork showing my M Performance Exhaust was a factory BMW part, installed as an option when I bought the car, along with a letter from a mechanic stating the exhaust itself was in functioning condition with no leaks.

The judge ruled that the loudness heard over video was subjective, and ruled that since I wasn't speeding or endangering anyone at the time of the pullover he dismissed my case. My refund check from contesting the ticket is now framed in my home office.
Now that's satisfying.
I have no problem with legitimate traffic tickets, but this kind of ticket is just government over reach and harassment.

Good job!!
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      08-22-2020, 11:39 PM   #18
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I feel like the state ref was just trying to shake you for money or something. 95db is actually alot louder than most people realize. 95db is equivalent to a jackhammer 50' away from you. Thats REALLY loud. Our exhaust is not even remotly close to being 95db
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      08-26-2020, 02:50 PM   #19
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Yay!
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      08-26-2020, 04:15 PM   #20
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Quote:
Originally Posted by flyboy385 View Post
I ended up contesting it in court. Officer brought bodycam footage of the car starting up after the officers let me go (they waited around for me to start the car) and I brought receipts and paperwork showing my M Performance Exhaust was a factory BMW part, installed as an option when I bought the car, along with a letter from a mechanic stating the exhaust itself was in functioning condition with no leaks.

The judge ruled that the loudness heard over video was subjective, and ruled that since I wasn't speeding or endangering anyone at the time of the pullover he dismissed my case. My refund check from contesting the ticket is now framed in my home office.
This is the best thing I've read all month. Bravo bro.
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      09-03-2020, 12:15 AM   #21
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Thats BS... id fight that if I were you
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      03-30-2023, 08:52 PM   #22
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So I’ve been wondering about this same issue a LOT recently. I live in Newport and drive an m4 with a valved exhaust. My midpipes are non resonated so valves open it’s super loud and I actually had a very close call a few weeks ago on a pch cruise where a sheriff definitely pulled over the wrong guy. Anyways that part I don’t understand is that the MPE is a bmw part and it can be legally sold in CA. Usually anything that is illegal can’t be sold here and the even more sketch part is that bmw sells it and huge corps are usually very strict w state laws. However, the part that confuses me even more is that literally ALL new bmws come with valved exhausts… x3s, all Ms, even Porsches, lambos, etc. what CA really needs to do is truly define the exhaust law and not make up all this bs just to ticket ppl
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