Excessive Visible Smoke from Exhaust
A CVC 27153 citation means your vehicle was operated in a way that let excessive smoke, flame, gas, oil or fuel residue escape (Vehicle Code 27153(a)). It is a correctable violation: you have 45 days to correct it and may keep using the vehicle meanwhile (27153(c)(1)), but if the date on your citation is earlier, meet that date, unless the emission controls were willfully tampered with, in which case the vehicle may not be driven (27153(d)). Repairing the cause, then getting the correction certified, resolves this violation.
Correction Window
Vehicle Code 27153(c) gives you 45 days to correct this violation (at least 75 days for a vehicle used only in agriculture). Check the date printed on your citation as well.
Fee After Correction
These steps apply when your ticket was issued as correctable. An officer does not issue it that way if there is evidence of fraud or persistent neglect, the violation presents an immediate safety hazard, or you cannot promptly correct it (Vehicle Code 40610(b)). When the court accepts your proof of correction, the court clerk collects a $25 fee for each corrected violation (Vehicle Code 40611). There is no fee if the agency that cited you handles the correction and nothing is sent to the court (Vehicle Code 40611(c)). Without proof of correction, you may owe the full fine. Check your notice or ask your court for the amount.
Who Can Certify
A police department, the CHP, a sheriff, a marshal or another agency that enforces the Vehicle Code can certify this correction after the engine issue causing excessive smoke is repaired.
The court must dismiss a corrected violation when you deliver proof of correction on or before the date on your ticket (Vehicle Code 40522). After that date it may not accept the correction, and you may owe the full fine. If you fail to appear without good cause, the court may add a civil assessment of up to $100 after mailing you a warning notice (Penal Code 1214.1). Willfully failing to appear, or willfully failing to deliver proof of correction, is a misdemeanor (Vehicle Code 40508 and 40616). If you need more time, ask the court before the date passes.
Step by Step
How to Correct This Violation
- 1
Take your vehicle to a licensed mechanic for an engine inspection to determine the cause of the excessive smoke.
- 2
Have the mechanic repair the underlying engine or exhaust issue.
- 3
Confirm the vehicle no longer produces excessive visible smoke during operation.
- 4
Have a law enforcement officer sign the certificate of correction on your citation.
- 5
Submit the signed citation and $25 fee to the court before your deadline.
Questions
Frequently Asked Questions
- What causes excessive exhaust smoke?
- Common causes include burning oil due to worn piston rings or valve seals, a coolant leak into the combustion chamber, a rich fuel mixture, or a clogged air filter. A mechanic can diagnose the specific cause and recommend the appropriate repair.
This guide covers passenger vehicles. Some rules differ for commercial vehicles and truck tractors (for example, where registration tabs go under Vehicle Code 5204(a)). If you were driving one, check with your employer or a licensed attorney.
This guide provides general procedural information only. It is not legal advice. For questions specific to your citation, contact the court listed on your ticket.
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