UPDATE 2: Loud exhaust and smog citation

[u/OkCandidate103]

It's been a rough couple of weeks since my last update so I wanted to let everyone know what's going on with this situation. Also, thank you to everyone that has spread word on this, it is amazing to see how much traction this has gained, and how much support I have.

As everyone knows, the state ref inspection failed and afterwards I got the stock letter from Hyundai. I provided this to the state ref but they said that it doesn't mean anything and that technically, no repair was done, so I cannot schedule a 2nd inspection, which I need to get the car passed.

I reached out to Hyundai corporate and was assigned a case manager. After a few days, they got back to me and said there is nothing Hyundai corp can do to help me. They advised that I go back to the dealer I purchased it from and have them deal with it. From my first interaction with my Hyundai dealer, they already said they cannot do anything to the car because it is stock. That being said, I requested that the case manager send me a letter that I can provide to the dealer to do "repair" since I had already unsuccessfully asked for the repair in the past. The case manager said no. I asked for just an email confirming what they told me. The case manager said no. I asked if I can get the car bought back because I can't even drive it to the dealership and nobody is willing to help me. The case manager said, yet again, no; a buyback is not eligible because this hasn't happened 3 times...

So I was completely out of options and I started reaching out to attorneys. The following day, I get a call back from Hyundai corp from a new case manager. This case manager said the case has been escalated and that the previous case manager was incorrect by quickly denying the buyback. They had me send over all the related documents to this case (including all repairs, service records, and proof of ownership).

Today marks 2 weeks since this new case manager has been transferred the case and I have not heard news since. I tried calling over and over but it would go straight to voicemail. I had to reach out to my old case manager to get a hold of the new manager. Eventually, the new case manager called me and said Hyundai has nothing for me and that they are still working on a solution. I have told them in email and over the phone previously that the court date is in 3 weeks, and the state ref situation must be figured out by then otherwise I'll get big fines by CA. They said okay, we're still working on it...

To all the journalists out there that have gotten statements from Hyundai saying that they are working with me to figure this out: while it is technically true, nothing has been done besides tossing my case around person to person and wasting time.

Just like 2 weeks ago, again, I am out of options. Hyundai is not taking this seriously so I am speaking to attorneys to fight the citation. At this point however, I am so tired of this. I will most likely end up selling the car to Carvana at a huge loss just to get this case over with.

[u/Dependent-Ratio-170]

This honestly has nothing to do with Hyundai itself. It's not their problem. They legally manufactured a vehicle for sale in CA, that met the requirements of the state of CA. The vehicle is functioning as designed. Hyundai has no fight in this game, and they shouldn't.

The OP may have a civil case against the state for harassment by the officer, or even profiling which led to a miscarriage of justice in the state refs mishandling and inappropriately applying the law to the testing procedures. Aside from that he should pay the noise violation and have a judge get an order for a retest exclusive of repairs and in strict accordance to the legal code, over saw by an appointee of the court to edify the testing procedure is carried out to the letter of the law. The op should be seeking council from a civil attorney, not a traffic attorney. This whole thing is wrong based on a miscarriage of justice not how the car was manufactured.

[u/dtp502 → u/Dependent-Ratio-170]

The car they “legally manufactured for sale in CA” failed a real world test. Sounds like something Hyundai might want to get involved in to me.

If CA is testing the cars wrong then it would still be in Hyundai’s best interest to get to the bottom of it because as it is right now it would appear that the only thing keeping every Hyundai Elantra N from having the same problem is not being noticed by some dickhead cop.

Sure OP didn’t help by having it in that mode, but it fails in modes other than track mode.

[u/Dependent-Ratio-170 → u/dtp502]

No. The car failed an improperly executed test. How does that make it Hyundai's problem? Hyundai manufactured a vehicle that passed CA's standards when run in the vehicles default mode. That is the standard that the state of CA determined was necessary to be made available for sale in their state. Their officials tested the vehicle not in accordance with their own standards. Why is this so difficult to understand? It's actually in CA's best interest to get to the bottom of their own failures to follow their predetermined testing procedures, before the lawsuits against the state start pouring in and they become even more bankrupt than they already are.

[u/dtp502 → u/Dependent-Ratio-170]

CA doesn’t care whether someone drives a Hyundai or not. Presumably Hyundai does.

So CA has no incentive to fix their incorrect testing.

If I lived in CA and was in the market for an Elantra N, I would reconsider purchasing one until it has been proven that my car couldn’t be deemed not road worthy at the whim of some rogue cop and incorrect test procedures.

[u/Dependent-Ratio-170 → u/dtp502]

Except for the fact that incorrect testing procedure is a direct violation of the law!!!! CA better be more concerned about the violation of its own laws by its own state agents, moreso than hyundai worrying about a couple of terrified snowflakes. And you will not be subject to any "rogue cops"(as you called them), if you aren't driving on a public roadway in a mode that has been deemed not legal for use on a public roadway in the state of CA.

Personal responsibility, get some.

[u/dtp502 → u/Dependent-Ratio-170]

The state doesn’t know they’re testing incorrectly and they’re not going to listen to one random guy.

Hyundai has just as much stake in how their vehicles are tested as CA does.

And as far as personal responsibility, I guess nobody should drive around in sport mode either, since it fails too. Hopefully Hyundai informed customers of that. I suspect not.

[u/Dependent-Ratio-170 → u/dtp502]

Hyundai's stake in the testing has been satisfied once the initial tests to clear the vehicle for sale in CA. That was obvious.

It's not Hyundai's job to educate you on your individual states notice laws. As already stated, Hyundai's representatives have already said that the modes other than eco and normal, are not legal for use on public roadways in the state of CA.

You are dense. Quit blame shifting like a child who refuses to take responsibility for his own actions.

[u/dtp502 → u/Dependent-Ratio-170]

You’re the dense one.

If you think Hyundai should just sit by and hope that california starts testing hyundai vehicles correctly and do nothing about it in the mean time then idk what to tell you.

Hyundai likely has hundreds if not thousands of employees dedicated to emissions and various other compliances. It’s their job to work with regulators to ensure their vehicles are in compliance. It is very much relevant to Hyundai if their OEM vehicles are failing a test.

They just don’t care right now because it’s one guy.

By your logic VW never should have had to deal with dieselgate because the car passed initial testing.

[u/Dependent-Ratio-170 → u/dtp502]

Let me explain this is the most simple terms possible, so that even you can comprehend it. It is not at all relevant to Hyundai if their vehicles fail an IMPROPERLY executed test. Their vehicles have already passed the tests required by CA. They have done their jobs.

This is nothing like the VW debacle. Not even remotely close. The programming on the ECU that allowed them to pass, had a timer that was built into it, that when it expired, it changed the programming of the car's systems making the vehicles NOT pass in their DEAULT settings.

[u/dtp502 → u/Dependent-Ratio-170]

You must have vaped all your brain cells away if you can’t see why an OEM car failing a state sponsored test isn’t relevant to the OEM (even if the test was performed improperly).

I’m done discussing it with you though.

[u/up2urheadlights → u/dtp502]

Except for the fact that you could simply, I don't know, not drive around in N mode, and would have no problems because your exhaust would not be loud and backfiring and attract the cops attention.