Is Nitrous Legal In Cars In The United States?

It’s perfectly OK to want to change your car for reasons that go beyond making it look better or perform better.

One of the most popular alternatives is nitrous oxide injection, but that leads a lot of to wonder, is nitrous legal in the U.S.?

Nitrous use is not illegal at the federal level in the U.S., but NOS laws are state specific.

It is never illegal to store or transport the gas, but sometimes it can be illegal to use gas as an inhalant. When you are on a track or on private property, NOS is completely legal.

In this article, I will briefly touch on a few state laws that you need to be aware of, and also touch on other modifications to car or truck that may also be illegal.

As always, please verify in your local or state law before making any decisions, because laws can change. This is not legal advice.

State Nitrous Laws

Nitrous Legal In Cars

#1. California.

One might think that nitrous modifications are legal in California based on Penal Code 381b’s link to possessing nitrous oxide “with intent to breathe, inhale, or ingest,” which is only considered a misdemeanor.

Some enthusiasts have interpreted this to mean it is legal for them to connect it in the car, but all nitrous systems, even if they are not connected, are totally illegal in California.

You will see drivers throughout the state complaining they received tickets for a nitrous system simply because it is in their vehicle for the track, even if it is completely disconnected.

Any intake would need a C.A.R.B. number on it, otherwise the system is illegal.

#2. Texas.

Texas has laws regarding breathing nitrous, making it a misdemeanor. However, there are no laws regarding automotive applications. For the most part, it is legal to have it (but not legal to use for street racing).

If you irrationally suffer from emissions standards as you would if you live in a county that performs testing on vehicles, that could be an issue too.

With that said, Texas only has three “Aftermarket Modification” rules listed on the TxDPS website. These issues are all focused on Vehicle Lighting, Vehicle Height Adjustment and Air Intake Modifications.

#3. Florida.

Similar to other states, using nitrous as an inhalant is illegal. The laws concerning use become muddled after that.

Most law enforcement officers feel it is legal to possess nitrous oxide, only the use of it on the streets is illegal.

In terms of whether you can have the bottle hooked up or not, responses again are varied. Of course, if you are using nitrous kits in a street racing application, you will likely get in trouble.

#4. New York.

This state has very ambiguous laws and is hard to understand for most people. However, 10-163 states that one can only own 2 bottles of nitrous, and there isn’t a size mentioned.

But beyond 2 bottles, it is completely illegal to street race with or without nitrous. In that same law it states, “the presence of a canister appearing to hold nitrous oxide attached to a vehicle” is also illegal.

#5. Pennsylvania.

Pennsylvania’s laws regarding nitrous oxide are much clearer. Specifically, nitrous oxide is not to be used as an illegal inhalant.

Additionally, it is illegal to have a bottle of N2O in the vehicle unless it is disconnected. It may be found in the vehicle to transport to or from a track only.

Other Possible Illegal Car Modifications

#1. Lifted Suspension.

Adding a lift kit is one of the most common truck modifications. However, lift kits can affect the driving characteristics of a pickup, potentially throwing it into dangerous situations. For this reason, some states have laws regarding lift kits.

For example, Connecticut allows lift kits to raise the vehicle no more than four additional inches. Even more discriminatory is Georgia, allowing lift kits to only raise ground clearance two inches more.

#2. Rolling Coal.

The EPA has much to say about vehicles emissions control, so there is nothing “legal” about rolling coal. Rolling coal is when diesel engines are modified to burn more fuel, and those modified engines puff out dark black/grey smoke from the exhaust, which is commonly referred to as rolling coal.

Not only does the EPA make rolling coal illegal, but many states have also gotten involved. If you live in Maryland, Colorado, New Jersey, Illinois, and many others, you’ll be issued fines for rolling coal down the street.

#3. Darkened Window Tint.

Dark window tint serves a purpose, whether you want to keep some privacy or you don’t want the hot sun baking you as you drive.

However, dark tint comes with safety hazards, especially if it reduces visibility when visibility is already hard enough. Some tint also might mean no one can see you and police do not like that.

Each state has its own limits for how dark your car tint can be. Most regulations go to the side and rear windows because window tint on the front is generally not going to be legal.

For example, a driver in Alaska would require their side tint to have a 70% light transmission, but you could have 40% on the rear.

#4. Cold Air Intake.

A cold air intake can provide increased horsepower and fuel efficiencies, especially if you are willing to pay for a quality brand. It is important to recognize that cold air intake systems may not be legal.

In California, for instance, if you want a cold air intake, you must have the setup certified as being compliant. Once again, California takes pollution seriously. If the product affects an emissions or exhaust system, no modifications are allowed. This is California’s effort to reduce pollution as it attempts to reach carbon neutral status.

If you are thinking about a new cold air intake, verify that it has the CARB EO exemption number stamped on it. If you do not have this EO number and you get caught, you’re probably getting a ticket!

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