Modified Exhaust laws? I don't understand!

[JMDigital]

I really want to know the rules about changing your exhaust? Again I was pulled over for a “Modified Exhaust” I did not get a ticket, just a firm talking to. ??? This is the 2nd time now! I took a chance and told the officer in a nice way that I paid “EXTRA” so it would not be illegal ? His comment was “An exhaust that is louder then the factory intended” is illegal. Now that to me makes little to no sense!?

You are telling me that a Viper that has a louder exhaust then I do is ok. Because Dodge put it there? I would really like to know what the rule is?

According to Tanabe the exhaust on my Supra is “Legal in 50 states” when I told him that he said “NO - Get rid of it.” So someone is wrong here. Tanabe’s website says it’s a DB limit that is the rule and I purchased the one that is the most quiet. (under 95db) http://www.tanabe-usa.com/exhausts/medalionhyper.asp

Anyone have any real info on this? I have not gotten a ticket , but I figure its only a matter of time and I would like to have some sort of proof to fight it in court if I ever do get a ticket.

Thanks for any info on this..

Oh to answer the next question. No I did not get a ticket for anything. He was behind me at a stoplight and pulled me over after it went green. I thought my tag was expired or something.

 

[emiliorescigno]

Since things vary from state to state (and cop to cop, but you can't do anything about that...:nono: ) I'd recommend contacting your local DMV, County courthouse, or police station and see what they say.

 

[OneJoeZee]

The sad truth is a good majority of caps don't even know exactly what the laws they enforce actually are.

I've been cited for modified exhaust too. This is with a 3in system that passed under the legal 95 dB limit at the State Referee. I tell them I've previously passed full smog and visual with my catback and ask what the problem is. They say, "well, it's modified."

Cops don't care. If they aren't sure, they don't care. They'd rather cite you anyway, waste your time, and force you to prove worthy your exhaust is compliant or not.

I've heard of alot of people being cited for their stock G35 and 350Z exhausts, along with other cars. Also MKIVs, EVOs, and STis being cited for spoilers that 'obstruct your rear view.'

 

[Big Wang Bandit]

Joe speaks the truth.

A little funny story. My Cousin purchased an IS300 and as she was driving off the lot. She got 3 miles away before she was pulled over. The cops went through all the steps. and then said he was going to cite her for modified taillights.

Thank god she had the brochure and showed him they were stock haha.

She got off just fine.

 

[figgie]

If I recall correctly

florida statute on exhaust is as follows

316.272
(1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

403.061 does not identify specifically what the noise limits are.

316.293 on the otherhand specifically does.

316.293
(2) OPERATING NOISE LIMITS.--No person shall operate or be permitted to operate a vehicle at any time or under any condition of roadway grade, load, acceleration, or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed limit at a distance of 50 feet from the center of the lane of travel under measurement procedures established under subsection (3).

Pay close attention of where the measurement distances are from.

50 feet AWAY from source on the center lane of travel. So they MUST measure the dB measurement in the center lane that you are traveling for them to actualy give you a citation.

The numbers

(c) For motor-driven cycles and any other motor vehicle not included in paragraph (a) or paragraph (b):
..................................................Sound level limit
.......................................Speed limit..................Speed limit
....................................35 mph or less...............over 35 mph

Before January 1, 1979............76 dB A....................82 dB A
On or after January 1, 1979.....72 dB A....................79 dB A

(3) MEASUREMENT PROCEDURES.--The measurement procedures for determining compliance with this section shall be established by regulation of the Department of Environmental Protection as provided in s. 403.415(9), in cooperation with the department. Such regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods for the measurement of vehicular sound levels. The measurement procedures may include adjustment factors to be applied to the noise limit for measurement distances of other than 50 feet from the center of the lane of travel.

(4) APPLICABILITY.--This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control.

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.--

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.

There you have it on 5a and b. In Florida, regardless if he didn't nail you to the floor, he can nab you on 316.293(5a&5b).

So no the cop is actually correct since modifing the exhaust will automatically make the vehicle in question louder than when it was OEM. This is the loophole they use to bypass the 95 db.

I have been warning you Florida guys for some time that your party days where numbered. Well here is the first of many ordinances that you WILL see to put more $ in teh states pockets. Rest assured that right now they might be warnings but sooner or later the tickets WILL start to flow.

 

[Shytheed Dumas]

Your exhaust is highly illegal and you should sell it to me before you get into big trouble. Since I'm helping you out, I'm sure you'll help me out on the price in return.

 

[The Dude]

Try asking your question here: http://forums.officer.com/forums/forumdisplay.php?f=150

Technically I think even if he did give you a ticket for it you could get off because he didn't take a decibel level of your exhaust so it'd just be his opinion. Honestly, how do they really know it's louder than what our stock exhaust is, or what any cars is for that matter.

 

[OneJoeZee]

If I recall correctly

florida statute on exhaust is as follows



403.061 does not identify specifically what the noise limits are.

316.293 on the otherhand specifically does.



There you have it on 5a and b.

haha. sucks.

 

[Ckanderson]

A little funny story. My Cousin purchased an IS300 and as she was driving off the lot. She got 3 miles away before she was pulled over. The cops went through all the steps. and then said he was going to cite her for modified taillights.

Thank god she had the brochure and showed him they were stock haha.

She got off just fine.

thats a good story. I myself have never been hassled by the cops for petty stuff. I love when you prove a cop wrong though. They never want to admit it.

 

[figgie]

Try asking your question here: http://forums.officer.com/forums/forumdisplay.php?f=150

Technically I think even if he did give you a ticket for it you could get off because he didn't take a decibel level of your exhaust so it'd just be his opinion. Honestly, how do they really know it's louder than what our stock exhaust is, or what any cars is for that matter.

wrong answer

see the statue i posted

316.293(5a& 5b) broken by making it louder than OEM. This means that anything BUT OEM is a money making machine for the state. And you Florida boys thought the tourist would support the state budget! HAHAHA!!

 

[The Dude]

Ah, I didn't see your post before I posted, but I read about someone either on this forum or sf that got out of paying a modified exhaust ticket for that very reason I posted.

 

[SevenMKIII]

In my small town (<16,000 pop.) there are way too many cops to keep themselves occupied. They are just bored and pull people over for no reason and make up excuses.

On one case, they actually followed the law, but this cop is just annoying.

Day 1: My brother is driving his Eclipse with no front plate. Yes it is the law to have a front plate but every 3rd minivan in town doesn't have one, I don't know why. Cop pulls him over and gives him a "verbal warning" to put one on.

Day 2: I'm driving my old Z28 with ungodly loud exhaust, and no front plate. I get pulled over by the same officer, and receive a "verbal warning" for no plate as well. He must have thought he was funny because when he scanned my license he came back and sort of laughed to himself and said, "I just pulled your brother over yesterday for not having a front plate."

Day 3: Same officer again, driving home from school with my girlfriend in her Cavalier with perfectly clear covers over her plates. He pulls us over and says it is illegal to have license plate covers. Just another "verbal warning" to take them off, this cop really has nothing to do. Anyway we e-mailed the Secretary of State and told them the story, the responded saying he should not have pulled us over, they are only illegal if the cover is dirty or tinted (some are blue or smoked). So we printed the e-mail for future bored cops.

One more quick story about the BS they come up with in my town...

Five days after buying the Z28 I previously told you about, I am cruising around town with my friend because he wanted a ride in it. So we start out at one end of town and we pass a cop, about 10 seconds later we pass a second one and didn't think anything of it. My turn was coming up so I flicked on my blinker and I hear Jeff say "he just pulled a Uey." Cool...so cops are following me within one week of buying this car and I'm driving perfectly fine. Well, he follows me on my ass for about 12 city blocks taking numerous turns and pulls me over in the school parking lot. He takes our licenses and comes back and asks Jeff to step out of the car and as they're back by the cop car I can see the cop literally yelling at him. He comes back and says "There have been many complaints that two young men in a green Camaro tp'ed and spraypainted Swasticas (sp?) on the NURSING HOME?! We were both like.."Uh what? We have no idea what you're talking about" Anyway he was convinced that we did it and wanted me to pop the hatch. I was stupid, I should have asked for a warrant or something but I didn't care because I was getting ready to go to Cordova and completely stripped the rear of the car. Just bare metal...stupid cop. No ticket, but I laughed when I started it back up and it sounded like thunder struck his car.

Sorry for the long post, I just love to rant about how anal and bored the cops are here.

 

[Ckanderson]

Anyway he was convinced that we did it and wanted me to pop the hatch. I was stupid, I should have asked for a warrant or something but I didn't care because I was getting ready to go to Cordova and completely stripped the rear of the car. .

Why would you ask for a warrent?

If you had nothing to hide, prove you didnt do it an go on your way.

I hate when people say oh i would have asked to see a warrent. WHY!?

 

[OfnaRcR4]

Is it just me or do cops have NO right to tell you what you can do to your car? I am glad i live in a state that is still free.
You can get pulled over for "modified taillights" in other states? I'm sorry but FUCK THAT SHIT!

 

[OneJoeZee]

Is it just me or do cops have NO right to tell you what you can do to your car? I am glad i live in a state that is still free.
You can get pulled over for "modified taillights" in other states? I'm sorry but FUCK THAT SHIT!

Uh.

Driving is a privilege. Not a right.

 

[OfnaRcR4]

Uh.

Driving is a privilege. Not a right.

My views are still the same.

 

[bowsercake]

In Ohio everyone has the privilege. I bet most don't even have a liscense.

Also, in response to the original post: In California you can take your car to a ref and get all of your modifications certified so that if you are pulled over you can show the cop your papers so that he can see that the modification in question is legal.

 

[OneJArpus]

this is the same situation with the neon SRT4 not having a MUFFLer to muffle the sound..my cousin got many tickets about this and won because it was made from the factory like that

 

[OfnaRcR4]

In Ohio everyone has the privilege. I bet most don't even have a liscense.

Yeah, i guess so. :nono:

Just to clarify, i was referring to the modified lights in my first post, not loudass exhaust. I hate loud exhaust.

 

[7Mboost]

This is copied from a friend of mine who has a way you can get out of it no matter what, although depending on how big a dick the cop is you may have to do it in court:

Note GPD= Gainesville Police Department
ASO= Alachua county Sheriff's Office

^These are the local "law" enforcers.

Steps to take when getting pulled over (and consequently being interrogated about noise and exhausts).

1) Do NOT admit to ANYTHING. Just say, "I don't know."

2) If asked, state that you know nothing about a modified exhaust, and tell them that you purchased the car like that. "It's stock as far as I know officer."

3) Do not give in to any questions about how loud the vehicle is. Just state that you believe the sound to be no louder than stock AND as far as you know, it is STOCK and not modified.

4) Ask for a WARNING! At least you can wipe your ass with them, or simply use them to check the oil on your dipstick.

5) If you still receive a citation, PM me and I will refer you to the Legal offices of Brown, Browner and Clapptontranscripts - Charlatans at Law.



*edit* - ASO is mainly doing exhaust citations, whle GPD is doing stereo citations

We touched on this before, in Clappton and TwoBar's posts, but now it seems GPD has a unique task force assembled to serve and protect the ears of those crybaby civilians that complain about noise. What a bunch of fucking bullshit. For every sportscar out there in Gainesville, there are 6 trucks and a pair of Harley's that blatantly violate these statutes. And sometimes the pigs themselves are the ones operating these loud vehicles!

I've personally witnessed a guy in a white 300ZX getting pulled over right next to me downtown for a stereo violation (25 feet). The pig was sitting in the dark in his cruiser, and violently floored it out of the lot with lights and sirens, as if he was in hot pursuit of the Blues Brothers. Apparently the pigs have been "trained" to figure out what a sound violation is.

Anyway, I urge each and every one of you to fight these tickets in court. The pigs are not doing dB meter inspections, in almost all cases.

They must provide documentation as to what the decibel level and equipment was on the stock vehicle, as well as what recorded dB level they obtained when pulling you over.

One other thing, I don't usually believe that cops profile imports, but I have been hearing about several import cars that are getting the modified exhaust tickets more than other cars/trucks. Can anyone substantiate this claim? Has anyone you've known gotten an exhaust ticket on a domestic or a truck?

Everyone please spread the word and encourage everyone to fight these tickets. Also post up any concrete relevant info that you have personally experienced / heard