stillhere153

iTrader: (1)

NRS 484.611 Mufflers: Prevention of emissions.

1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent emissions greater than those allowed by rules and regulations established by the Department. No person shall use a muffler cutout, bypass or similar device upon a motor 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.


sorry i have a bachelors in legal studies.. and pursuing a masters in criminal justice... where in this statute does it specifically say... "modified muffler"... it says it must be equiped with one... (in the case of the op PASS)....working condition (PASS)... emissions... (PASS) only because I doubt the cop is authorized to award a pass or fail on the nevada state emissions regulations... cutout (PASS cuz the op doesn't have one)... bypass (PASS cuz the op clearly has a straight pipe no bypass)... Smoke/fumes... Swapping mufflers with working precats would not yield smoke or fumes...

in conclusion... don't add to the law if it is not clearly stated

stillhere153

iTrader: (1)

CAN SOMEONE PLEASE LINK ME TO THIS 50 STATE LAW THAT SAYS YOU CAN'T MODIFY FACTORY EXHAUST....

I've been driving and modifying cars (4 total) for almost 5 years... each one... had a catback... or some sort of custom exhaust


ps. how long is the mid muffler removal thread... if it is a 50 state mandate... then it is a federal law... right? gee, then we'd have a federal prosecutor going after every single one of us who cutup our factory exhaust

SporkLover

Not to mention anyone who replaced a muffler due to rust.....

V-Sic

To the OP, I have had 4 tickets for "loud exhaust" on my 00' accord coupe. The first ticket I got reduced to $40, the second and third were thrown out(cool judge), and the fourth I had to pay $70(assh**e judge). The purpose of my post is fight it. The worst that can happen is you have to pay the full fine, but you may possibly get it reduced.

The one thing I hate about exhaust tickets is the fact that, a motorcyle or loud stock car(muscle cars) can have the loudest exhaust known to man, but they never get exhaust tickets, but once a foreign car(honda/acura) has a modified exhaust all hell breaks loose in the police dept. These are the types of laws that makes this countries law enforcement the biggest mobsters in the U.S. If its illegal to modify your exhaust, then maybe vendors shouldnt be allowed to sell them. Oh I forgot the they pay taxes, so we(U.S. gov/state) wouldnt want to do that!!!!!! **its almost like saying its legal for drug dealers to sell "weed", but its illegal for anyone to smoke it.

Tripnbeats

v-sic its more like......u can be high but dont let us catch u doin it or buyin it or selling it3....a buncha pigs n a buncha jerk off politicians said heyyyy lets make laws to fuck everyone and steal money.... u need to justify why you have it on the car and what it does n doesnt do.... the judge will be a cock sucker because he can be and most likely will be but make a valid statement like officer at which point did u realize my car was "tooooo" loud when you were 2 miles behind me trailing or from 8 ft away??

AndrewA

iTrader: (3)

Go to

NAC Chapter 484

and scroll down to NAC 484.150

NAC 484.150 Noise emission standards for operators of vehicles. (NRS 484.6101)

1. No person may operate either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle based on a distance of 50 feet from the center of the lane of travel within the speed limits specified in this subsection:


Any other motor vehicle and any combination of vehicles towed by a motor vehicle.............................. 76 dBA for under 35 MPG and 82 dBA for over 35 MPG

The officer didn't provide any proof that you exceeded these limits. Modifying an exhaust is not a per se rule, except that you can't have a cut out or bypass, which you have neither.

Fight it. Now, the judge may order you to submit to a test where they measure the sound level of your exhaust, but that's another story.

Tripnbeats

AndrewA

AndrewA

iTrader: (3)

A cutout is a removable panel on the muffler that allows air to exit without going through the restrictive baffling or chambers. Reduces back pressure to give more HP. Similarly a bypass is a selectable "fork" in the exhaust that lets you choose whether you divert air through the muffler or straight out to the atmosphere. He didn't have either so he's not in violation of 611. Now he may be in violation of 6101, but the officer didn't specifically indicate 6101 on the ticket (he only said excessive noise).

TeknoKing

You'll be surprised, the law actually is versed as such, you are allowed to smoke weed, you are just not allowed to acquire it...(can't purchase it, can't have it as a gift)....How can you use something that you cannot legally get

There are soooo many cars in NYC with exhaust decibel levels of the charts, as well as, harleys that blow your ear off...............my friends (who are cops), simply always say the respect American cars more...

Maybe change your license plate to say MadeInUSA.....(Ohio) lol.

maharajamd

iTrader: (1)

Motorcycles are allowed to be loud. The logic is if you can't see it, you need to hear it.

If your exhaust is not LOUD, then take a video with a decible test.

And why NOT fight a ticket? What's the worse thing that can happen?!

TeknoKing

^^^
based on your logic I'm going to install a greddy on my lawn mower...if you can't see it you need to hear it......

maharajamd

iTrader: (1)

^ Go ahead and make all the smart remarks you want, but it's the truth.

avs007

Couple things.... If it was illegal to "modify" your stock exhaust, than places like Meineke, Midas, Ed's Muffler Shop, etc, would all be out of business.

Second, "Modified Muffler", means the muffler was modified. It does not mean it was replaced with a suitable replacement. For example, Acura may try to void your intake's warranty if you modify your intake... Modify means gutting the airbox, removing the airbox completely and replacing it with a cone, etc. It does not mean putting in a K&N drop in filter in the existing air-box.

If you get a muffler that says it's for an Acura TL, then it's considered an aftermarket replacement. There is nothing illegal about that in and of itself. They can't require you to get an "Acura" brand muffer, more than they can require you to get an "Acura" brand oxygen sensor or "Acura" brand oil filter.

Now if there are specific noise regulations in play, that's different... However, "excessive noise" is too vague and subjective. What is excessive? That's like replacing all the speed-limit signs with signs that simply say, "Reasonable". Reasonable (excessive) to one, is not necessarily reasonable/excessive to another.

(I probably just work with (ie: get hassled by) too many attorneys in my job)

But I feel for you... A cop once hassled me inside a parking structure and tried to write a ticket for the exhaust on my G35 Coupe... Problem was the exhaust was completely stock.

1995hoo

This is one of the lamest arguments I've ever heard. Try going into court with a speeding ticket and arguing, "Well, Your Honor, sure I was doing 85 mph, but there was a Porsche doing 95 mph and the cop didn't pull him over, so that means I'm not guilty." You'll be laughed out of the courtroom.

If it bothers you that much, find a local attorney who specializes in traffic law. Asking for help on this forum is a crapshoot on things like this, unless you get some responses from people living in your area, because these sorts of laws are all state-specific. Be prepared to show him the summons, which usually states the precise law you're accused of violating (it may be a statute or a regulation or a local ordinance). I notice that you never cited this information here, so we're all speculating on what laws might apply. Can you post the information about what exactly the charge is and what laws are cited on the summons?

TeknoKing

I don't know....I never enjoyed threads like this period...

When I do/did any of my mods on any car I had, I always thought of the consequences...

As simple as getting a tint job one has to understand the laws he is bound by and be ready to pay for it....the reason the shops that do sell such illegal merchandise is pure and simple economics.... business taxes and of course tickets from such mods is a big revenue.

It's YOU who got a ticket not the mustang gt...... go to court, pay for it, and forget about it.
And I'm pretty sure the reason why you were pulled over is because you definitely caught the cop's attention maybe by revving your engine...just don't stand out as much.

Bearcat94

I agree totally with your post, except this little part:

skd2k1

iTrader: (1)

How does the cop know your muffler is modified? Did he get under there and look?

avs007

If this is the statute cited on the citation, and this is the actual statute, than you are absolutely not guilty. That statute has nothing to do with noise emissions. The reference to bypass or cut-out, is because those typically bypass your catalytic converter, thus circumventing an emissions device.

The citation mentioned excessive noise... That statute doesn't mention anything about excessive noise.

avs007

In fact, if you look at these meeting minutes, on page 10, section B. You'll see that the police officers were specifically asked to enforce NRS 484.611, with respect to their clean air projects.

FRIKI

damn that judge probably had good sex that morning...lol...i have no luck with those damn judges

erick3

f*cking cops...i feel ya man! but it seems that you're in a bit of a pickle...i doubt a lawyer would be worth while...

TL929

Cop pulled you over because he thought your exhaust "looked loud" lol...that's a bogus ticket, put your stock muffler back on and get it written off.

rka4570

iTrader: (1)

From the California Vehicle code

27151. (a) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise emitted
by the motor of the vehicle so that the vehicle is not in compliance
with the provisions of Section 27150 or exceeds the noise limits
established for the type of vehicle in Article 2.5 (commencing with
Section 27200). No person shall operate a motor vehicle with an
exhaust system so modified.
(b) For the purposes of exhaust systems installed on motor
vehicles with a manufacturer's gross vehicle weight rating of less
than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or
less, when tested in accordance with Society of Automotive Engineers
Standard J1169 May 1998, complies with this section. Motor vehicle
exhaust systems or parts thereof include, but are not limited to,
nonoriginal exhaust equipment.

KN_TL

iTrader: (3)

What ever happened to obeying laws and paying the price if you decide to test out the system?

Own up to it and pay, lame or not, its the law. If you don't like it, run for office and get it changed. It kills me when people do more to lie and cheat instead of taking the responsible route.

ricgrrarrow

i didn't ask any questions.. what part of "it's the same dickhead cop" didn't you get? haha he knew me, he just wanted to pin me for something.

i spoke with a friend of mine who is an officer, and he said there's no harm in fighting it. the worst that could happen is i have to pay the $200.

ricgrrarrow

for the record, my exhaust isn't all that loud, it's just noticable. haha it has stock tips on it, so it's not too obvious visually.

the violation i'm being charged with has to do with emmissions , correct me if i'm wrong. i actually passed emissions with flying colors a week before my ticket.

so the charges are false. i may be violating a noise barrier or whatever, but as far as emissions, there is no problem.

there's no hurt in fighting the ticket. especially because the ticket is false

Kracker

Who installed the Exhaust? Check with them to see if there are any local laws that you could be in violation of.

You should also consider contacting FlowMaster, they may not touch you for legal reasons, but maybe they will. Perhaps they have legal precedence that you can provide.

Maybe scientific data showing that the series 40 can not produce sounds greater that 95 db at 35 ft (what ever someone sited earlier).

blueninja36695

Cop are a bunch of dickhead and asshole. Once I got a ticket for one of those tinted licesen place cover. This have during a hot sunny day and he say he couldn't see my plate.

ndabunka

Huh? Does the ticket say that? But you are NOT being charged for an emissions issue. I thought you stated that you are being charged with an noise ordinance issue, right?

Go ahead and fight the ticket but just make CERTAIN that you know WHAT it is you are fighting. Many "would be" lawyer's try to argue crap that isn't relevant and that get's them convicted quicker than ...

scv76_

I don't know, I think it were me, I would expend a little effort to have the actual sound level of the exhaust system measured before I went into court.

If there is an actual ordnance that lists the not to exceed levels, you may have a case, since the officer did not take any kind of measurements.

Do not take any kind of sound recording with you.........what you need is scientific data to substantiate that you were in compliance with any noise law, it doesn't matter what someone thinks is too noisy or not too noisy.

To those who have no idea what certain dB levels sound like, below
are some ( in-the-cab) measurements I took of two different vehicles.
Sound level meter was on the passengers seat.

ricgrrarrow

the violation is listed for emmissions. but the officer said i was being cited for noise.

so in conflicts

Bearcat94

That's what I'm thinking. But then again, I'm no lawyer.

Your just passed emission/inspection should be useful.

A "noise test" wouldn't hurt (as previously mentioned). You exhaust is louder than stock, but did not sound freakishly loud in the vid.

What you really need is to stop talking about it on the internet and find a local expert. Talk to the muffler shop, talk to a lawyer on a "free consultation", etc.

erick3

well that's homosexual...first time i've ever heard of this happening!

ricgrrarrow

i would go talk to the muffler shop and make a big deal, but if you read my other thread about installing my exhaust, me and a buddy did all the work at the shop he works at.

so i know it's legal and i know what was taken out and put in.

i have spoken with a few local "experts" and i'm advised to fight this damn thing.

1995hoo

Ah, I went back and looked at the thread and realized I missed that. I tend not to read closely when someone ignores proper capitalization and grammar since it makes posts hard to read, and that's why I missed it.

It may well be worth making the argument that the statute the cop cited says absolutely nothing about noise. How can you know what "excessive" means when the cited statute says nothing about noise?

Setting that aside, the part about "excessive noise" on the summons is, as others have noted, decidedly vague. I wouldn't rely on making that argument in court for the first time, though. Try to find out whether your state lets you seek discovery of any and all records the police have relating to your ticket. You want to find out the basis for the "excessive noise" statement. Also, as others have said, get the thing tested to confirm whether it's within whatever the decibel limits are (which ought to be prescribed by statute or regulation....and I think they've been mentioned in this thread). If they're within the limits, ask the judge to make the cop explain how there could be "excessive noise."

XS2K

Everyone has really missed the point on this subject. Ricgrrarrow: We need the whole story, not just the exhaust system part. The real reason you were cited is probably because you were doing something else; speeding, hard acceleration, spinning the tires, or maybe careless driving in the officer's opinion. But he could not prove any of the other possibilities so he wrote a chicken-s#!t ticket for loud exhaust just to stick it to you and harrass you. He probably knows that it won't hold up in court and may not even show up in court if it gets that far. So go to court with your emissions test result, plead your case and I would guess that you have a 95% chance of having it dismissed. And yes, this is based on personal experience from a similarexperience.

avs007

A similar situation happened to my wife. They said she illegally passed on the shoulder, (even tho she was passing a vehicle she thought was disabled, since they had their flashers on).

Anyways, the cited statute just said that you had to drive within your own lane unless deemed safe by driver. I originally told my wife to argue, that the phrase, "unless deemed safe by driver" meant that if she thought it was safe to pass the apparent disabled car, then it was legal to cross the line.

Anyways, judge said that the police officer cited the wrong statute, as he said this statute was dealing with staying in your own lane with respect to other lanes, not the shoulder. So he dismissed the ticket.

So I would think based on this, your citation should get dismissed too... If there is a statute that lists what the specific db limits are, THAT statute should've been cited in the ticket... But than again, even if it was cited, the officer did not provide any numbers as far as how loud it was, how it was measured, and at what distance.

anx1300c

iTrader: (2)

So you think if all 50 states implement a similar law, it automatically becomes a federal law? That's not how it works and I never mentioned any federal law, but I pretty much guarantee if you pick 5 states off the top of your head and look hard enough, you'll find laws prohibiting exhaust tampering.

anx1300c

iTrader: (2)

So herein lies the ambiguity in the verbage: I guarantee the judge would consider a straightpipe, run in lieu of a mid muffler to be a "bypass".

rodneyc77

iTrader: (1)

in NYC... it's a $25 ticket... plus a day off from work to appear in manditory court... is it really worth all that trouble of building a case???

I used to just pay that damn thing... NYC just passed local law 77... the decibel level is much lower now... but it's ambient noise level...