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View Full Version : Pulled over for excessive exhaust noise.


04azuremach
05-26-2006, 01:34 PM
I got a repair order and a ticket for "using device on motor vehicle extension causing excessive noise"

I've been looking up Maryland law and it appears he would need a scientific instrument to determine what is or isn't 'excessive'

22-402. Mufflers; prevention of noise; discharge of smoke; maximum period of idling.

(a) Mufflers.- Every motor vehicle with an internal combustion engine shall be equipped with an exhaust muffler system in good working order and in constant operation to prevent excessive or unusual noise, and no person may use a muffler cutout, bypass, or similar device on a motor vehicle on a highway. Noise levels in excess of those adopted by the Administrator under § 22-601 of this title are excessive.

(b) Prevention of noise.- A person may not use on the exhaust or "tail pipe" of a motor vehicle any extension or other device to cause excessive or unusual noise.

§ 22-601. Motor vehicle operation - Establishment of sound level limits.

(a) Administrator to establish limits.- With the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days' notice, the Administrator shall adopt regulations that establish maximum sound level limits for the operation on the highways in this State of each type of motor vehicle or combination of vehicles.

(b) Scope of limits.- In establishing limits under this section, the Administrator shall:

(1) Consider any noise emission regulations established under federal law for motor carriers engaged in interstate commerce; and

(2) Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost, is consistent with attaining the environmental noise standards adopted by the Department of the Environment.

§ 22-602. Same - Operation not to exceed maximum limits.

(a) In general.- A person may not drive on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles.

(b) Permitting vehicles to be driven on highway in violation of section.- An owner or lessee of a motor vehicle may not permit to be driven on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles.

§ 22-603. Same - Regulations for administration and enforcement.

(a) Administrator to adopt.- The Administrator and the Department of State Police jointly shall adopt regulations for the administration and enforcement of the sound level limits established under § 22-601 of this subtitle for the operation of vehicles.

(b) Scope of regulations.- These regulations shall include the selection of measurement sites and measurement procedures to be based on accepted scientific and professional methods for the measurement of vehicular sound levels.





Think this is worth fighting? :grr:

Thunderbolt
05-26-2006, 01:41 PM
I would contest it. Looks like he needs technological proof like the manual says. I'd fight it. You've got nothing to lose except your money.

xMach
05-26-2006, 01:49 PM
shouldnt he have used a decibal reader to actually prove that your exhaust was overly loud?

2k4mk1
05-26-2006, 01:50 PM
Definately worth it. I got one for the same here in SA and wnet to a shop got a print out stating car had Cats Mufflers and all components neccesary to pass state insp and ticket was dismissed. The shoop ddint even charge me for the insp of exhaust sys.

01TruBluGT
05-26-2006, 01:57 PM
Well here is the deal. I really didn't see a specific db level mentioned so who knows what it is. If you can find that then you have a chance as you have a specific measurment that can only be pinpointed with a calibrated meter of which the officer didn't use. However I have seen areas where the level is what a person can hear from a set distance i.e. if the officer can hear your stereo and or exhaust from so many feet away, if thats the case you don't stand a chance.

On the other side of the coin if you fight it and loose you will now be forced to pay court cost as well as the original fine. If you just pay it you will just be paying the fine. Either way it is a non-moving so it wont affect your insurance.

On a side note, taking it to court could have reprocutions of its own. They could make you submit to a vehicle inspection where they test your exhaust system db's, and look it over with a fine tooth comb to find any other violation you have on your car.

Out of personal experience I almost beat a Tint ticket the same way. The officer said it was too dark and ticketed me but he never put a meter on it. It was a combo deal with speeding and tint, the ADA said "we can do this two ways, you can skate on the tint over a technicality and go before the judge on the speeding, or you can plead guilty to the tint and I will knock the speeding to a non-moving....your choice."

birdman941
05-26-2006, 02:03 PM
Now I remember why I don't like really loud exhaust.
Cats, shorties and flowmasters sound good, and no tickets.
This way, the cops can handle ricers and "others"
with the loud dang stereos playing that (C)rap "music".
But then, I am 46 YO rocker.

Catman
05-26-2006, 02:08 PM
Ugh I'll have to watch out for that, my bud was pulled over like 2-3 years ago for the same thing, but cop just gave him a warning.

starscream
05-26-2006, 02:58 PM
Just out of curiosity, what kind of exhaust mods do you have on your car?

04VAMach1
05-26-2006, 03:01 PM
Well here is the deal. I really didn't see a specific db level mentioned so who knows what it is. If you can find that then you have a chance as you have a specific measurment that can only be pinpointed with a calibrated meter of which the officer didn't use. However I have seen areas where the level is what a person can hear from a set distance i.e. if the officer can hear your stereo and or exhaust from so many feet away, if thats the case you don't stand a chance.

On the other side of the coin if you fight it and loose you will now be forced to pay court cost as well as the original fine. If you just pay it you will just be paying the fine. Either way it is a non-moving so it wont affect your insurance.
It all depends on how "The Administrator" sets the limits. They could be set to a decibel level or a distance...we don't know from what was posted here.

As far as paying the fine, here in VA you will pay court costs whether you go to court or not...it will cost you the same amount. Since it is a repair order, in VA that means that you need to show that the problem has been corrected in addition to the fine.

Is this the code that you were cited for? VA has many general codes that you can be cited on, but they also get us on exhaust...mufflers must be a direct factory style replacement and specifically excludes straight-through mufflers.

2k4mk1
05-26-2006, 03:37 PM
Well here in TX it is the same no specific DB level it is "officers opinion. SO I still say fight it

FloridaOrange
05-26-2006, 03:40 PM
Now I remember why I don't like really loud exhaust.
Cats, shorties and flowmasters sound good, and no tickets.
This way, the cops can handle ricers and "others"
with the loud dang stereos playing that (C)rap "music".
But then, I am 46 YO rocker.

Steve, remember where we live. We don't get tested like that. :yeh:

04 - If your loud but legal (cats and all) I would fight it. At least make them make a ruling of what is too loud, as opposed to somebodies opinion. Maybe the cop has never driven anything louder than his cruiser...

Gasisontheright
05-26-2006, 03:53 PM
I would definately fight this one, unless he actually used a decible meter before he pulled you over.

Here in Ohio the noise "limit" is 70 db at something like 50ft (looked that up before I got and SLP X and LM1), which I don't see how they could be in that exact position with a decible meter. I really don't see how they could find you guilty unless the LEO was using a decible meter. But if the state law doesn't give a specific db level you might have to pay. Just my $0.02

ponygt65
05-26-2006, 03:55 PM
I agree. Find out what the STATE considers too lound, go to radio shack and buy a Db meter ($25) and test it. If it isn't close, I wouldnt' fight it. If it is, then fight it, and them test it. OR, go to a shop and have them do it as written proof from an unbiast point of view.

If they go off of distance and noise, that will be hard to fight. but you can still do it. Make the officer 'proove' the distance and noise level....

I hate the end of the month....dang quotas.

Edit: in CA, I am over the limit. dB levels are a max. of 90, Borlas are 96 alone @ 3K rpm.....that's not including my x-pipe.

birdman941
05-26-2006, 03:58 PM
Steve, remember where we live. We don't get tested like that. :yeh:

04 - If your loud but legal (cats and all) I would fight it. At least make them make a ruling of what is too loud, as opposed to somebodies opinion. Maybe the cop has never driven anything louder than his cruiser...
The noise laws in Florida are very strict, but not enforced at all.
Eventually, they will be.
Then all the loud cars, Harleys, etc. will be paying the price.

04azuremach
05-26-2006, 04:36 PM
I have bassani mid length headers offroad X pipe and borla cat back.

I just got a shop to check my exhaust and I passed. (it pays to know your mechanics)

Being that I passed MD state inspection for the repair order, how can they try me for excessive exhaust noise now? :wtf:

04azuremach
05-26-2006, 04:38 PM
Well here is the deal. I really didn't see a specific db level mentioned so who knows what it is. If you can find that then you have a chance as you have a specific measurment that can only be pinpointed with a calibrated meter of which the officer didn't use. However I have seen areas where the level is what a person can hear from a set distance i.e. if the officer can hear your stereo and or exhaust from so many feet away, if thats the case you don't stand a chance.

On the other side of the coin if you fight it and loose you will now be forced to pay court cost as well as the original fine. If you just pay it you will just be paying the fine. Either way it is a non-moving so it wont affect your insurance.

On a side note, taking it to court could have reprocutions of its own. They could make you submit to a vehicle inspection where they test your exhaust system db's, and look it over with a fine tooth comb to find any other violation you have on your car.

Out of personal experience I almost beat a Tint ticket the same way. The officer said it was too dark and ticketed me but he never put a meter on it. It was a combo deal with speeding and tint, the ADA said "we can do this two ways, you can skate on the tint over a technicality and go before the judge on the speeding, or you can plead guilty to the tint and I will knock the speeding to a non-moving....your choice."There are no moving violations to deal over this... just an excessive exhaust ticket and an exhaust repair order

04azuremach
05-26-2006, 04:39 PM
He pulled me over while doing radar, but I was not speeding because I passed them earlier in the day and knew they were there. He never mentioned speeding either.

2k4mk1
05-26-2006, 05:25 PM
Being that I passed MD state inspection for the repair order, how can they try me for excessive exhaust noise now? :wtf:

Thats how I got mine thrown out you should get off scott free.

BlackMach
05-26-2006, 07:06 PM
I fought my "Loud Pipes" violation ($50 fine).

Paid the $20 to go De Novo, cop didn't show up...I won.

:yeh:

Doesn't mean anything if you have an inspection sticker, you could have "modified" your exhaust after you got the sticker. Only way you could win on that angle in my state is to have a State Inpection Center give you a clean bill of health with your current setup, but you aren't running cats, so you'd lose anyway.

Go ahead and contest the ticket, and hope the cop doesn't show up in court.

04azuremach
05-26-2006, 07:43 PM
I fought my "Loud Pipes" violation ($50 fine).

Paid the $20 to go De Novo, cop didn't show up...I won.

:yeh:

Doesn't mean anything if you have an inspection sticker, you could have "modified" your exhaust after you got the sticker. Only way you could win on that angle in my state is to have a State Inpection Center give you a clean bill of health with your current setup, but you aren't running cats, so you'd lose anyway.

Go ahead and contest the ticket, and hope the cop doesn't show up in court.
I left my car to be Maryland inspected 15 minutes after being pulled over. I just got it back when I did the last 3 posts

BlackMach
05-26-2006, 07:49 PM
I left my car to be Maryland inspected 15 minutes after being pulled over. I just got it back when I did the last 3 posts

In my state, inspection is visual as well, and if they saw no cats, you'd get no sticker.

:notsure:

You're lucky if running an O/R mid pipe in your state is legal.

04azuremach
05-26-2006, 07:50 PM
In my state, inspection is visual as well, and if they saw no cats, you'd get no sticker.

:notsure:

You're lucky if running an O/R mid pipe in your state is legal.
It's not legal.

Like I said in an above post, it pays to know your state certified mechanic :devil:

BlackMach
05-26-2006, 07:54 PM
It's not legal.

Like I said in an above post, it pays to know your state certified mechanic :devil:

I hear you there.

Unfortunately for you though, it looks like you're still paying...

04azuremach
05-26-2006, 07:56 PM
I hear you there.

Unfortunately for you though, it looks like you're still paying...
The ticket code is 22-402 which is the first one listed... it's a violation of having a legal exhaust system-not being too loud or disturbing the peace which I proved to be wrong by having the car inspected immediately.

BlackMach
05-26-2006, 08:02 PM
The ticket code is 22-402 which is the first one listed... it's a violation of having a legal exhaust system-not being too loud or disturbing the peace which I proved to be wrong by having the car inspected immediately.

In my state the laws pertaining to modified exhausts are so vague, technically any exhaust system other than stock could be interpeted as illegal. We here are at the mercy of "The Man".

:grr:

Mark04Mach1
05-26-2006, 08:08 PM
that sucks man!

GR8 WYT
05-26-2006, 09:43 PM
I live in waldorf MD and know some State Boys who said they can write you a ticket for ANY thing you do to a car that is not a factory option. Never have seen the specific code...but I understand they have the ability since so many ricers were slamming their cars so low it was not safe. Get this....the State boys have "1 year and a day" to write you a ticket for a violation they see. So if you do a burnout, the cop does nothing and later he sees you and dicides to write the ticket you are SCREWED!

Welcome to the Peoples Rebuplik of Maryland...................

04azuremach
05-26-2006, 11:03 PM
I live in waldorf MD and know some State Boys who said they can write you a ticket for ANY thing you do to a car that is not a factory option. Never have seen the specific code...but I understand they have the ability since so many ricers were slamming their cars so low it was not safe. Get this....the State boys have "1 year and a day" to write you a ticket for a violation they see. So if you do a burnout, the cop does nothing and later he sees you and dicides to write the ticket you are SCREWED!

Welcome to the Peoples Rebuplik of Maryland...................
But they have absolutely no proof that my car has been modified.

BlackMach
05-27-2006, 07:48 AM
But they have absolutely no proof that my car has been modified.

Not that I'm defending the cop here, but it doesn't take a genius to know if a Mustang is running an O/R mid pipe, or has a modified exhaust system. The cops have been around enough of these vehicles to know if a car is stock or not.

As for proof, has anyone even looked under your car? You would definately fail the "Visual" part of our vehicle State inspection.

slow.04
05-27-2006, 09:16 AM
well .well well see it pays to know a state inspecter .....oh ... or be one ...hahahahahahahah. never got ticket for any mods. carry a rubber stamp. and sign it hand it right back ...

Linumup
05-27-2006, 09:24 AM
I live in waldorf MD and know some State Boys who said they can write you a ticket for ANY thing you do to a car that is not a factory option. Never have seen the specific code...but I understand they have the ability since so many ricers were slamming their cars so low it was not safe. Get this....the State boys have "1 year and a day" to write you a ticket for a violation they see. So if you do a burnout, the cop does nothing and later he sees you and dicides to write the ticket you are SCREWED!

Welcome to the Peoples Rebuplik of Maryland...................


I would like to see this . My business partners wife works for the top lawyer firm on the east coast . She has told me some real horror stories . But the most important story is this . Your lawyer is the one who decides your fait . I will always use her firm . A top lawyer can put the screws to the legal system and literally put a hole in their case large enough to drive your Mach through . Do i agree with this ? No , but i have learned to adpt. and work with the system . Drown them in paperwork for years if they want too . Im not worried about tickets or mods . Bring em on .

04azuremach
05-27-2006, 09:40 AM
Not that I'm defending the cop here, but it doesn't take a genius to know if a Mustang is running an O/R mid pipe, or has a modified exhaust system. The cops have been around enough of these vehicles to know if a car is stock or not.

As for proof, has anyone even looked under your car? You would definately fail the "Visual" part of our vehicle State inspection.
The police officer never looked under my car. My repair order has been signed off on by the state inspector. The only thing that remains is the ticket for 5/26/2006. It doesn't matter what they see on my car now, it matters what condition it was in on that day for that incident. And according to the state inspector it was 100% legal at the time.

I'll just play the limited edition rare engine special stock exhaust card and say it's a throw back to the original muscle cars and it was loud from the factory :tongue:

Linumup
05-27-2006, 09:44 AM
The police officer never looked under my car. My repair order has been signed off on by the state inspector. The only thing that remains is the ticket for 5/26/2006. It doesn't matter what they see on my car now, it matters what condition it was in on that day for that incident. And according to the state inspector it was 100% legal at the time.

I'll just play the limited edition rare engine special stock exhaust card and say it's a throw back to the original muscle cars and it was loud from the factory :tongue:


Sounds great unless the State prosecuter is a Mustang enthusiast .

04azuremach
05-27-2006, 09:46 AM
Sounds great unless the State prosecuter is a Mustang enthusiast .
Unlikely, but possible I guess.