I got pulled over on Dale Mabry in Tampa yesterday for having a "modified exhaust". I asked the officer what was wrong with it, was it too loud or did you just see it. He said that he can hear it so I replied so its a decidel problem then so how do you check it? He said he is not giving me a ticket for how loud it was but because it not the OEM exhaust. Is there such a law that you cannot buy and install an aftermarket exhaust, if so then why are all these muffler shops in business, arent what there doing is illegal then. It doesnt make sense to me that at some time in a vehicles life that the muffler will go bad sooner or later so what are you supposed to replace it with esecially in a car that is 14 years old. Does that mean your only supposed to buy parts from the dealership when dealers are only required to stock parts only up to 10 years of the year of the vehicle? I want to fight it in court but I need some insight.

 

well the magnason moss act says that you can buy air filters and I believe exhaust that is not oem without sacrificing the warranty. I think as long as you can show that the exhaust you have installed meets DOT requirements you could have it dropped.

The officer is coming to court to fight his position without having done any research on your vehicle or exhaust so if you can produce statements and documentation I think you would have a better than average chance and having it dropped.

I forget are there points for this ticket?

 

Post up the statute or ordinance number that you supposedly violated. We can go from there.

 

i got the same one27151 VC Modified Exhaustg pisses me off!!!

 

i wonder what that officer would say if you had a ferrari 360 challenge stradale, it is already quite loud straight out of the factory without any mods

 

The ticket states section 316.293 sub section 5B or SB and there are no points for this violation.

 

316.293 Motor vehicle noise.--


(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.

 

Here is the definition of the law.

http://www.leg.state.fl.us/Statutes/...20293#0316.293


Basically all the cop has to say is that he heard you from 50 ft away. Plus this crap I copied.

(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.

http://www.leg.state.fl.us/Statutes/...403/Sec415.HTM

4) NEW VEHICLE NOISE LIMITS.--No person shall sell, offer for sale, or lease a new motor vehicle that produces a maximum sound level exceeding the following limits at a distance of 50 feet from the center of the lane of travel under test procedures established under subsection (5):

(b) "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle.

(c) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle.

Does any of the following apply to the car?

(b) For any motor vehicle with a GVWR over 10,000 pounds, for any school bus, and for any multipurpose passenger vehicle, which is defined as a motor vehicle with motive power designed to carry 10 persons or less and constructed either on a truck chassis or with special features for occasional off-road operation:


Date of manufacture

Sound level limit


From January 1, 1973,
to December 31, 1976 ............ 86 dB A
On or after January 1, 1977 ............ 83 dB A

I am more curious about the GCWR and/or the GVWR 10,000lbs doesnt sound like a passenger vehicle

 

Section 9 has something of interesting. It mentions the use of a sound meter through a loan program plus training on its use. Further these devices have to tested for calibration just as radr and lidar devices do. Did he produce a sound meter or indicate that he recorded you using a sound meter?

I would have to question his traing in the use of such devices becasue radr/lidar cops have to undergo training and certification befoe they can be deployed with teh units.


8) REPLACEMENT EQUIPMENT.--

(a) No person shall sell or offer for sale for use as a part of the equipment of a motor vehicle any exhaust muffler, intake muffler, or other noise abatement device which, when installed, will permit the vehicle to be operated in a manner that the emitted sound level of the vehicle is increased above that emitted by the vehicle as originally manufactured and determined by the test procedures for new motor vehicle sound levels established under this section.

(b) The manufacturer, distributor, or importer, or designated agent thereof, shall file a written certificate with the department that his or her products sold within this state comply with the requirements of this section for their intended applications.

(9) OPERATING VEHICLE NOISE MEASUREMENTS.--The department shall establish, with the cooperation of the Department of Highway Safety and Motor Vehicles, measurement procedures for determining compliance of operating vehicles with the noise limits of s. 316.293(2). The department shall advise the Department of Highway Safety and Motor Vehicles on technical aspects of motor vehicle noise enforcement regulations, assist in the training of enforcement officers, and administer a sound-level meter loan program for local enforcement agencies.

 

If you look at that statute...they talk about motorcycles, vehicles over 10,000 GVWR and all those that don't fit the above 2 (which is where we fall):

(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).

c) For motor-driven cycles and any other motor vehicle not included in paragraph (a) or paragraph (b):

After January 1, 1979:
Speed limit 35 mph or less 72db
Speed limit over 35 mph 79db

 

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.

 

Ok it think the following applies to vehicle with less than10k lbs gcwr or gvwr.

(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

It seems that they have to be able to prove that you exceeded these limits as they apply to your vehicle year and from what I have read the person conducting the test must be trained and using a sound meter.

 

I do not believe he was within his rights when he gave you the ticket under the condition of the exhaust being a non oem. So if you form your efense around the way he misapplied this alw to your vehicle I think you would havea strong chabce at whoppin his @55 in court

 

8) REPLACEMENT EQUIPMENT.--

(a) No person shall sell or offer for sale for use as a part of the equipment of a motor vehicle any exhaust muffler, intake muffler, or other noise abatement device which, when installed, will permit the vehicle to be operated in a manner that the emitted sound level of the vehicle is increased above that emitted by the vehicle as originally manufactured and determined by the test procedures for new motor vehicle sound levels established under this section.

(b) The manufacturer, distributor, or importer, or designated agent thereof, shall file a written certificate with the department that his or her products sold within this state comply with the requirements of this section for their intended applications.

Seems to me they cant sell these things without filing a compliance data sheet. So how are these shops staying in biznez and could this statute come back to haunt the dealers

 

I wonder if my BOV would be considered an part of my exhaust? If so, 50 feet... I'm hosed!!! pppssssssssttttt