imported_fine2ne

Big story made very short.

Going to wedding.
No Tie.
Went to friends house to pick up my tie.
Got Tie.
Comming home.
RED AND WHITEs
Excuse me do you know how loud that muffler is?
Yes I know IT is VERY Loud.
Give me my ticket so i can go to the wedding and be on my way.
Of course he takes his time.
$110 Improper Muffler need to take to court all i need is one reciept for an exhaust if anyone could help me out please let me know. fine1ne@rogers.com
:working:
Oh BY THE WAY POLICE

PULOVR

What is the ACTUAL WORDING & infraction # on the ticket?:working: ie ( section 32, subsec 21, of the HTA [only an example])? & the time of day the ticket was written.

imported_fine2ne

time 2:15 pm
Improper muffler - motor vehicle HTA sect 75 art 1

PULOVR

(taken from a previous thread)
Muffler
You’re allowed to change the muffler so long as it is in good working order and in constant operation to prevent excessive or unusual noise. Again, refer to the Intake section of this document on legal issues on the replacement of vehicle system or devices - you are allowed to change/replace your muffler. Also note, that the sound allowed to be emitted from your vehicle is 83 dBA as stated by Transport Canada in the Motor Vehicle Safety Act. The following is from the Highway Traffic Act. Since when is replacing your exhaust with an aftermarket one illegal? Even HONDA sells intakes and exhausts to their customers!

(a comment from "PULOVR")(just a note......it does not state, from what I have read, that the 83db is at idle or taken at a certian speed) I'll see if I can find out.
All cars, are way louder than 83db when you romp on it real hard!
Does that mean factory systems are illeagle too?

Muffler "HTA"

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle.

imported_fine2ne

Going to go to court and ask for a first attendance. If they drop the charges then fine if they do not drop the charge then off to court we go. Prove that my exhaust is excessivly loud? What is excessive? My car is emissions passed. It is a proper muffler and therefore it can not be claimed that it is improper. Could you please find out if that is at an idle or at speed the 83Db.


Thanks again

EL_Sport

What kind of muffler do you have?

Certain manufacturers can provide you with documentation that their exhaust systems are legal in terms of noise levels.

Dreggs

I'm going to be buying a muffler in the within the next week. Will a copy of that be useful for you?

punkindrublic

i read somewhere (i believe it was sport compact car) that the loudest your exhust could be was 95 db..... this was for the california transport code... so i would assume it'd be more lieniant here.... i mean i have no muffler just a 6 inch "mini cherry bomb" mounted right before a cheapo tip... its not deep what so ever... but at idle its very quiet.... and its loud as hell when you rev it up..... nevertheless i've been through many ride programs and even pulled over for other illegality issues but never a word said about my exhust

EL_Sport

From what I have heard, there is no actual sound level (DB measure) here. Its all up to the discretion of the officer in terms of what is "excessively loud".

punkindrublic

according to that article it did say that it was 95db.... and that the officers would have no means to measure it either way..... its all just the government making quota..... although some cars are to loud..... if your in the wrong place at the wrong time you get a ticket.....

imported_fine2ne

OK i have this all figured out. I spoke to the guy who owns my neighbourhood shop. I take it to court and the HTA does not state exactly what Db is excessive. I ask what test was done to say that my exhaust was too loud. None. Officer heard it and thought it was too loud. How do we distinguish between one officer to another? Simple answer. We do not. There is no standard or equal judgement here. Since no test was done, and there really is no standard. the case will be thrown out.

imported_94EG6HB

I don't know about you but a tractor trailer downshifting is alot higher than 95db.

And they drive around all the time going BLATTTT

Take this one to court too.

Bring video footage with your car and a decibel meter beside it while idling, with you emissions cert and results.

P.S If you car is REALLY loud don't do the video thing..

PULOVR

Again I talked to some "friends" of mine.......you might be out of luck........it is up to the police officer that gave you the ticket. If he said it was "Too loud" then his word is gold when it comes to being in court........you would have to prove that the cop is incompitant in some way when it comes to his hearing......(fat chance, unles you got a good lawyer). The 83 db is only a reference. If he thinks your muffler is too loud then its too loud. You should be going to a "first offence meeting" in stead of straight to court. (a new thing that they are doing to weed out the garbage tickets). You have three chances.....
1. they throw it out at the "meeting"
2. if it goes to court, hope the cop doesn't show.
3. if it takes really long to go to court........well that a whole new ball game.
It now come down to this.....is it worth a lost day from work to fight this?
If the cop said that the muffler was not certified for street use (and he wasn't complaining about the noise level, then you have a case......that's if you have a bill of sale that proves, it was designed for your make/model/year and was ok for street use.) That's what happened to me.

PULOVR

Look at the charter of rights thread....... for a "whole new ballgame."
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