Just got an exhaust ticket in FL.
Just got an exhaust ticket in FL.
Just got a ticket for having a muffler that wasn't stock. I was told its illegal to have anything other than stock in Florida. This is news to me. So I guess you can't go to a muffler shop and replace your muffler if it rusts out huh? I hate cops with nothing better to do.
End rant.
End rant.
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Originally Posted by EVIL MR
what are you saying??????
Originally Posted by krafty
Just got a ticket for having a muffler that wasn't stock.
The cop claims its illegal to have anything other than stock, I did NOT get a ticket for to loud, but because it was not factory. I read the statute and could find any thing about it being illegal. Here it is, any help would be great.
The comments section of the ticket states "Improper Exhaust"
316.610 Safety of vehicle; inspection.--It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter. (1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.
The comments section of the ticket states "Improper Exhaust"
316.610 Safety of vehicle; inspection.--It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter. (1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.
Last edited by krafty; Apr 15, 2005 at 07:41 AM.
HAHAHA, he gave you that one huh?
Lol
Seriously, fight it, fight it and win.
His point, and only point on the subject would be that he would have to prove your exhaust was a hazard towards other drivers. Meaning it would have to hang low (in the event it was too low and hit a bump, could become a projectile) or stick out past the bumper. Both of those statements are probably not going to fly, since most aftermarket exhaust are created DOT legal.
He could actually go under a different statement, that the exhaust you put on is not working properly or is damaged, IE rusted pipes/mufflers. But we all know it's not defective.
As long as your exhaust meets the 95 db sound requirement and still has a cat, you will get off scot free.
I will tell you now, Officers use that Statute as a coverall for whatever they need it to be. Take it to court, they should throw it out immediately.
Another point, if you still have the stock exhaust, put it on when you go to court. It couldn't hurt. If you say you have a performance vehicle with a performance exhaust they might ask to see it. Upon inspection it would show no hazards, and meet the sound requirement, and emissions (Cat).
Anyway, you shouldn't have a problem at all. The main idea here for the Officers is, you win some, you lose some. More often than not, the individuals do not fight the exhaust tickets, and the big man wins. All the more reason to fight it. They know it's a grey area that doesn't exactly allude to anything specific, it's a coverall, so it's time we the people should know.
Another point in fact, even if you were speeding at the time, or whatever the case may be, if you go to court, the only thing they can charge you with is that exact statute number. So if the Officer actually shows up and exclaims you were speeding or whatnot, remember it's not documented as such. Focus is on the 316.610 statute and that one alone.
Lol
Seriously, fight it, fight it and win.
His point, and only point on the subject would be that he would have to prove your exhaust was a hazard towards other drivers. Meaning it would have to hang low (in the event it was too low and hit a bump, could become a projectile) or stick out past the bumper. Both of those statements are probably not going to fly, since most aftermarket exhaust are created DOT legal.
He could actually go under a different statement, that the exhaust you put on is not working properly or is damaged, IE rusted pipes/mufflers. But we all know it's not defective.
As long as your exhaust meets the 95 db sound requirement and still has a cat, you will get off scot free.
I will tell you now, Officers use that Statute as a coverall for whatever they need it to be. Take it to court, they should throw it out immediately.
Another point, if you still have the stock exhaust, put it on when you go to court. It couldn't hurt. If you say you have a performance vehicle with a performance exhaust they might ask to see it. Upon inspection it would show no hazards, and meet the sound requirement, and emissions (Cat).
Anyway, you shouldn't have a problem at all. The main idea here for the Officers is, you win some, you lose some. More often than not, the individuals do not fight the exhaust tickets, and the big man wins. All the more reason to fight it. They know it's a grey area that doesn't exactly allude to anything specific, it's a coverall, so it's time we the people should know.
Another point in fact, even if you were speeding at the time, or whatever the case may be, if you go to court, the only thing they can charge you with is that exact statute number. So if the Officer actually shows up and exclaims you were speeding or whatnot, remember it's not documented as such. Focus is on the 316.610 statute and that one alone.
I got a ticket for the same thing. But in the comment section of mine it said modified exhaust. I thought it was like knyght said and had to be over 95 dbs to get a ticket but he still wrote me the ticket without even measuring the sound level.
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the DP and test pipe is still the wildcard though when he takes it to court...I really dont' think he should lie or cheat by putting the stock back in...but I mean, its not rusted, hanging low, or sticking out...so no offense...
One more thing..
If you really wanted to do something. Go to your local police department and/or sheriff's office, and ask them to inspect your exhaust for legality. When they test for emissions(Cat), sound levels, and placement of the muffler and tip(not exceeding the bumper line, or hanging too low) and find your car fit for highway travel, have them sign off on it. Then take it to court with you.
Now, did the officer that wrote you a ticket physically inspect the exhaust? Because they are required to by law before handing out tickets.
If you really wanted to do something. Go to your local police department and/or sheriff's office, and ask them to inspect your exhaust for legality. When they test for emissions(Cat), sound levels, and placement of the muffler and tip(not exceeding the bumper line, or hanging too low) and find your car fit for highway travel, have them sign off on it. Then take it to court with you.
Now, did the officer that wrote you a ticket physically inspect the exhaust? Because they are required to by law before handing out tickets.



