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Ticketed: Improper Exhaust System

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Old Feb 7, 2004 | 09:01 PM
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Ticketed: Improper Exhaust System

So I'm on my way back to school when I get pulled over. I wasn't speeding, so I was like uhh...

Cop gets out, asks for my stuff, and I ask him why I was pulled over, and he says "is this an aftermarket exhaust?" I answer yes, and he proceeds to tell me some section of code that says that any vehicle fitted with an exhaust that doesn't come from the factory is illegal. Of course I'm like wtf is going on, since I've never heard or seen anything of this nature. I try to ask the cop about it, but he's rude as hell and cuts me off and tells me to "tell your friends about it too" as if I was some part of a ricey car ring or something..

Then he continued to say unnecessary stuff like "maybe when you're older how would you like to be woken up by a loud exhaust?" and instead of letting me ask questions he continues to cut me off, and then finally asks "do you think this exhaust is loud?" "officer, i just want to ---" "DO YOU THINK THIS EXAHUST IS LOUD?" "not really" and then the cop walks off. Basically, his attitude was absolute ****. I got the number for his department and I'm gonna give them a ring tomorrow.

Here is what I'm wondering, I thought that the law said something about the decibel level of the exhaust e.g., IIRC, something like < 55dB at 5000rpms.

This ticket is only a fine, but I'm pretty pissed and if I have anything to fight against it I'd do it. If my above assumption about the dB levels is correct, I'd want to try to get a stock Evo (maybe Nate?) and get a dB measure of the exhaust vs. mine with the silencer in it (he pulled me over w/o the silencer). With the silencer, the exhaust is comparable to stock if not quieter, so I don't see the problem. Couldn't I tell the judge that I put on an aftermarket exhaust solely for aesthetic purposes, and if it were just as loud as the factory exhaust, it shouldn't matter? Hell, I own the car, I should be able to do what I want to it....

Man.. any suggestions?


EDIT: He put my race down as white. wtf? I wonder if it has anything to do with the demographics in their database, or maybe that he often pulls over Asians so instead he puts down white as my race... uhhh.. okay.

Also, the ticket was written down as a "county violation" so I assume this applies only to Fairfax County (Fairfax County in Northern VA, but I could be wrong).
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Old Feb 7, 2004 | 09:19 PM
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You were probably cited under 46.2-1049:

No person shall drive and no owner of a motor vehicle shall permit or allow the operation of any vehicle on a highway unless it is equipped with an exhaust system of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment, in good working order and in constant operation to prevent excessive or unusual noise. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make.

The term "exhaust system," as used in this section, means all the parts of a motor vehicle through which the exhaust passes after leaving the engine block.

Chambered pipes are not an effective muffling device to prevent excessive or unusual noise.
If you take this to a judge, you're almost certain to get it thrown out -- the officer will have to produce evidence that the noise was excessive or unusual, evidence which he doesn't have. The idea of you producing evidence of sound levels -- sounds great but you probably don't need to go to the trouble. Remember, they need to prove "beyond a reasonable doubt" that your noise was excessive or unusual.
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Old Feb 7, 2004 | 09:21 PM
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From: NorCal
Here's the specific thing the cop stuck me for:

http://leg1.state.va.us/cgi-bin/legp...+cod+46.2-1049

It would appear that it's not "illegal" to install an aftermarket exhaust so long as it performs what the standard factory equipment does without being excessively loud. But what constitutes excessively loud?
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Old Feb 7, 2004 | 09:22 PM
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From: NorCal
Originally posted by jbrennen
You were probably cited under 46.2-1049:



If you take this to a judge, you're almost certain to get it thrown out -- the officer will have to produce evidence that the noise was excessive or unusual, evidence which he doesn't have. The idea of you producing evidence of sound levels -- sounds great but you probably don't need to go to the trouble. Remember, they need to prove "beyond a reasonable doubt" that your noise was excessive or unusual.
Ah, thanks. Yeah, it's a pain in the ***. I was wondering about that, because what is "excessively loud"?

What are chambered pipes, btw?
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Old Feb 7, 2004 | 09:40 PM
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Had the same thing happen to me a few months back...I've had an N1 catback on my car for over 3 years...and suddenly a cop tries to me a hero...and I get a fine.

Definately take it to court...since he presented no decible reading the judge will throw the case out. If he tries to say that anything "aftermarket" is illegal...then a generic replacement exhaust that Midas puts on a Ford Taurus must be illegal too, lol
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Old Feb 7, 2004 | 09:43 PM
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From: bay area
The limit you're thinking of is probably closer to 95dB ...

I am not sure how Harley-Davidsons etc. get away with it ...
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Old Feb 7, 2004 | 09:56 PM
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From: 909insoCaL n da 808state
Originally posted by ez76
The limit you're thinking of is probably closer to 95dB ...

I am not sure how Harley-Davidsons etc. get away with it ...
i have heard that motorcycles dont have to get smogged and emission laws also dont apply to them
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Old Feb 7, 2004 | 10:08 PM
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move to detroit.. there's so much loud american iron that cops don't care one bit what exhaust you're running on your car.
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Old Feb 7, 2004 | 10:58 PM
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From: Between the Blue and the Sand
My gf got pulled over in VA. She is Vietnamese....the cop listed her as 'white' also. I was told that in VA, the cops have simplified their categorizations to white, black, hispanic.

btw, in VA, when a cop asks you if your exhaust is modified, you say NO....regardless of whether it is or not. Because it is up to them to prove that it is an aftermarket piece. Sure they could still ticket you, but that give you time to switch back to stock before going to court to prove it's 'stockness'....huhu

sorry to hear you got pulled over though. The police in VA are one group of individuals I really do not miss after moving outta there.

SC~
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Old Feb 7, 2004 | 11:08 PM
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Re: Ticketed: Improper Exhaust System

Originally posted by zstryder
So I'm on my way back to school when I get pulled over. I wasn't speeding, so I was like uhh...

Cop gets out, asks for my stuff, and I ask him why I was pulled over, and he says "is this an aftermarket exhaust?" I answer yes, and he proceeds to tell me some section of code that says that any vehicle fitted with an exhaust that doesn't come from the factory is illegal. Of course I'm like wtf is going on, since I've never heard or seen anything of this nature. I try to ask the cop about it, but he's rude as hell and cuts me off and tells me to "tell your friends about it too" as if I was some part of a ricey car ring or something..

Then he continued to say unnecessary stuff like "maybe when you're older how would you like to be woken up by a loud exhaust?" and instead of letting me ask questions he continues to cut me off, and then finally asks "do you think this exhaust is loud?" "officer, i just want to ---" "DO YOU THINK THIS EXAHUST IS LOUD?" "not really" and then the cop walks off. Basically, his attitude was absolute ****. I got the number for his department and I'm gonna give them a ring tomorrow.

Here is what I'm wondering, I thought that the law said something about the decibel level of the exhaust e.g., IIRC, something like < 55dB at 5000rpms.

This ticket is only a fine, but I'm pretty pissed and if I have anything to fight against it I'd do it. If my above assumption about the dB levels is correct, I'd want to try to get a stock Evo (maybe Nate?) and get a dB measure of the exhaust vs. mine with the silencer in it (he pulled me over w/o the silencer). With the silencer, the exhaust is comparable to stock if not quieter, so I don't see the problem. Couldn't I tell the judge that I put on an aftermarket exhaust solely for aesthetic purposes, and if it were just as loud as the factory exhaust, it shouldn't matter? Hell, I own the car, I should be able to do what I want to it....

Man.. any suggestions?


EDIT: He put my race down as white. wtf? I wonder if it has anything to do with the demographics in their database, or maybe that he often pulls over Asians so instead he puts down white as my race... uhhh.. okay.

Also, the ticket was written down as a "county violation" so I assume this applies only to Fairfax County (Fairfax County in Northern VA, but I could be wrong).
if that dB law is correct then a Stock S2000 would be illegal there??? dont think so...
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Old Feb 9, 2004 | 07:28 AM
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From: Agrestic
The law says:

"An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make."

All aftermarket exhausts are illegal under this section of code if they're louder than the stock system. All an officer has to say is that he's witnessed the noise emitted by a stock Evo and testify that the aftermarket system is louder. If you had evidence of an objective test conducted by a laboratory that demonstrated that aftermarket was not louder than stock, then you'd have a chance. Regardless, you're driving a car that is a lightning rod for cops. The exhaust, legal or not, only gives a cop probable cause for pulling you over. God forbid you've got any other issues going on that the cop picks up on.
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Old Feb 10, 2004 | 10:09 AM
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Bastards...that does it...I'm moving to Florida...you can run with no cats down there!
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Old Feb 10, 2004 | 10:13 AM
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From: Alexandria, VA
Originally posted by NOVA EVO
Bastards...that does it...I'm moving to Florida...you can run with no cats down there!
no cats? hrmm i thought that was a federal law
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Old Feb 10, 2004 | 10:34 AM
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From: San Diego
Originally posted by nastea


no cats? hrmm i thought that was a federal law
Sort of. Federal law says that new cars must have a catalytic converter, and that removing that catalytic converter is illegal -- except that it may be replaced under very specific circumstances.

The act of selling a new car with no catalytic converter -- illegal.

The act of removing a working catalytic converter -- usually illegal.

Driving or owning a car with no catalytic converter -- apparently not prohibited by Federal law.

States may of course pass their own laws about catalytic converters, which might be more strict than Federal law.
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Old Feb 10, 2004 | 10:35 AM
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From: Virginia
Originally posted by nastea


no cats? hrmm i thought that was a federal law
It is a federal law. I think he means there are no emissions laws in Florida. There arent emissions checks in SW Virginia also. Alabama doesn't have any, neither does Tennessee.

Zstryder, I got pulled over on the way back from snowboarding 2 weeks ago (speeding) and the damn cop asked me the same thing.
<Redneck Voice> Is that there exhaust come from the factory? <Normal Voice> Um... no.
<Redneck Voice> You know that's illegal to have a non-factory exhaust in the state of Virginia?
<Normal Voice> Oh really, I wasnt aware. As you can see officer I have all of the registrations right there on the windshield.
<Redneck Voice> Dont tell me how to do my job, you damn kids are always doing something.

Then i got a ticket for speeding, no citation for the exhaust though. Good thing he didnt look under the car and notice my delete pipe. I would have been ****ed hard.
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