Improper muffler. What to do??
I have a ticket for improper/no muffler, and the court for it is on wednesday. I was wondering about wut to do?? BTW my muffler is really really quiet, u can't really hear it when RPM is lower than 3000.
so basicly the officer stopped me for my sound system being too loud while he was ticketing another civic for muffler, so he just saw my muffler & gave me a ticket for it along with a ticket for "unnecesary noise" for the strereo. He didn't even ask me to rev the car or anything. when I went up to their car to talk further his partner told me "Look at the size of that pipe... thats def illegal...", WTF???
I was stopped once before and the officer just asked me to rev my car up to 3000 rpm and I did so, and he said that everything is fine with my muffler! so they can just make something illegal whenever they feel like it??
So I'm thinking now wut to do or wut to say at court??? like, should I just remove the muffler or look for a silencer for it?? or I can fight it at court sayin itz a quiet muffler??
also wut can I do for the noise ticket???
since the court is on wednesday, I would appreciate any fast responce
thanks
I will update u guys on wednesday after I get back from court.
so basicly the officer stopped me for my sound system being too loud while he was ticketing another civic for muffler, so he just saw my muffler & gave me a ticket for it along with a ticket for "unnecesary noise" for the strereo. He didn't even ask me to rev the car or anything. when I went up to their car to talk further his partner told me "Look at the size of that pipe... thats def illegal...", WTF???
I was stopped once before and the officer just asked me to rev my car up to 3000 rpm and I did so, and he said that everything is fine with my muffler! so they can just make something illegal whenever they feel like it??
So I'm thinking now wut to do or wut to say at court??? like, should I just remove the muffler or look for a silencer for it?? or I can fight it at court sayin itz a quiet muffler??
also wut can I do for the noise ticket???
since the court is on wednesday, I would appreciate any fast responce
I will update u guys on wednesday after I get back from court.
I suggest doing some research about the noise and car laws in your area as they may be different for every state, county, and/or country. Search online for that info. Searching gov't sites for actual laws is your best bet. I would do that and then prepare and arguement for court on wednesday. dress nice, take pictures of your car and then explain in detail what the cop did, what he said, etc. be polite and show respect. mention that you're a car enthusiast and have not broken any laws in the past. etc etc.
remove aftermarket muffler and put your OEM one back on. appear in court and tell the judge you fixed the problem... make sure you bring the ticket with an officers siganture on the back of it stating your muffler is legal as well. its proof because with the sig on the fix-it ticket, the judge can dismiss it and you just pay the simple court fees.
if your gonna fight, make sure its reasonable and you have evidence to back it up. ive seen folks come in walk-in court and say "yeah, i got it fixed"... judge asks: "well, do you have any kind of proof that you fixed this problem?" and they just say nothing. $350 down the drain because people dont bring in evidence to support there argument.
im not familar with Canada laws, but search and see what are the legal noise (dB) limits and whatnot. im currently in the process of fighting a music ticket violation as well, my argument is each person has different hearing abilities and the legal dB limit law is 95dB whereas my stereo is only capable of 89dB as of the manufactuers stereo specs.
when you goto court, mention how the officers judge the sound of your vehicle by its "pipe size" and a previous officer said your muffler was legal. but then again, your gonna need proof for that statement.
always fight your tickets, you have nothing to lose at this point,
goodluck
if your gonna fight, make sure its reasonable and you have evidence to back it up. ive seen folks come in walk-in court and say "yeah, i got it fixed"... judge asks: "well, do you have any kind of proof that you fixed this problem?" and they just say nothing. $350 down the drain because people dont bring in evidence to support there argument.
im not familar with Canada laws, but search and see what are the legal noise (dB) limits and whatnot. im currently in the process of fighting a music ticket violation as well, my argument is each person has different hearing abilities and the legal dB limit law is 95dB whereas my stereo is only capable of 89dB as of the manufactuers stereo specs.
when you goto court, mention how the officers judge the sound of your vehicle by its "pipe size" and a previous officer said your muffler was legal. but then again, your gonna need proof for that statement.
always fight your tickets, you have nothing to lose at this point,
goodluck
thanks manuttoo8 & jttegx. So you are saying that I have to remove the muffler. Can I just get a silencer instead? I was thinking of taking my car to a police station & asking them if my muffler is illegal & if they say it is, then I'll get a letter for it, if they say itz illegal I'll just ask if getting a silencer will solve the problem??. As for the HTA (highway traffic act) I'm reading some sections right now, but I can't find any section for mufflers or noise requirments. here's the link I found to the HTA of Ontario:
http://www.e-laws.gov.on.ca/tocBrows...&selLetter=H#H
& I can't find any DB limits for noise either.
http://www.e-laws.gov.on.ca/tocBrows...&selLetter=H#H
& I can't find any DB limits for noise either.
I can't find anything for mufflers under the EQUIPMENT section,
http://www.e-laws.gov.on.ca/DBLaws/R...h/900587_e.htm

edit: I can't find anything in the GENERAL section either,
http://www.e-laws.gov.on.ca/DBLaws/R...h/900596_e.htm
http://www.e-laws.gov.on.ca/DBLaws/R...h/900587_e.htm

edit: I can't find anything in the GENERAL section either,
http://www.e-laws.gov.on.ca/DBLaws/R...h/900596_e.htm
Last edited by 01redJDM; Aug 23, 2005 at 02:46 PM.
I found this:
""
Muffler
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. R.S.O. 1990, c. H.8, s. 75 (1).
Idem
(2) Subsection (1) does not apply to a motor assisted bicycle with an attached motor that is driven by electricity. R.S.O. 1990, c. H.8, s. 75 (2).
Fumes from engine
(3) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. R.S.O. 1990, c. H.8, s. 75 (3).
Unnecessary noise
(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4). ""
wut do they mean by "EXCESSIVE AMOUNT OF NOISE???"
""
Muffler
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. R.S.O. 1990, c. H.8, s. 75 (1).
Idem
(2) Subsection (1) does not apply to a motor assisted bicycle with an attached motor that is driven by electricity. R.S.O. 1990, c. H.8, s. 75 (2).
Fumes from engine
(3) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. R.S.O. 1990, c. H.8, s. 75 (3).
Unnecessary noise
(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4). ""
wut do they mean by "EXCESSIVE AMOUNT OF NOISE???"
another usefull link: http://www.canlii.org/on/laws/sta/h-...hole.html#BK34
thought I'd share.
thought I'd share.
the reason i suggested to replace the aftermarket muffler with the factory one is because "noise level" is based upon officers judgement. meaning, one can have superior hearing aids and call it illegal while an old man officer that has terrible hearing aid will say its legal. police officers arent trained well to identify an "aftermarket" part as your average joe that loves to mod cars. if they see a shiny 4" tip on the rear of your car, you know there gonna be getting different thoughts than you. "they" dont know there ****, you do. your job is to convince or avoid situations like these. therefore, OEM muffler
excessive.... like extreme, high, too much, unnecesary, etc.
excessive.... like extreme, high, too much, unnecesary, etc.
ok, I put factory muffler on & went to police station 2day to get the back of the ticket signed, but noone would sign it for me. they said that I have to mention that in court. But how can I do that if I don't have a proof????????? they wouldn't evenget out to look at my car!!! buncha **** *******
I went to court today and talked to the cop before going into the court-room and told him that I took my muffler off. When we went in, he went & talkede to the prosecutor & when they called my name, the judge said that the officer isn't there & charges are dropped.
thanks again jittex for all the advice.
thanks again jittex for all the advice.
thats good to hear.
reason why the officers didnt bother with signing your ticket is because there "busy" doing other "things". just for future reference, call the local station from your house and request an officer to swing by and take a look...more convient for you.
reason why the officers didnt bother with signing your ticket is because there "busy" doing other "things". just for future reference, call the local station from your house and request an officer to swing by and take a look...more convient for you.
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