Need Legal Advice, Improper Exhaust Ticket
First off, this happened to my brother in his 98 Eclipse GS-T. He was getting something to eat at Wendys, left, and a green camaro followed him out of the lot. This car followed him for about 3 miles. When they got to a stoplight together the camaro revved on him, but my brother knew it was a cop so he didn't do anything back, when the light turned green, he drove away slowly. The cop pulled him for "improper exhaust". the cop commented that the exhaust was not loud, but because it wasn't stock, it was illegal. i pulled up the state code and it states.
"§ 46.2-1049. Exhaust system in good working order.
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. "
My argument is that since the exhaust on his car was an HKS, made specifically for the 98 GS-T, that this qualifys as "comparable to that designed for use on the particular vehicle as standard factory equipment" per the ehxuast still consists of resonators, and a muffler, at the same exit location, is my thinking correct on this?
also, the cop was not wearing a uniform, however a Henrico Police Department t-shirt, i seem to remember a code stating that unless they were in full uniform they couldn't write you for a ticket?
"§ 46.2-1049. Exhaust system in good working order.
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. "
My argument is that since the exhaust on his car was an HKS, made specifically for the 98 GS-T, that this qualifys as "comparable to that designed for use on the particular vehicle as standard factory equipment" per the ehxuast still consists of resonators, and a muffler, at the same exit location, is my thinking correct on this?
also, the cop was not wearing a uniform, however a Henrico Police Department t-shirt, i seem to remember a code stating that unless they were in full uniform they couldn't write you for a ticket?
I got the same ticket in Richmond about a year ago.. I was on I95 and this short **** cop pulled my over and said my exhaust was "resonating" too loud?? I just paid the ticket, freaking 75$.. As I understand VA law.. I thought you couldn't have a exhaust louder than Stock..?
i agree with the above law, it is in the books and on several webpages, but when it states "of that comparable to stock exhuast", who is to say that it is louder than stock? is there some book that state which exhausts are louder than stock? of course performance systems are louder, but some aftermarket systems are quiter than stock (the ones meant to be cheap replacements for the originals) my advice, take it to court, state to the judge that this is how u bought the car and to your best knowledge it complied with the exhuastr law stated above.
Damn, I feel sorry for all those grandmas driving around in '78 Ford Granadas with aftermarket Midaz or Meineke muffler jobs. They're all illegal according to that cop!
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