+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    screename1 is offline Junior Member
    Join Date
    May 2013
    Posts
    1

    TN driver issued exhaust ticket in VA

    My truck is tagged in Tennessee. Recently while driving through nearby Virginia I was pulled over and issued a ticket for improper exahust. 46.2-1049 was the law cited on the ticket. I have been unable to find the exact code pertaining to Tennessee exhaust law, but regardless I know it is MUCH LESS stringent than that of communist Commonwealth of VA. The problem is I'm in the military, stationed in SC, and don't have the time or funds to travel all the way back to VA to fight this is court. Does anyone know if i have any other legal options. I've done some searching online and this seems to be a common scenario that has happend to many other out of staters. I think they know it's wrong when they issue these bogus tickets and count on many of us not being able to or wanting to take the time to travel back there to court and just paying the fine instead.

    Also, do they have the authority to suspend my license if I just don't pay it?
    Last edited by screename1; 05-19-2013 at 08:42 PM.
  2. #2
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,825
    Quote Originally Posted by screename1 View Post
    My truck is tagged in Tennessee. Recently while driving through nearby Virginia I was pulled over and issued a ticket for improper exahust. 46.2-1049 was the law cited on the ticket. I have been unable to find the exact code pertaining to Tennessee exhaust law, but regardless I know it is MUCH LESS stringent than that of communist Commonwealth of VA. The problem is I'm in the military, stationed in SC, and don't have the time or funds to travel all the way back to VA to fight this is court. Does anyone know if i have any other legal options. I've done some searching online and this seems to be a common scenario that has happend to many other out of staters. I think they know it's wrong when they issue these bogus tickets and count on many of us not being able to or wanting to take the time to travel back there to court and just paying the fine instead.
    While on Virginia roads, you are to comply with Virginia laws. If you don't want to do that, don't drive in Virginia.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,567
    A court will sometimes drop a charge regarding motor vehicle equipment, when it is significantly different from the law where the vehicle is titled. In your situation the laws are similar. Both require an exhaust in good working order, not making an unusual amount of noise. The fact you may reside in the country in TN and the local good ol boys do not enforce state law, cause you all fish and hunt together, is not an excuse.

    http://law.justia.com/codes/tennessee/2010/title-55/chapter-9/part-2/55-9-202/
    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1049
  4. #4
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,132
    Also, do they have the authority to suspend my license if I just don't pay it?
    Google "states driver's license compact". Read and weep.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  5. #5
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    5,068
    Quote Originally Posted by Ohiogal View Post
    While on Virginia roads, you are to comply with Virginia laws. If you don't want to do that, don't drive in Virginia.
    That is true with regards to driving. The vehicle itself however is subject to the laws it is registered in, in this case TN.
  6. #6
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,318
    From: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1049



    46.2-1049. (Effective until October 1, 2012) Exhaust system in good working order.

    No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. 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 vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

    Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.

    (Code 1950, 46-305; 1952, c. 455; 1956, c. 651; 1958, c. 541, 46.1-301; 1960, c. 120; 1970, c. 266; 1972, c. 66; 1989, c. 727; 2006, cc. 529, 538.)

    46.2-1049. (Effective October 1, 2012) Exhaust system in good working order.

    No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. 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 vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

    Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.

    The provisions of this section shall not apply to converted electric vehicles.

    (Code 1950, 46-305; 1952, c. 455; 1956, c. 651; 1958, c. 541, 46.1-301; 1960, c. 120; 1970, c. 266; 1972, c. 66; 1989, c. 727; 2006, cc. 529, 538; 2012, c. 177.)
    I don't see an allowance for out-of-state vehicles.

    ETA: Additionally, it is claimed that the laws of VA don't apply to the equipment on vehicles registered out of state. Well, this code section is worded in such a way that the DRIVING of such a vehicle in the state is illegal. That's not an equipment violation
    Last edited by Zigner; 05-21-2013 at 04:45 PM.
  7. #7
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,706
    The law in Tennessee is pretty much the same (despite the alleged laxity in enforcement):


    55-9-202. Mufflers - Muffler cutouts prohibited - Penalty.

    (a) No person shall drive a motor vehicle on any road, street or highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.

    (b) It is unlawful to use a "muffler cutout" on any motor vehicle upon any road, street or highway.

    (c) A violation of this section is a Class C misdemeanor.
  8. #8
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    5,068
    ETA: Additionally, it is claimed that the laws of VA don't apply to the equipment on vehicles registered out of state. Well, this code section is worded in such a way that the DRIVING of such a vehicle in the state is illegal. That's not an equipment violation
    So if a driver from a state that only issues one plate is driving through another that requires two plates, thats an ok ticket in your view? The full faith and credit clause of the constitution has been nullified?
  9. #9
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,706
    Well, despite the protestations of the original poster, the car appears not to be legal under TN law either.

Similar Threads

  1. Never Issued a ticket
    By tke229 in forum Speeding and Other Moving Violations
    Replies: 0
    Last Post: 07-08-2010, 01:24 PM
  2. driver licence suspended, warrant arrest issued.
    By brody182 in forum Arrests, Searches, Warrants & Procedure
    Replies: 1
    Last Post: 04-21-2007, 09:48 PM
  3. Driver issued ticket not owner of car
    By TonightWillFall in forum Speeding and Other Moving Violations
    Replies: 1
    Last Post: 05-15-2005, 08:18 PM
  4. Three Violations Issued to the Wrong Driver
    By DBalgobind in forum Speeding and Other Moving Violations
    Replies: 4
    Last Post: 08-31-2004, 12:21 PM
  5. Citation issued based on bus driver complaing
    By shansen in forum Speeding and Other Moving Violations
    Replies: 0
    Last Post: 12-05-2000, 10:25 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.