Non-factory equipment passes state inspection

What is the name of your state (only U.S. law)? Virginia

I have been ticketed in Virginia for having a non-factory exhaust system on my car, though my car passed inspection. A new Virginia law (46.2-1049), which I was unaware of when I installed the exhaust, states that they must be like factory equipment. The law was also passed after I installed the exhaust system. As I now have to pay to replace the parts, do I have any legal recourse to recoup my expenses from the state? If the inspection station passes it, can I be ticketed for this? Other parts in the inspection code specifically say they must be like factory equipment, but not the exhaust portion. Or, am I exempt since I installed it before the new law?

References:
The law (46.2-1049) LIS > Code of Virginia > 46.2-1049
VA Safety Insp. Proc. Virginia State Police

A lot of Virginians are complaining about this law besides me. Maybe a class-action suit?
Signatures Help change Virginia laws for modified vehicles. Petition : [ powered by iPetitions.com ]

Thanks,
David

Of course you can be ticketed for it. The VSP inspection only checks a handful of safety issues, not complete compliance with all laws. Even the emission inspection (in counties where it is required) isn't guaranteed to catch all such mods.

You have no cause for action.

Laws like that are crap. I read the statute, and it would have been absolutely fine if they had ended it after referencing emissions and providing an ascertainable db standard for noise.

davew128 said:

Laws like that are crap. I read the statute, and it would have been absolutely fine if they had ended it after referencing emissions and providing an ascertainable db standard for noise.

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Petition the legislature to rescind it or convince a court it's unconstitutional. Other than that, you have to obey all the laws, whether you think they are crap or not.

FlyingRon said:

Petition the legislature to rescind it or convince a court it's unconstitutional. Other than that, you have to obey all the laws, whether you think they are crap or not.

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I don't live in or travel to Virginia, so no I DON'T have to obey this law. Thanks for explaining to me what I already knew though.

Thanks...

Thanks for your responses. I heard the same thing from the police, but wanted a second opinion. I have already complained to my state delegate about it.

David

davew128 said:

I don't live in or travel to Virginia, so no I DON'T have to obey this law. Thanks for explaining to me what I already knew though.

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I guess my question, then, is just what, exactly, are you contributing to this thread to begin with? Thanks for sharing your deep insight.

The Occultist said:

I guess my question, then, is just what, exactly, are you contributing to this thread to begin with? Thanks for sharing your deep insight.

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You mean other pointing out what should have been obvious, that the law is geared towards preventing people who want to modify their vehicles from doing so, and not in a way that furthers the public's interest? Exactly what public interest is being served by telling someone that they can't put a huge tip on their exhaust? Or within the limits already imposed regarding the sound level, change what their exhaust sounds like?

I'll give you a hint, it involves targeting a group of people that at least on the younger end tend to fall along ethnic lines. That notwithstanding, its a time honored tradition for car enthusiasts to modify their cars and thats NOT along ethnic lines. That's my deep insight, and hopefully you've learned something today.

davew128 said:

I don't live in or travel to Virginia, so no I DON'T have to obey this law. Thanks for explaining to me what I already knew though.

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Actually, you ARE required to follow the law, as written.

Zigner said:

Actually, you ARE required to follow the law, as written.

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I'm not in Virginia and therefore that state has no authority to compel me to follow its laws. Anything else?

davew128 said:

I'm not in Virginia and therefore that state has no authority to compel me to follow its laws. Anything else?

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As I said, you are required to follow the laws, as written. (Note: "as written" is an important qualifier)

davew128 said:

I'm not in Virginia and therefore that state has no authority to compel me to follow its laws. Anything else?

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**A: you need to follow the law in Virginia since that is where you got cited.

HomeGuru said:

**A: you need to follow the law in Virginia since that is where you got cited.

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Suggestion: Read the thread again and tell me when I got cited in Virginia.

Here's a hint: I'm not the OP.

davew128 said:

I'll give you a hint, it involves targeting a group of people that at least on the younger end tend to fall along ethnic lines.

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Riii-i-i-i-i-i-ight. It's all the big mean state government's fault, isn't it? I can hear those legislators now, in their best 'Mr. Burns' impressions, keeping these groups down through traffic law.

Dougthegreat said:

Riii-i-i-i-i-i-ight. It's all the big mean state government's fault, isn't it? I can hear those legislators now, in their best 'Mr. Burns' impressions, keeping these groups down through traffic law.

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Did you have something useful to add? Or can you offer a valid explanation for the law?