what is "improper/defective exhaust" in VA?

[kirch]

What is the name of your state? Virginia

Ticketed for improper/defective exhaust. The exhaust is new, but not factory equipment for the car. Would like to be excused from ticket as car is not noisy, exhaust is in great working order. Any suggestions in how to handle?
VA code 462-1049 is entitled Exhaust System in Good Working Order. The code seems to apply to old or badly running vehicles. The fact that the tailpipe looks different seems stupid.
Other locals have encountered the same problem.

 

[nickstafford]

email me the code section that is on your ticket........VA is my state


[email protected]

 

[nickstafford]

Got them email sorry for the delay.....the code reads .......got the email so

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 officer did use the right code for exhaust ,. ........usually they put “improper exhaust “ which is not even a state statue or “defective equipment” another VA statute and you can usually ask for a dismissal because it was not a specific exhaust violation that he listed on the citation . So here in this case there is not much to do except have the cars exhaust inspected for emissions and the cleanliness of the muffler...the officer has to prove the exhaust is not in good working order! And you can argue that it is if you have the emissions test done......... the key in the VA code is

“ of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment ”

if you have an after market muffler that was put on after the car was on the road and it in anyway is comparable to the factory installed your ok.........heck I would even subpoena a muffler shop employee to testify that the muffler IS on good working order , because that is what the state is trying to say ........ that the muffler is not in good working order....BUT if the car is or was loud or does make excessive noise then usually there is nothing you can do about it

Nick

 

[rb26alpha]

exhaust to loud

what is the decimal that a stock exhaust should be in virginia? another words how loud can an aftermarket exhuast be?

 

[racer72]

what is the decimal that a stock exhaust should be in virginia? another words how loud can an aftermarket exhuast be?

Please don't necropost to an 8 year old thread. Start your own post.

 

[antrc170]

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 officer has to prove the exhaust is not in good working order!

The officer does not have to prove the exhaust was not in working order. The officer has to show the judge through visual evidence, or testimonial evidence that the exhaust on the car is not a factory standard part, and what gave rise to the stop. The defendant has to prove that exhaust is similiar to the factory specifications. The OP admitted that the appearance of the exhaust is different from the factory,and that is enough for the citation. The state presumes that exhaust, when not factory, is not in compliance with the law.

VA doesn't have a decibile rating law. It is open to interpertation. If the officer testifies that your exhaust sounded loud, then you'll need to show that the Db of the factory and yours is comparable.

 

[racer72]

The officer does not have to prove the exhaust was not in working order. The officer has to show the judge through visual evidence, or testimonial evidence that the exhaust on the car is not a factory standard part, and what gave rise to the stop. The defendant has to prove that exhaust is similiar to the factory specifications. The OP admitted that the appearance of the exhaust is different from the factory,and that is enough for the citation. The state presumes that exhaust, when not factory, is not in compliance with the law.

VA doesn't have a decibile rating law. It is open to interpertation. If the officer testifies that your exhaust sounded loud, then you'll need to show that the Db of the factory and yours is comparable.

Dude, do you realize the post you quoted is over 8 years old? That was the last time that poster on these forums.

 

[antrc170]

I do now. I don't always pay attention to the dates.