Need Some Legal Knowledge

[Archaic_Entity]

My roommate just got pulled over in my car a little while ago and was issued a ticket for having an 'amplified exhaust' which is apparently illegal in Indiana.

Now, having driven in Indiana for 3 years with that car and that exhaust system, I've never had a single problem with cops about it and never been pulled over for it. Has anyone else heard of this? And does anyone know how to get past it. I don't think the cop knew what he was talking about, honestly, and I'm not going to change my exhaust back to factory because I don't have the parts and I don't want to spend the effort doing it.

The ticket states we have 5 days to comply, so expedient responses would be nice.

Thanks.

 

[Tactical Dave]

My roommate just got pulled over in my car a little while ago and was issued a ticket for having an 'amplified exhaust' which is apparently illegal in Indiana.

Now, having driven in Indiana for 3 years with that car and that exhaust system, I've never had a single problem with cops about it and never been pulled over for it. Has anyone else heard of this? And does anyone know how to get past it. I don't think the cop knew what he was talking about, honestly, and I'm not going to change my exhaust back to factory because I don't have the parts and I don't want to spend the effort doing it.

The ticket states we have 5 days to comply, so expedient responses would be nice.

Thanks.

As far as I know it is supposed to be called "noise polution" I had a "hotrod" that was so loud that at cruise you would hear it over a mile a way (pretty much open header exhaust) and I never got pulled over even when near cops but the previous owner got a few tickets for it.

So in short yes you can get ticketed for to loud of an exhaust.

This car had homemade mufflers that were straight through and really just there so you could say it had "mufflers" but you could look into them and see that there was nothing to them and I think the last guy had a "no muffler" ticket along with noise polution (not at the same time).

Chances are your buddy was getting on the gas pretty hard......... a lot of officer's from what I heard and been told by them don't care as long as you are not trying to cause a problem.

Maybe in your area it is called amplified exhaust........

 

[christman]

There are plenty of Noise Oridanance's on the books for different municipalities. It all depends on what city you are in and how high the decibel levels are. If you truly wanted to investigate this you would need to go to the courthouse where you were ticketed and get first hand info on their specific ordinance.

I know for a fact Indy has one, but I cannot remember off hand how high it is.

If you go to court please don't expect to ask them how he knew what level it was (what equipment was used to measure), as they will just tell you he is trained to know what levels are acceptable. (First hand experience.)

 

[slow1911s]

Is the code that was allegedly violated cited on the ticket? If so, what was it?

ETA - I found a page which lists the Indianapolis Noise Ordinances - NPC Law Library: Indianapolis IN Noise Ordinance

Specifically:

(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, internal-combustion engine, or any other type of engine or power unit on a motorboat, motor vehicle, motorcycle or other vehicle or craft of any kind, except through a muffler or other device which will effectively reduce and prevent loud or explosive noises therefrom.

 

[Tactical Dave]

as they will just tell you he is trained to know what levels are acceptable. (First hand experience.)

I think a lot of areas say it is up to the officers discretion....... then anything more then stock could get you a ticket....... Like I have said though...... I drove by cops many times and they did not care, even the IMPD guys I lived near told me that as long as I was not being stupid with it they did not care.......

If the local ordanance say's nothing about officer discretion and they can test it at the cout house or whatever with a Db tester then go for it.... if they say it can be up to the officer then........

Once you start messing with cars and bikes and stuff you have to accept that this stuff happens some times..........

 

[Archaic_Entity]

Is the code that was allegedly violated cited on the ticket? If so, what was it?

ETA - I found a page which lists the Indianapolis Noise Ordinances - NPC Law Library: Indianapolis IN Noise Ordinance

Specifically:

Yeah. I just got the ticket from him.

It states, "Muffler Violation Aftermarket (amplified exhaust)"

Which is 'contrary' to Statute 9-19-8-1:

IC 9-19-8-1
Application of chapter
Sec. 1. This chapter applies to every motor vehicle except an antique motor vehicle registered under IC 9-18-12-1.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-2
Muffler leaks, alteration, or deterioration
Sec. 2. A motor vehicle must be equipped with a muffler free from the following visually discernible conditions:
(1) Exhaust gas leaks.
(2) Alteration of muffler elements.
(3) Deterioration of muffler elements.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-3
Operation of muffler or noise dissipative device
Sec. 3. A motor vehicle must be equipped with a muffler or other noise dissipative device that meets the following conditions:
(1) Is in good working order.
(2) Is in constant operation to prevent excessive noise.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-4
Muffler cutouts and bypasses
Sec. 4. A motor vehicle may not be equipped with any of the following:
(1) A muffler cutout.
(2) A bypass.
(3) Any similar device.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-5
Excessive fumes or smoke
Sec. 5. The engine and power mechanism of a motor vehicle must be equipped and adjusted so as to prevent the escape of excessive fumes or smoke.
As added by P.L.2-1991, SEC.7.

As I read that, his assumption is that it's actually in violation of either statute 8-2 or 8-4 which it is not. As there is no cutout or bypass and the muffler is in good working order and constantly within the flow of the exhaust. So... yeah.

It's in Bloomington, just so everyone knows, and I called the PD to try to get some answers because the ticket is barely even filled out and there's nothing stating my roommate's necessary actions other than that there is a court date. Left a message with the shift supervisor's office, we'll see.

 

[Tactical Dave]

Sec. 3. A motor vehicle must be equipped with a muffler or other noise dissipative device that meets the following conditions:
(1) Is in good working order.
(2) Is in constant operation to prevent excessive noise.


Chances are that is what will get you and it is what gets just about everyone. From what I understand it is up to the officer to decide what they deem is "excessive".

 

[Scutter01]

Someone better let the folks at Harley know.

 

[Tactical Dave]

Someone better let the folks at Harley know.

You mean the people that put open exhausts on them........ Harleys are pretty quiet from the factory.........

 

[Scutter01]

You mean the people that put open exhausts on them........ Harleys are pretty quiet from the factory.........

I don't think I've ever seen one that didn't blast my eardrums out and rattle my car, but to be fair I may just have not noticed the quiet ones.

 

[Archaic_Entity]

Sec. 3. A motor vehicle must be equipped with a muffler or other noise dissipative device that meets the following conditions:
(1) Is in good working order.
(2) Is in constant operation to prevent excessive noise.


Chances are that is what will get you and it is what gets just about everyone. From what I understand it is up to the officer to decide what they deem is "excessive".

I think that is a stupid law. I think the only reason he picked my car out is because it's a Honda coupe, so I'm a ricer.

If it were a huge truck with smokestacks it would have been okay.

 

[Tactical Dave]

I think that is a stupid law. I think the only reason he picked my car out is because it's a Honda coupe, so I'm a ricer.

If it were a huge truck with smokestacks it would have been okay.

I have seen just as many Camaro's and Mustang's ect ect get pulled over as imports......... I have yet to hear an import as loud as some of the muscle cars I have hear and that was with the Honda having a header, no cat and an open bullet muffler....... as a rule the imports are not loud till you jump on the gas...... the the V-8 cars you can make them loud just at idle (ask me how I know).....

With the guys with the smoke stacks they are also pretty quiet even at wide open throttle they are not loud as a rule..... why? Because the turbo quiets it down a bunch.

People that moan and cry because they got pulled over because they are a ricer is just lame because just as many muscle cars get pulled over....

But to defend you and your car...... imports are not loud..... I think your buddy was getting on it hard making the car a little loud and the cop got him for it....

Have a good one.


P.S. I have nothing against ricers...... it's a free country, drive what you like.

 

[Archaic_Entity]

I have seen just as many Camaro's and Mustang's ect ect get pulled over as imports......... I have yet to hear an import as loud as some of the muscle cars I have hear and that was with the Honda having a header, no cat and an open bullet muffler....... as a rule the imports are not loud till you jump on the gas...... the the V-8 cars you can make them loud just at idle (ask me how I know).....

With the guys with the smoke stacks they are also pretty quiet even at wide open throttle they are not loud as a rule..... why? Because the turbo quiets it down a bunch.

People that moan and cry because they got pulled over because they are a ricer is just lame because just as many muscle cars get pulled over....

But to defend you and your car...... imports are not loud..... I think your buddy was getting on it hard making the car a little loud and the cop got him for it....

Have a good one.


P.S. I have nothing against ricers...... it's a free country, drive what you like.

I was talking about the smoke stacks shooting out all that diesel smoke on folks and yet not getting pulled for that, rather than their noise. Which was also in the statute. I understand it seems kind of petty to say that it was picked on for being rice, but that seems to be the trend around here from what I've noticed.

And yeah, it's not loud in general. I doubt my roommate jumped on the gas at all, but it's possible. Either way, I'm going to fight this because it's a stupid citation to receive. He should do his job and focus on actual issues, I think.

P.S. I am not a ricer so much as I was a ricer and still have the car, which I think is still tasteful, I hate all those stupid things people do to their cars like the ugly wings and whatnot. Drive what you will indeed.

 

[Eddie]

Can you verify exactly what statute the ticket was written under? Would like to look at some case law and see how/if the courts have interpreted it.

 

[Archaic_Entity]

Can you verify exactly what statute the ticket was written under? Would like to look at some case law and see how/if the courts have interpreted it.

The one I quoted in an earlier post: 9-18-8-1 is what's written on the ticket.

 

[Benny]

I don't think I've ever seen one that didn't blast my eardrums out and rattle my car

Uh yeah, me either...

to be fair I may just have not noticed the quiet ones.

But you've got a point.

 

[hornadylnl]

I don't think I've ever seen one that didn't blast my eardrums out and rattle my car, but to be fair I may just have not noticed the quiet ones.

I put straight pipes on my 75 sportster. It sounded beautiful but it was just obnoxious. I put a pair of baffles in it and it ran and sounded terrible. I tried a different set of baffles and it ran better than it ever did and sounded like it did with the straights but about half the volume.

I about cried at how quite my new ultra was when I picked it up. I'm still running that same stock exhaust. I didn't want to spend big bucks for an aftermarket exhaust when I had a perfectly good one on it. Besides, I can hear my stereo better with quite exhaust. I ride at 4-5am either coming home or going to work depending on my shift. I don't want all my neighbors hating me. I guess I've outgrown loud exhaust, fancy wheels, etc.

 

[Tactical Dave]

I was talking about the smoke stacks shooting out all that diesel smoke on folks and yet not getting pulled for that, rather than their noise. Which was also in the statute. I understand it seems kind of petty to say that it was picked on for being rice, but that seems to be the trend around here from what I've noticed.

And yeah, it's not loud in general. I doubt my roommate jumped on the gas at all, but it's possible. Either way, I'm going to fight this because it's a stupid citation to receive. He should do his job and focus on actual issues, I think.

P.S. I am not a ricer so much as I was a ricer and still have the car, which I think is still tasteful, I hate all those stupid things people do to their cars like the ugly wings and whatnot. Drive what you will indeed.

Ehh, a law is an actual issue, Im sure there are other things he could have written a ticket for on the cop. In the end to me a law is a law regardless of how stupid it is. You rarley hear about a noise polution ticket around here nor do you hear about a ticket for 5 over much.

I mean I know of a guy that builds turbo busa's and last I heard he could not even get out of his sub division and not get a ticket for it.

I guess you could try and get ahold of the cop and ask him if your buddy was doing anything stupid that caused the ticket????

Im not saying don't fight it.... just saying it might be wise to look into it deeper first because if you take it to court and the officer says your buddy was speeding and driving like an idiot and he gave him a break on the speed and just gave him a ticket for the muffler then that would not look good on you or your buddy.

Good luck though man.