Click to go to Forum Home Click to go to maXbimmer Home

Go Back   maXbimmer Forums > General > General Discussion
User Name

Welcome to!

You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

Thread Tools Rate Thread Display Modes
Old 06-26-2009, 03:38 PM   #61
3rd Gear Member
Join Date: Dec 2002
Location: Everywhere
Posts: 363

Originally Posted by marks525 View Post
Ok Gous,

I am a lawyer, and I have a tr-flo on my car, although not daily driven. I don't practice in this area. I do collections. Here is what the HTA actually says:

Noise, smoke, bells and horns


75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).

Unnecessary noise

(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).

I don't think these sections were intended to be interpreted this way. Hence the reference to straight pipes. He was looking for an excuse to fit you into the improper muffler section. As for the noise, it might be interpreted that way, BUT that smells a lot like a charter breach, since they are traeting people differently. They permit people to have Harleys, etc, and make more noise than you to emit such noise, but prohibit you from doing the same. Again, I don't practice in this area, but I think there is an argument to be made. Also, legislation can be struck down for being overly broad and vague. I don't necessarily think that is the case here, but I think that the police are interpreting it the wrong way as part of a modified car crackdown. There may also be an age discrimination issue.

Hope this helps, and hope I don't get pulled over...or maybe I do, so I can set the precedent for all of us.

There it is!

As I said, the way the legislation is written, there is nothing you can do, because if a cop thinks it's too loud, then it's too loud!

Go, and drive around some; maybe you'll get a ticket then you can contest it and overturn the silly law for all of us.
Even if you have to take it to the Supreme Court of Ontario!
EstorilM3 is offline   Reply With Quote
Old 06-26-2009, 05:02 PM   #62
5th Gear Member
344i's Avatar
Join Date: Jan 2009
Location: .
Posts: 1,119
But its ok for Harleys and muscle cars to rumble and make super annoying noise. LOL
344i is offline   Reply With Quote
Old 06-27-2009, 05:40 PM   #63
3rd Gear Member
marks525's Avatar
Join Date: Mar 2009
Location: The boonies
Posts: 503
Yes, but "excessive noise" is subjective unless subject to a decibel measurement, and therefore overly broad and vague. I think this can be struck down.

Supreme Court of Ontario no longer exists. I think the appeal route for HTA stuff goes to Divisional Court first (usually on superior court judge) and then Ontario Court of Appeal.

'07 335i/6 - Addicted to boost
marks525 is offline   Reply With Quote

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump

All times are GMT -4. The time now is 12:10 PM.

Powered by vBulletin® Version 3.8.10
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Maxbimmer Copyright 2001 - 2018