E36 97 M3/4 pulled over and fined for loud exhaust.

[EstorilM3]

Originally Posted by marks525

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

Muffler

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.

Mark

"...excessive...noise..."
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!

[344i]

But its ok for Harleys and muscle cars to rumble and make super annoying noise. LOL

[marks525]

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.

Mark