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

[Axxe]

That's why you keep a stock exhaust on daily driven cars.

[shimajer]

No offence, but they usually pull over cars that are older models, including the E46s now. If you are driving a heavily modded E92/93, I am pretty sure they won't pull you over for loud exhaust or whatever.

[rlim]

Wow , they have taken the loud exhaust bid a notch too seriously. I had a Civic with Dynomax muffler which was quite loud ... that was according to my wife and her friends as they said they could hear me coming down the street.

Well, ever since the Civic was wrecked, I replaced it with the Bimmer which I left it as stock. It came with the M package minus the M3 exhaust. I guess I appreciate the comfort in my older years ... cruising the highways in peace vs having to listen to the rumble of my exhaust in my Civic.

I bought a Porsche 911 last summer and is having to experience the louder exhaust. It'll take a little bit to getting use to the noise again...

[Ej_Red]

You will pretty much loose it. I had exact same deal. I lost it but since i no longer own the car i didn't have to pay the fine.

[Shock(/\)ave]

How can the police possibly justify handing out tickets for loud exhausts when Harley Davidson is still allowed to sell what are surely some of the loudest vehicles on the road?

[JMW]

^^ cause police dont mess with the angels hah

[Ej_Red]

I brought up the harley exhausts too, it didn't get me nowhere.

[MikeM3/4]

Cop didn't show up to court so it's a win for me.

[5thseries]

I dont get it, why dont you ever hear about a cheesy civic getting pulled over with there LOUD ass go cart sounded toys?

Bimmer haters >.>

[arsevader]

Originally Posted by 5thseries

I dont get it, why dont you ever hear about a cheesy civic getting pulled over with there LOUD ass go cart sounded toys?

Bimmer haters >.>

You've never seen a civic get pulled over?

I'm surprised modified civic owners ever get to their destinations the amount of times that I've seen them at the side of the road.

[Trouble65]

Originally Posted by MikeM3/4

Cop didn't show up to court so it's a win for me.

WOW! It took over 1 1/2 years for court.

[EstorilM3]

You will lose the court fight.
The way the legislation is written, all the cop has to say, "It's too loud", and you're done.
You are also going to defend yourself in front of a Justice of the Peace (political hack appointies) rather than a true judge.
Your only recourse is to appeal to Supreme Court of Ontario, but in all likelyhood, they would refuse to hear your case.

You got two tickets because you were mouthing off to the cop.
Never do that even if you're right.

"...it is not illegal..."
How do you know that?
Some piece of paper with the Minister of Transportation signature says so?

So, just pay-up, and move on.

[arsevader]

Originally Posted by EstorilM3

You will lose the court fight.

Originally Posted by MikeM3/4

Cop didn't show up to court so it's a win for me.

Looks like luck prevailed...

[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

[EstorilM3]

Originally Posted by arsevader

Looks like luck prevailed...

It was MarkM3/4 who posted the original message and who I was replying to.