Here's an excerpt from the CA Vehicle Code (sound levels may or may not
apply to Ohio):
"Q9 What is the exhaust noise test specified in 13 CCR? Can this be used
for enforcement?
Sections 1030-1036, 13 CCR, were intended to be used by Licensed Muffler
Certification Stations as a means of deten-nining if an exhaust system
met the requirements of the Muffler Certification Program (when those
programs were operational). They specify testing procedures for motor
vehicle exhaust noise alone (as opposed to total vehicle noise). This
procedure specifies a limit of 95 dB(A) measured 20 inches from the
exhaust pipe outlet with the engine operating in neutral, typically at a
speed of 3000-5000 rpm. (For comparison, a modem rotary lawn mower with
a 5-horsepower Briggs & Stratton engine typically emits approximately 93
dB(A) at the same distance at full speed under no load.) It applies only
to passenger vehicles. It does not apply to motorcycles or to vehicles
over 6000 pounds gross weight.
Q10 Can this test be used in enforcement?
Not readily. Although much simpler than the test methods specified in
Sections 23130 and 23130.5 VC, this test method still requires some
technical expertise and a means to determine both the speed (rpm) of the
engine under test (tachometer) and the rpm at which maximum horsepower
of the engine is developed (information which may not always be readily
available), as well as a sound level meter. It is not intended for
roadside noise testing. The CHP does not currently provide either the
instrumentation or training necessary to conduct exhaust noise testing.
This test is useful, however, for determining if an aftermarket or
performance exhaust system complies with VC requirements. It should be
noted that the 95 dB(A) level, because it is intended as a simple
"go-no-go" type of test, may permit exhaust noise somewhat higher dm
those permitted under Sections 27201-27206 VC. An exhaust system that
complies with the requirements of Section 1036(d)(1), 13 CCR, is deemed
to comply with Sections 27150 and 27151VC.
Q12 Can local authorities enact or enforce more strict ordinances
regarding vehicle noise?
No. Section 21 VC makes the VC applicable and uniform throughout the
state, and prohibits local authorities from enacting or enforcing any
ordinance on the matters covered by the VC unless expressly authorized
to do so. In-use vehicle noise is addressed in Sections 23130 and
23130.5 VC. There is no provision in the VC that permits local
authorities to adopt additional noise limitations. Consequently,
citations issued under such ordinances are invalid.
Q13 Some aftermarket exhaust systems include documentation that the
system has been tested and found to meet the requirements of section
1036(d)(1), 13 CCR. Are those legal?
Tle CHP does not have the resources to independently verify
manufacturer's claims, but is aware that some aftermarket exhaust
systems do meet the noise levels specified in Section 1036(d)(1), 13
CCR. An officer may consider such documentation in evaluating an exhaust
system for excessive noise, both during the issuance of a citation and
when clearing a citation pursuant to Section 40610(b) VC. "
My JBA Exhaust system is right at 91db at 1 foot from the exhaust (yes,
I've got a sound meter).
- Bernd
-----Original Message-----
From: owner-dakota-truck@buffnet.net
[mailto:owner-dakota-truck@buffnet.net] On Behalf Of SEMIHEMI01@aol.com
Sent: Wednesday, January 30, 2002 6:09 AM
To: dakota-truck@buffnet.net
Subject: Re: DML: defense for "defective exhaust" citation
John,
Sounds like you found one of those cops with a burr up his butt. In
a lot
of states there is no specific dB limit, it's up to the desecration of
the
officer or a non OEM muffler. I didn't even know they wrote tickets for
that
anymore. Bill
SEMIHEMI01@AOL.COM> KB SuperCharged, 4.7L, 2001, QC,
<A HREF="http://hometown.aol.com/semihemi01">the "DAK",</A> <A
HREF="http://SouthernMopar.org">Southern Mopar</A>
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