Leader

Collapse

Announcement

Collapse
No announcement yet.

316.272

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 316.272

    Pardon my ignorance, but I need some guidance reference this statute. Believe me, I feel terrible even having to ask this, especially on a public forum.

    Anyway, here is 316.272 in its entirety....

    316.272 Exhaust systems, prevention of noise.—
    (1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.
    (2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
    (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.


    My question is, how would one go about enforcing that? I dont have a DB meter, so I can't measure it. Im not trained in how to identify exhaust components, so I cant observe them, however, I do know what they look like and how they function. I can't possibly determine if the inside of the muffler has been cut out or bypassed. About the only justification that I can think of is this; 'something in the exhaust system is causing it to operate with excessive or unusual noise', but that is very subjective. Am I missing something obvious, or this accurate?
    Last edited by Tactifool; 03-07-2011, 12:10 AM.

  • #2
    Modified mufflers make A LOT of noise...and it's obvious it isn't factory standards. Do you know what your muffler sounds like when it has a hole in it?

    In Calee it was always the "Asian souped up Honda's"...the one with the spoilers attached to the trunk.

    You didn't provide the section: 403.061(11)...which states the decibel level.

    If you can hear it....it's probably modified. I would inquire with the Florida Highway Patrol....since they do most mechanical violations.
    This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

    Comment


    • #3
      Originally posted by deputy x 2 View Post
      Modified mufflers make A LOT of noise...and it's obvious it isn't factory standards. Do you know what your muffler sounds like when it has a hole in it?

      In Calee it was always the "Asian souped up Honda's"...the one with the spoilers attached to the trunk.

      You didn't provide the section: 403.061(11)...which states the decibel level.

      If you can hear it....it's probably modified. I would inquire with the Florida Highway Patrol....since they do most mechanical violations.
      I'm actually fairly mechanicaly inclined. But, its just shade tree mechanics, which I dont think will hold up well in court. I didnt include FS 403 because I have no way to measure the decibel level. I'm confident that I will 'know it when I see it'. Understand that im not asking what a modified exhaust sounds like.

      I guess what im looking for is, how would you defend the citation? I can believe that the questions I asked in my first post would likely be brought up in court, or at atleast in a supression hearing if the stop lead to bigger fish.

      ETA: Before folks start wondering why I cant figure this out on my own. I work for a medium size agency. Traffic, especialy anything other than obvious stops, like equipment, is not really touched on all that often. So, in my never ending quest for knowledge, I've presented O.com the question.
      Last edited by Tactifool; 03-07-2011, 12:17 AM.

      Comment


      • #4
        F.S.S 316.293 (5)(A) - NOISE ABATEMENT EQUIPMENT MODIFICATIONS—
        (a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

        **This is the statute I use when enforcing noisy/annoying exhaust/mufflers. Notice it only mentions being a noise emitted above that emitted by the vehicle as originally manufactured. No need to worry about DB's with this statute.
        "If I won the lottery, I'd buy myself a police department. I'd hire all my buddies and we'd all drive Corvette patrol cars and sit around the doughnut shop I would own. Whenever someone would come in and say "I guess this my tax dollars at work", I would tell him to get the hell out my doughnut shop, then we'd all laugh and try to figure out what to do next."

        --Quote taken from User "kcso"....hope you don't mind buddy, but this was just too funny not to steal from you....I'm still laughing.--

        Comment


        • #5
          Outstanding, thank you! One question about that though. Has it ever been questioned how you know what the factory noise level is? Or is there a point where its just that obvious and would just have make a judgement call?

          Comment


          • #6
            Originally posted by donjuan856570 View Post
            F.S.S 316.293 (5)(A) - NOISE ABATEMENT EQUIPMENT MODIFICATIONS—
            (a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

            **This is the statute I use when enforcing noisy/annoying exhaust/mufflers. Notice it only mentions being a noise emitted above that emitted by the vehicle as originally manufactured. No need to worry about DB's with this statute.
            This is the easiest statute to use, nothing about decibels to measure. Just about anything that is not OEM, is technically in violation of this. Use it on some of the motocycles when they actually stop, and modified cars/trucks that are just obnoxiously loud.

            Also cite with a criminal offense if they remove the catalytic converter and tow the car - but you generally have to crawl under the car or atleast look under the car to see if the catalytic converter is removed.

            Comment


            • #7
              donjuan, and any other officers out there: now in 2015, is this still a viable workable law?? I've asked our PD here to use 316.293, and I hear it's too much a judgment call, etc etc. This concerned citizen would sure like to hear from LE here in FL that actually exercise 316.293 secs 5A and 5B. I'll stick my neck out and appreciate a cell call at 904 347 8141. Thanks!

              Comment

              MR300x250 Tablet

              Collapse

              What's Going On

              Collapse

              There are currently 5028 users online. 239 members and 4789 guests.

              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

              Welcome Ad

              Collapse
              Working...
              X