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Excessively Loud Exhaust

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  • Excessively Loud Exhaust

    What section of the Transp. Code is this? I got asked about this by an FTO, and I haven't been able to figure it out.

    Specifically, motorcycles with loud exhaust pipes.

    I tried § 547.604. MUFFLER REQUIRED, but my FTO said that wasn't it because the bike does have a muffler.
    "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

  • #2
    That section would work. Key part in bold.

    Sec. 547.604. MUFFLER REQUIRED. (a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise.(b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.
    You could try Disorderly Conduct, but you have to give notice first. Technically, you could stop the violator, give notice, and if he drives off or doesn't turn off the vehicle... Haven't seen or heard of that happening.

    We have a city ordinance, so we just use that.

    Comment


    • #3
      If the bike, or vehicle doesn't have a muffler, isn't that an obvious violation, since the statue reads muffler required?

      Comment


      • #4
        Texas Code Requirements
        Under Section 547.604 of the Texas Transportation Code, all motor vehicles must be equipped with a muffler, in good working order that prevents excessive or unusual noise. Further, the exhaust mufflers may not be bypassed.

        Excessive and Unusual
        Since Texas lacks specific decibel guidance, "excessive and unusual" is the applicable standard. In Aguilar v. State of Texas, a Texas appellate court reviewed a constitutional challenge claiming that the language was vague, and thus unenforceable since Section 547.604 does not specify a decibel level. The court rejected this challenge, noting that the terms "imply that noise must be outside normal standards for motor vehicles, which ordinary persons can objectively determine."

        or

        DISORDERLY CONDUCT Sec. 42.01. -(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
        "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

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        • #5
          Thanks guys. I esp. appreciate the caselaw.

          That was, in fact, the section I pulled up, and my FTO seemed to think it didn't apply. I'm wondering if he doesn't actually know the statute he's citing for and thinks there's another statute called "excessively loud exhaust."
          "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

          Comment


          • #6
            Originally posted by adeutch View Post
            Thanks guys. I esp. appreciate the caselaw.

            That was, in fact, the section I pulled up, and my FTO seemed to think it didn't apply. I'm wondering if he doesn't actually know the statute he's citing for and thinks there's another statute called "excessively loud exhaust."
            Whatever you do, don't correct him...

            Comment


            • #7
              Originally posted by Se7en View Post
              Whatever you do, don't correct him...
              Oh hells no!
              "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

              Comment

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