Part Two
Excessive Noise and Smoke: the traffic ticket you could get

Buying parts for, and upgrading your vehicle can give you the look and sound you desire from your vehicle, but it is important to make sure these modifications comply with the law, or you can find yourself with a traffic ticket. Our last Tricked Out post was all about mufflers. This post will be covering excessive noise and smoke, because it can mean more than just regular exhaust from your muffler.

In Ontario, the Highway Traffic Act (HTA) states:

75 (4)  A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signaling 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.

EXCESSIVE NOISE 

So what can be defined excessive or unnecessary noise? Well, in terms of the HTA, there are many kinds of loud noises that can be an offence that could lead to a traffic ticket. This can mean horns, after market installed car alarms, and squealing tires. You can also get a traffic ticket for blasting loud stereos while driving, not to mention how some municipalities have noise by-laws that could include loud stereo noise.

So the next time you want to flaunt your tunes and enjoy the sun with the windows down at the same time, be aware that you could get a ticket for unnecessary noise.

SMOKE

The second part of section 75 (4) includes not making any unreasonable amount of smoke. A police officer can pull you over if he or she sees excessive smoke coming from your muffler or engine. It does not matter if the smoke is intentional or not. It can be smoke from a defective or improper muffler, squealing tires, attached stove pipes, or any other mechanisms that cause extra smoke. All of these are illegal and can land you with a traffic ticket.

If your car is older, sometimes installing a new emissions control system can be an option. If this is the case, the new system must be designed to do the same job as the original, factory system, or exceed the performance of the factory parts.

All emissions control systems must be in proper working order and cannot be altered or modified.

Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.