When it comes to tricking out your car or motorcycle, there are some things you should keep in mind about the law. This post is the first in a series that will teach you how some vehicle modifications may land you in traffic court.
Vehicle Modifications Part 1 – Mufflers
Out of all vehicle modifications, an improper muffler can be one of the most misconceived. Both police and drivers often misunderstand what entails an improper muffler. Some drivers might love the rumble of a straight exhaust or gutted muffler, but these types of mufflers are not only illegal, but will draw unwanted attention from the police. In Ontario, the Highway Traffic Act states:
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.
This means that first, there must be a muffler. Second, that muffler must be in good working order and in constant operation. A muffler must prevent excessive or unusual noise as well as excessive smoke. If a vehicle’s muffler does give out excessive noise or smoke, a police officer can pull you over based only on those signs.
Once a police officer decides to pull the vehicle over he or she will have many ticket options available to him/her. Some municipalities even have their own bylaws on the issue. While excessive noise can only be proven with witness statements, a loud muffler may show that it is not in good working order, which strengthens a police officer’s grounds to issue the ticket. A rusted out muffler, although not a vehicle modification, can lead to other checks by the officer to confirm the safety of your vehicle.
The charges that can result from this section may either be no muffler, or an improper muffler. Another thing to remember is that this section does not mention a highway. This means that a ticket can be issued in a parking lot, off road, or even your own property.
Other tickets that can result from an improper muffler include excessive noise or smoke, but that is another section and will be covered in our next Tricked Out blog post.
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.
