Pulled over while sitting still! In Knoxville,TN
#71
Taken from http://municode.com/resources/gatewa...d=11098&sid=42 Knoxville tenn City code.
Sec. 17-383. Excessive noise; excessive fumes or smoke. (a) Muffler. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.
(b) Excessive fumes or smoke. 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.
(c) Maximum noise from vehicle.
(1) No person shall operate either a motor vehicle or combination of vehicles of a type subject to state registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle, based on a distance of fifty (50) feet from the center of the lane of travel, within the speed limits specified in this section:
TABLE INSET:
Speed Limit of 35 mph or Less Speed Limit of More Than 35 mph Any motor vehicle with a manufacturer's gross vehicle weight rating of 6,000 pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle 86 dBA 90 dBA Any other motor vehicles and any combination of vehicles towed by such motor vehicle 82 dBA 86 dBA
(2) This subsection applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this Code relating to motor vehicle exhaust noise.
(3) For the purpose of this subsection, a motor truck, truck tractor or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's vehicle gross weight rating of six thousand (6,000) pounds or more if the unladen weight is more than five thousand (5,000) pounds.
(4) The noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A-weighing scale and utilizing the fast meter speed.
(d) Exception. The requirements, prohibitions and terms of this section shall not apply to any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
(Code 1962, § 26-1022)
State law references: Similar provisions, T.C.A. § 55-9-202.
The only problem is if you do not have any type of muffler... BUT did he look to see if you had mufflers?
I REPEAT the officer has no discretion in this. He must measure the device! look it up yourself!
Sec. 17-383. Excessive noise; excessive fumes or smoke. (a) Muffler. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.
(b) Excessive fumes or smoke. 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.
(c) Maximum noise from vehicle.
(1) No person shall operate either a motor vehicle or combination of vehicles of a type subject to state registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle, based on a distance of fifty (50) feet from the center of the lane of travel, within the speed limits specified in this section:
TABLE INSET:
Speed Limit of 35 mph or Less Speed Limit of More Than 35 mph Any motor vehicle with a manufacturer's gross vehicle weight rating of 6,000 pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle 86 dBA 90 dBA Any other motor vehicles and any combination of vehicles towed by such motor vehicle 82 dBA 86 dBA
(2) This subsection applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this Code relating to motor vehicle exhaust noise.
(3) For the purpose of this subsection, a motor truck, truck tractor or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's vehicle gross weight rating of six thousand (6,000) pounds or more if the unladen weight is more than five thousand (5,000) pounds.
(4) The noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A-weighing scale and utilizing the fast meter speed.
(d) Exception. The requirements, prohibitions and terms of this section shall not apply to any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
(Code 1962, § 26-1022)
State law references: Similar provisions, T.C.A. § 55-9-202.
The only problem is if you do not have any type of muffler... BUT did he look to see if you had mufflers?
I REPEAT the officer has no discretion in this. He must measure the device! look it up yourself!
#72
Join Date: Nov 2008
Location: Simpson County Kentucky
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Your leaving something out that has a major impact on the material you've posted. The officer only need have a reasonable suspicion and that puts the burden of proof right in your lap. Now, if you want to take the time to prove your straight pipes conform or pass any ordinance then go for it. The codes you have posted are suspect in that they are greater (in terms of sound levels) than that of the federal law. A state can have a law the is more stringent but not less.
#73
Your leaving something out that has a major impact on the material you've posted. The officer only need have a reasonable suspicion and that puts the burden of proof right in your lap. Now, if you want to take the time to prove your straight pipes conform or pass any ordinance then go for it. The codes you have posted are suspect in that they are greater (in terms of sound levels) than that of the federal law. A state can have a law the is more stringent but not less.
#74
You know maybe for my daughter if the preceding incident would not of happened. My wife has not has a ticket since she was 17, over twenty yeas ago. No she would not of done anything of the nature. So just food for thought, you are not correct. he is a guy with a big stick and it makes him feel powerful, maybe because he has a small stick.
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