OHTA.ca

What makes officers able to give you a ticket on a loud exhaust. Please back it up with whatever you have. How can harley's drive around without punishment but i get nailed for a stock Honda Civic Si exhaust?

What charge/section were you ticketed with?

There are some charges that are based on not meeting certain legal standards, others that are more just the opinion of the officer.

I'd argue the ones that are based on opinion more then hard and fast rules can be easier to beat in Court. And I wouldn't say Harley's can drive around without punishment, I certainly know a few MC riders who've gotten similar charges.

Stanton wrote:What charge/section were you ticketed with?

There are some charges that are based on not meeting certain legal standards, others that are more just the opinion of the officer.

I'd argue the ones that are based on opinion more then hard and fast rules can be easier to beat in Court. And I wouldn't say Harley's can drive around without punishment, I certainly know a few MC riders who've gotten similar charges.

there is no HTA reference enforcement. Just considered loud.

best i can find would be act 75

Muffler

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. R.S.O. 1990, c. H.8, s. 75 (1).

only leading to maintenance. if you read it very carefully... it says making lots of noise without maintenance. if it's a brand new exhaust and it is not "cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass" there is no reason to fine us...

I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for example, trucks and MC's tend to be louder than passenger cars). When everyone in my view turns to look after source of the very loud noise coming from one specific vehicle, it makes for good evidence.

Brian Smith wrote:I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for example, trucks and MC's tend to be louder than passenger cars). When everyone in my view turns to look after source of the very loud noise coming from one specific vehicle, it makes for good evidence.

ok that's very fair. really appreciate your comment. In majority of cases can you say that it would be due to poor maintenance as Act 75 describes?

AlienPrime wrote:What makes officers able to give you a ticket on a loud exhaust. Please back it up with whatever you have. How can harley's drive around without punishment but i get nailed for a stock Honda Civic Si exhaust?

Do Civic owners have noise by-laws specific to their vehicle, which based on the amount of cylinders, their exhaust can't go over a certain amount of decibels or face a MINIMUM $400-$25,000 fine for a first offense? Because this is already taking place against motorcycle riders in Oakville, Caledon, and in cities across the province and country. Burlington, Windsor, Guelph, London, and the list goes on and on are all on the way to passing the same law. These are specific by-laws targeting motorcycle riders only and doesn't effect anyone else on the road. Whether or not a Civic exceeds this decibel chart doesn't matter. It's a slap on the wrist and a $110 fine under the HTA. So who's being profiled?

Cities like Windsor have motorcycle blitzes each summer specifically targeting motorcycle noise. Based on the backlash across the country in the last couple years against motorcycle riders and their noise, I don't know how much more your statement could be further from the truth. Maybe if motorcycle riders were as common as a car with a loud exhaust and put on 20x more kilometres in a year, you'd see very little difference.

As for exhaust noise according to the highway traffic act, there's two ways this can go. Either your exhaust can be spotted visually as being non compliant (obvious leaks, no muffler, straight pipes, etc), or the officer deems the exhaust too loud and is a distraction to yourself and the safety of others around you. This is up to the officers discretion. There is no decibel chart to go off of. There's nothing in the highway traffic act saying how loud you can and cannot be. It's up to the officer in that moment to make the decision on whether it's a safety and distraction issue. You are more than welcome to challenge the charge in court. That's what the system is there for. An officer is there to uphold the law. He is not sentencing you.

If you wish, you can take your car to a certified mechanic and he can draft you some sort of receipt stating your cars been inspected and there isn't any reason why your car should be making any more noise than it should be.

bend wrote:

Do Civic owners have noise by-laws specific to their vehicle, which based on the amount of cylinders, their exhaust can't go over a certain amount of decibels or face a MINIMUM $400-$25,000 fine for a first offense? Because this is already taking place against motorcycle riders in Oakville, Caledon, and in cities across the province and country. Burlington, Windsor, Guelph, London, and the list goes on and on are all on the way to passing the same law. These are specific by-laws targeting motorcycle riders only and doesn't effect anyone else on the road. Whether or not a Civic exceeds this decibel chart doesn't matter. It's a slap on the wrist and a $110 fine under the HTA. So who's being profiled?

well i'm not going to pay a $110 fine for driving a perfectly stock car..... What is the ratio of decibles to cylinders? I have a sound pressure meter i will test my car.

bend wrote:

As for exhaust noise according to the highway traffic act, there's two ways this can go. Either your exhaust can be spotted visually as being non compliant (obvious leaks, no muffler, straight pipes, etc), or the officer deems the exhaust too loud and is a distraction to yourself and the safety of others around you. This is up to the officers discretion. There is no decibel chart to go off of. There's nothing in the highway traffic act saying how loud you can and cannot be. It's up to the officer in that moment to make the decision on whether it's a safety and distraction issue. You are more than welcome to challenge the charge in court. That's what the system is there for. An officer is there to uphold the law. He is not sentencing you.

what acts would he be charging me under? "officer deems the exhaust too loud and is a distraction to yourself and the safety of others around you" i couldn't find that or any effect of that in the HTA

bend wrote:

If you wish, you can take your car to a certified mechanic and he can draft you some sort of receipt stating your cars been inspected and there isn't any reason why your car should be making any more noise than it should be.

why is it that the car could leave the factory!? it's brand new 2012 si....

AlienPrime wrote:

well i'm not going to pay a $110 fine for driving a perfectly stock car..... What is the ratio of decibles to cylinders? I have a sound pressure meter i will test my car.

It's a city bylaw that applies to motorcycles only, as already stated. Again, there is no decibel chart for a regular exhaust ticket as I have already said previously. This was in response to your ignorant comments about Harleys and how they don't receive tickets for loud exhausts, when in fact, they are the most punished in this province.

AlienPrime wrote:

what acts would he be charging me under? "officer deems the exhaust too loud and is a distraction to yourself and the safety of others around you" i couldn't find that or any effect of that in the HTA

You tell me. You got the ticket. Why are you asking me what you are charged with?

I'm assuming you got the same exhaust ticket everyone else gets. You think the consequences of a loud exhaust have to be explained to you in the charge? It doesn't have to be. Does a speeding charge explain to you the reasoning behind it? The reason why there is an exhaust law is to weed out distractions. If there is someone with an exhaust so loud that it distracts or muffles the sound of horns and police sirens, it's a hazard which is the reasoning behind the whole ticket in the first place.

Did the officer put your car on a hoist and check for leaks? Of course he didn't. He makes a decision based in that moment of time as another driver sharing the road with you. Don't like it? Go to court. You were charged, not convicted.

AlienPrime wrote:why is it that the car could leave the factory!? it's brand new 2012 si....

Because he can. He can give you a ticket for wearing a pink hat too. Don't like it? Go to court. I've already gave you a suggestion that would prove in court your exhaust, whether it's relatively new or not, doesn't have any failed gaskets and is in perfect working condition. Instead you want to go around in circles. If you wish to go to court and risk getting into a he said/she said debate with an officer, go right ahead.

bend wrote:

AlienPrime wrote:

well i'm not going to pay a $110 fine for driving a perfectly stock car..... What is the ratio of decibles to cylinders? I have a sound pressure meter i will test my car.

It's a city bylaw that applies to motorcycles only, as already stated. Again, there is no decibel chart for a regular exhaust ticket as I have already said previously. This was in response to your ignorant comments about Harleys and how they don't receive tickets for loud exhausts, when in fact, they are the most punished in this province.

AlienPrime wrote:

what acts would he be charging me under? "officer deems the exhaust too loud and is a distraction to yourself and the safety of others around you" i couldn't find that or any effect of that in the HTA

You tell me. You got the ticket. Why are you asking me what you are charged with?

I'm assuming you got the same exhaust ticket everyone else gets. You think the consequences of a loud exhaust have to be explained to you in the charge? It doesn't have to be. Does a speeding charge explain to you the reasoning behind it? The reason why there is an exhaust law is to weed out distractions. If there is someone with an exhaust so loud that it distracts or muffles the sound of horns and police sirens, it's a hazard which is the reasoning behind the whole ticket in the first place.

Did the officer put your car on a hoist and check for leaks? Of course he didn't. He makes a decision based in that moment of time as another driver sharing the road with you. Don't like it? Go to court. You were charged, not convicted.

AlienPrime wrote:why is it that the car could leave the factory!? it's brand new 2012 si....

Because he can. He can give you a ticket for wearing a pink hat too. Don't like it? Go to court. I've already gave you a suggestion that would prove in court your exhaust, whether it's relatively new or not, doesn't have any failed gaskets and is in perfect working condition. Instead you want to go around in circles. If you wish to go to court and risk getting into a he said/she said debate with an officer, go right ahead.

k

take a few pics of the exhaust and actual straight on to the muffler and show us, might be something or not that someone here can help you with

AlienPrime wrote:

Brian Smith wrote:I've laid this charge mostly for MC's, and only a few cars/trucks. I've always laid for based on observations alone. For example, everyone knows (from spending time on the roadways) how much noise traffic generally makes. People Also tend to accept that some vehicles are loader than others ( for example, trucks and MC's tend to be louder than passenger cars). When everyone in my view turns to look after source of the very loud noise coming from one specific vehicle, it makes for good evidence.

ok that's very fair. really appreciate your comment. In majority of cases can you say that it would be due to poor maintenance as Act 75 describes?

With vehicles in disrepair I generally give the driver time to provide proof of repair. Never had someone not provide the proof in the allotted time. For those that have modified their vehicle to make noise, they get the charge. Of those I've taken action against it is probably an even split between the two.

Where (City) was the ticket issued and under what section?