How to Defend Against a Modified Exhaust Ticket

[diesel clan]

My question involves vehicle maintenance laws for the State of: WASHINGTON City of Puyallup

What is the best defense for Modified exhaust ticket RCW 46.37.390.3.1

Items of concern:

1) location of citation
A) cited at location SR 161 Ref. 176th ST
B) was physically at 10401 Sunrise Boulevard East, Puyallup, WA 98374

2)After viewing other threads, I realized the truck i was driving is 25 years old and per this RCW I don't believe it applies or is exempt?

[jk]

what was the reason, specifically, for the citation?

(1) 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 cut-out, bypass, or similar device upon a motor vehicle on a highway.

(2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 1 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a)(i) above.

(b) No motor vehicle first sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (b)(i) above.

(c) For the purposes of this subsection the following definitions shall apply:

(i) "Opacity" means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background;

(ii) "Ringelmann chart" means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718.

(3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection.

This subsection (3) does not apply to vehicles twenty-five or more years old or to passenger vehicles being operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body.

while sect 3 does not apply, sect 1 does so if there is excessive or unusual noise, the statute can still apply.

You can research to see what the state defines as excessive or unusual noise. If your vehicle doesn't meet what the state defines as such, that is a defense.

other than that, is it possible that SR 161 is also known as Sunrise BLVD East?

[diesel clan]

SR 161 is meridian which is nearby but not Sunrise BLVD East.

He cited me for being "Too loud". verbally this is what he mentioned but on the ticket all he put was modified exhaust with the above RCW.

- - - Updated - - -

The police officer only said it was "too loud". but without a decibal meter how would he be able to write this ticket or prove that it actually was too loud?

[PTPD22]

Well, SR 161 (Meridian) and 176th St. E. is also Meridian and Sunrise Blvd. E., depending on whether you turn east or west from Meridian. The location on your NOI is going to be where the officer first observed your violation, not where you physically came to a stop and he handed you the ticket. So, if you were driving on Meridian and turned onto 176th before the stop, that makes sense.

As for the charge, there IS NO 46.37.390.3.1! There is 46.37.390.1, 46.37.390.2.a, 46.37.390.2.b, and 46.37.390.3. (46.37.390.2.c is only definitions, not a chargeable offense). Are you sure that is what is on the ticket? If the officer charged you with .3 rather than .1, then your 25+ year old vehicle is exempt and the NOI should be dismissed.

[diesel clan]

what was the reason, specifically, for the citation?

while sect 3 does not apply, sect 1 does so if there is excessive or unusual noise, the statute can still apply.

You can research to see what the state defines as excessive or unusual noise. If your vehicle doesn't meet what the state defines as such, that is a defense.

Any suggestions where to find this information of how the court will define "excessive or unusual" noise?

[jk]

PTPD22's question is pertinent. Could you clarify exactly what section is being charged? By what was written on the ticket, it sounds like (3) is possibly the section. If so, the 25+ yo vehicle would be a valid defense. If it was (1), then we have to figure out what "loud or excessive" is.