Altered exhaust ticket WTF!!!!!!!!!

[MissTwisties]

"nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise,"

Hmm....time to take all the Harleys off the road eh? You don't see cops pulling them over for the very objectionable and unreasonable NOISE they make...

[Awesome]

I was pulled over on the way to work by a trooper this morning. He was polite and proffesional.

[Billy]

Guys,

I found the exact law on the decibel limit.

http://www.mass.gov/rmv/faq/inspection.htm

If you go down to "My motorcycle was failed for illegal pipes. What's legal? " section it says the following:

Generally speaking, you must have a baffle in the exhaust system of a motorcycle. Straight pipes are illegal, and your motorcycle must meet certain noise requirements. For motorcycles manufactured before 1986, 102 decibels is the legal limit, 99 decibels for motorcycles manufactured after 1986.

So as long as he didn't measure the decibels with a decibel meter he has no way to prove it was louder then 99.

I'd fight the ticket and print out that document and show that to the magistrate.

[bump909]

so there's a problem with just an altered exhaust? he didn't say anything about the noise? so say a car needs a new muffler since the factory one is rotted out. said car gets new muffler from midas which by what he is saying can be towed since it has been altered?

[benVFR]

My bike is pretty quiet even with aftermarket exhaust but I've rolled by the Waltham "Nazi checkpoint" every morning since I got my exhaust practically and they have not looked at me twice once.

Sounds like total cherry picking, you probably could have gone WOT past that cop on a straight piped harley and he would not have pulled you over.

I kind of want to find some removable baffles I could put in my pipes if we do get to total Nazi ville.

But we/you should also write to AMA, Abate, whatever to see what can be done about this.

Bottom line we should not stand for "You can't touch your bike". If it meets the noise regs, and meets the emissions regs, it should be legal, just like it is for cars.

This is also somewhat related to the lobbying push from some of the manufacturers to eventually make it illegal for you to do ANY work to your bike. There's been a lot of stuff in MCN about this Fred Rau is supposedly working on a big expose article about the whole mess.

[benVFR]

Bump it's different for cars... the Midas muffler can be marked approved by DOT, even though it is obviously kind of BS as Midas is probably just sticking the same cheap muffler on every car, there is no guarantee that it is really "correct" for each car.

There are no DOT approved motorcycle mufflers or exhausts other then OEM.

This is nothing new it has just never been enforced for 20-30 years.

[bigred875]

"Bottom line we should not stand for "You can't touch your bike". If it meets the noise regs, and meets the emissions regs, it should be legal, just like it is for cars."

from what i understand it is like cars...it is only illegal if louder then a certain decibil level..

where's Vincef2!!

[capt1014]

I kno win NH the dd level can not exceed 106 at a certian RPM and the only cops who can check are registery cops, because they are the only ones who have the meter. Info gained from a concord NH cop himself.

I have no idea what mass is, I think that ticket is a load of shit. I did hear somethign recently that the state was going to change the "altered Exhaust" rule, I don't know how, they did.

I would fight it, considering the recent change. If there was one.

[benVFR]

Look at your stock cans... they will have a DOT approved marking on them indicating they are approved on that given bike.

No aftermarket pipes have this, to get it approved each pipe maker would have to send every model bike to DOT/EPA with every pipe they sell for that bike every year to have them approved... they can't afford to do so.

That is the crux of the potential new laws and/or getting them approved. All the aftermarket goes out of business and Honda, Yamaha, etc.. make lots more money as you pay $1000 for a replacement muffler every couple years after the stocker rusts out.

Look at what they want to do with customs, choppers, etc.. it is even more insanely Nazi-esque, they want to take those bikes totally off the road and kill all the small manufacturers who make up the chopper/custom "cottage industry".

[jwm2k3]

Write a nasty letter to this officers commander. (after court!) Write a letter to AMA (join first) and fight it, fight it, fight it....

[odduc]

Sounds like this cop was on a major power/ego trip. This asshole wanted to impound the bike for an 'altered' exhaust???? Can that be done for a seemingly minor offense??? That, to me, is nothing more than simple harrassment. There are rapists, murderers, drug-runners and REAL criminals on the highway. But, this ass-monkey feels the need to flip a U-turn and go after a guy on a sportbike who was sitting at a stoplight. What an incredible waste of law enforcement resources. I almost forgot about the second cruiser !!!! Unbelieveable !!!!!!
BTW, how could this officer know that the bike had an 'altered' exhaust when he was travelling in the opposite direction???? Shouldn't he be looking out for MOVING violations????
I have tremendous respect for law enforcement officers, but this sort of thing is completely unneccesary.
You should fight that ticket. Good luck !!!!!!

[Karaya One]

Read the current MCN magazine. Noise issues are being looked at at a federal level now.

HD's Screaming Eagle will not be making pipes anymore since they are not OEM, and companies out in CA like Arlen Ness have been fined already at 25K for pipes.

There was a seminar at the V-Twin Expo in Cinci this past spring about this very issue.

This has been coming down the pike for a while.

[damannz]

Originally posted by hessogood
I was pulled over on the way to work by a trooper this morning. He was polite and proffesional.

I have had run in's with proffessional officers also , those are the ones that usaully give you a warning if you dont act like a punk.It just seemed like this guy had it out bikes in general or he was in a very bad mood....He once didnt say anything about the noise,i was idling when he truned around.All he was talking about was altered exhaust, really caught me off gaurd because the local p.d around here hasnt said a thing and ive been riding this bike like this for almost 3 yrs right in front of them.............

[odduc]

My big problem with this issue is the fact that there are REAL crimes being committed while law enforcement is wasting their time stopping, ticketing and impounding motorcycles. Sure, some are noisy, but shouldn't those cops be on the lookout for criminals and protecting people from them. I'm just thinking out loud....

[VinceF2]

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 16. Offensive or illegal operation of motor vehicles

Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe.
No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or
(2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

No person, except a duly authorized person driving an emergency fire vehicle, shall operate a motor vehicle equipped with metal studded tires upon a public way between May the first and November the first; provided, however, the registrar may authorize the use of such tires before November the first, if weather conditions require the use thereof. Whoever violates the provisions of this paragraph shall be punished by a fine of not more than fifty dollars.

-----------------------------------------------------------------------------------

540CMR is where the CH90 laws are written from... and according to that regulation: "Unnecessary noise is herein defined as any noise which is louder than that emitted by the motorcycle with original manufacturer's muffler and exhaust system equipment."

So... if it's louder then stock it's illegal... now I'm not saying it's worth a ticket... personally I don't bother with em unless my ears are bleeding or my cruiser it shaking...

as for Unregistered... 90/9... citable and towable... not arrestable... uninsured... 90/34J... criminal but not arrestable... and obviously towable etc...

[bump909]

so that $100 fine is complete BS.

[bigred875]

Originally posted by VinceF2
[B]CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 16. Offensive or illegal operation of motor vehicles

Section 16. motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe.

does that include aftermarket exhausts?

[richw]

Elect more lefty lawyers

Any law that restricts the freedom of Joe Six Pack is a good law

Now, know your place and watch TV; the downtown elitist government knows what's best for you.

Don't think and don't vote

[union]

Originally posted by VinceF2
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 16. Offensive or illegal operation of motor vehicles

Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe.
No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or
(2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

No person, except a duly authorized person driving an emergency fire vehicle, shall operate a motor vehicle equipped with metal studded tires upon a public way between May the first and November the first; provided, however, the registrar may authorize the use of such tires before November the first, if weather conditions require the use thereof. Whoever violates the provisions of this paragraph shall be punished by a fine of not more than fifty dollars.

-----------------------------------------------------------------------------------

540CMR is where the CH90 laws are written from... and according to that regulation: "Unnecessary noise is herein defined as any noise which is louder than that emitted by the motorcycle with original manufacturer's muffler and exhaust system equipment."

So... if it's louder then stock it's illegal... now I'm not saying it's worth a ticket... personally I don't bother with em unless my ears are bleeding or my cruiser it shaking...

as for Unregistered... 90/9... citable and towable... not arrestable... uninsured... 90/34J... criminal but not arrestable... and obviously towable etc...

Problem with this is its unrealistic. I can count on one hand the amount of people that havent changed their exhaust. In my experience most cops are ok. The vast majority in my town just take a look as I ride by and wave. I dont know any of them but I think 99% will realize everyone with a bike mods its and as long as they arent acting like an asshole the cops will leave them be.

As Ive said I rode home at 2am the other night past about 6 different cops and not one gave me a second look. Now if you heard the RC51 with the Sato banzai mounts its pretty damn loud. I was actually surprised I didnt get stopped. I did feel pretty bad about riding it home so late but the other option was walk.

Of course there is always that one out there that is out to ruin someones day. We had one out here a few years back that was pulling over people for loud exhaust even when they had stock exhaust on it. Also he would pull over people that he felt were not wearing DOT helmets. Sometimes they were and sometimes they werent but he would hand out a ticket either way.

[Awesome]

unrealistic or not, that's the law.

[benVFR]

Just think, since so many of us have aftermarket pipes they could just send out an order to pull over every motorcycle and just ignore cars no matter what they are doing.

There are so many of us with "illegal" exhausts that they could make all their revenue off us.

[Awesome]

Did I just use a double negative? Sorry guys.

[LiononaLeash]

I thought about removing the Yoshimura badges from my pipes. Then I remembered I had something more important to do. I need to polish the doorknobs around the house.

I don't live in MA, but I did in high school and college. I jumped back over the border as soon as I was done. MA seems to have so much red tape that even simple tasks, like some of the folks mentioned(insurance, registrations, buying and selling vehicle, taxes... etc) become comlex. Usually they required you to take lots of time out of work to take care of things.

I still have the stock pipes for my TLR, just in case. I may still remove the Yosh badges if I have nothing better to do at some point

[legalspeed]

Hey Mike,

After reading this thread, I have a question: In NH we do not have to carry insurance.

How does this affect us in Mass?

[bigred875]

Originally posted by legalspeed
Hey Mike,

After reading this thread, I have a question: In NH we do not have to carry insurance.

How does this affect us in Mass?

in mass you have to have insurance..if you let it expire they notify the registry and your registration gets suspended..then if caught you get a nice operating un-reg. uninsured...pretty sure you lose your license and pay a butt load of fines..