Shinoda Cobra

Anyone had any sucess fighting an improper muffler ticket? I've had the same exhaust for 3-4 years and never been pulled over for that. I have a Mac off-road H pipe and Flowmaster 2-chamber with no cats. The car is not too loud. We he saw me I was going through the gears but I was not in the gas at all.
I have 3 options..
1. Pay the ticket. Around $150.00
2. Put the stock exhaust back on, have it inspected, put the Mac H pipe and
Fowmaster back on. The ticket goes away.
3. Go to court.
I'm leaning toward number 3. It is not illegal to drive without cats. The
muffler is street legal.

Any ideas?

Glenn

do you have any thing stating the muffler is street legal?

The Reverend

Where did you learn this?

tom281

+1...


+2 LOL.......

Shinoda Cobra

From what I understand, It is illegal to remove cats from a car. However it is not illegal to drive one without them. Here is a copy of Alabama law regarding improper mufflers:

Section 32-5-216

Mufflers; prevention of noise, smoke, etc.

(a) 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 annoying smoke, and no person shall use a muffler cut-out, bypass, a muffler without baffles or similar device upon a motor vehicle on a highway.
(b) 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.
(Acts 1927, No. 347, p. 348; Code 1940, T. 36, ยง39; Acts 1949, No. 517, p. 754, ยง9.)

Shinoda Cobra

I just got off the phone with Flowmaster. They are going to fax me information showing their mufflers are 50 state street legal and another sheet showing a cutout photo of a 40 series 2-chamber with baffles.

The Reverend

Did you phone the EPA and ask them to fax you information over that it is alright to drive on public roadways without cats?

StillenMustang07

Actually, I think it IS illegal to drive witout cats. Has to do with the Clean Air Act of 1990. I believe the fine for removing them from the car can be upwards of $10,000

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Shinoda Cobra

It is illegal to remove cats. It is not illegal to drive a car without cats.

x21

Arent H-pipes sold as "off-road use only"? Also, did the officer actually look to see if you had cats or not? I do not know if you or someone else removed the cats, but either way, the implied responsibility is that the owner/driver removed the pollution control device- like driving with drugs or an unregistered gun in your car by yourself- it may not be yours but just because the car is yours, it technically is "your fault". Trust me, I dont like hearing people tell me what I can and cant do with my own vehicle and how I cant do this and that to it, especially since it doesnt endanger other drivers. At the very least, I think its federal law to mess with pollution stuff on a newer car, and operating one on public roadways, therefore AL should have a law prohibiting it as well. My father had to get a special exemption for his 86 chev truck - and only because it had CA emissions systems which were no longer available - to be able to bypass his broken smog pump.
PS- this is why I am glad I also have the 68 and 69 mustangs- none of that stuff to mess with.

For what its worth, if you go to court, I hope you win

StillenMustang07

Not at all - many cars come from the factory with H-Pipes (Mustangs for example).

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x21

But do they still have cats?

StillenMustang07

Yes - cats also.

x21

I was referring to the h-pipe without cats (the offroad one shinoda cobra says he has). sorry for not clarifying.

GAGT

Did the officer actually look under your car and see you did'nt have cats?

Shinoda Cobra

I took the car to the Police Station today to get it inspected by another officer. I started the car. She said it sounded ok to her and signed off as repaired. She also asked me what I did to tick this guy off. I told her..not a thing. I got the feeling from the other officers that they knew this guy was hard to get along with. I took the ticket to the court clerk and she dismissed it.

tacbear

This is what I get the Harley riders on!! I call the Judge on the phone and tell him who I am, that I have a bike pulled over then I have the owner start his bike and let it idle. If the Judge says it is too loud they get a ticket.