VA local noise laws??

[ducatiz]

I was buzzing thru Fairfax on one of my bikes that has megaphones (straight pipes and nothing inside -- loud as f!ck ) and got pulled over by FCPD.  Bike is an Alazzurra 650SS

Nothing was amiss on my bike, except I think he was looking to hassle me since the bike was loud.  I was going 35 ish in a 40 when he blipped me.

No ticket, just wasted time.  Ran everything through the ringer. Oink oink.  It got me thinking.

VA has no pipe ordinances, but are there any counties that do?

[potomacduc]

There may not be local noise ordinances, but if you are running a non-DOT approved exhaust system you could of course be ticketed for that.  No local VA jurisdiction needs a noise ordinance.  If your pipes are loud, they are likely not DOT and therefore you can be ticketed for that if the officer wants.  The only difference a local ordinance would make is that they could give you two tickets.

Like most Duc owners my exhaust system is a little "different" than when it left the factory and so far I haven't had a problem.  VA, being the jack-ass traffic law state that it is, you never know when a "crack down" on exhausts like they do for "aggressive driving" will happen.  Hopefully never.

[rhouck]

Pick which applies best to you:

§ 46.2-1047. Muffler cutout, etc., illegal.

It shall be unlawful to sell or offer for sale any (i) muffler without interior baffle plates or other effective muffling device or (ii) gutted muffler, muffler cutout, or straight exhaust. It shall be unlawful for any person to operate on the highways in the Commonwealth a motor vehicle, moped, or motorized skateboard or scooter equipped with a gutted muffler, muffler cutout, or straight exhaust.

§ 46.2-1049. Exhaust system in good working order.

No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make.

The term "exhaust system," as used in this section, means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.

§ 46.2-1050. Mufflers on motorcycles.

It shall be unlawful for any person to operate or cause to be operated any motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation.

No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motorcycle.

Pretty much every state law I've ever looked at includes some generic clause about not allowing for aftermarket exhausts to be louder than stock; it gets them around having to deal with specific dB readings.

Now are they ever really enforced that stringently? Not really (though I've heard many of the local VA car enthusiasts get a ream of shit for anything aftermarket). But he can certainly give you a fix-it ticket (or general equipment violation) if you want and you can have fun explaining to a VA judge why your exhaust should be legal.

[ducatiz]

Pick which applies best to you:

Pretty much every state law I've ever looked at includes some generic clause about not allowing for aftermarket exhausts to be louder than stock; it gets them around having to deal with specific dB readings.

Now are they ever really enforced that stringently? Not really (though I've heard many of the local VA car enthusiasts get a ream of shit for anything aftermarket). But he can certainly give you a fix-it ticket (or general equipment violation) if you want and you can have fun explaining to a VA judge why your exhaust should be legal.

46.2-1047 pretty much covers it, i guess i got off easy.  the megaphones are clearly empty.  fairly specific.

§ 46.2-1049 is probably too vague to be enforceable. .  Neither a patrolman nor a judge is in a position to know or say what a factory Cagiva exhaust should be, and "excessive or unusual levels of noise" is a very subjective description.

thanks for the links, i'll get those baffles fixed!

[zooom]

Pretty much every state law I've ever looked at includes some generic clause about not allowing for aftermarket exhausts to be louder than stock; it gets them around having to deal with specific dB readings.

Now are they ever really enforced that stringently? Not really 

when I was in Montreal...this cop there was looking for a couple of bikes that were louder than normal (my Monster 900 with Silmotor carbon highmounts,a Yellow VFR with Two Brothers system and a Hyabusa with a full Yosh 4 into 1 system) and he had a dowel in his hand that he pulled from his boot to check for baffles...when he saw my USA (State of Maryland) tag and the same tags on my 2 friends bikes pretty much "hurumphed" in frustration as it was pointless for him to do anything...the locals were jazzed because this guy was pretty much a prick looking to write a ticket for anything that wasn't stock and or baffled on a normal basis....they encouraged our rather audible revelry that they themselves couldn't indulge in...

[rhouck]

46.2-1047 pretty much covers it, i guess i got off easy.  the megaphones are clearly empty.  fairly specific.

§ 46.2-1049 is probably too vague to be enforceable. .  Neither a patrolman nor a judge is in a position to know or say what a factory Cagiva exhaust should be, and "excessive or unusual levels of noise" is a very subjective description.

thanks for the links, i'll get those baffles fixed!

I wouldn't bank on "too vague to be enforceable" unfortunately. Traffic court is about a preponderance of evidence so really if a cop writes you up and says it's too loud, it would end up being up to you to prove to the judge that it is in fact not louder than stock. Even if a judge would dismiss you, still doesn't stop a cop from writing the ticket and ruining your day by having to waste the time fighting it.

But who knows, motorcycles do seem to get a bit more leeway and especially since you're not on a sportbike, it's perfectly plausible that you'll never be cited for it. I'm sure the exhaust sounds great so as long as you're ok with being harassed occasionally and knowing that if you catch a cop on a bad day you could get a ticket... feel free to keep them as-is.  You can always use the "but it's been this way for years and I've never had a problem!" line; that got me out of my one exhaust-related inquiry.

[potomacduc]

I think prudence is the best measure here.  When you're in crowded areas, short shift.  Don't start your bike and rev it on the stand at 4 AM.  In general, try not to be too obnoxious.  If you're not way over-the-top about it, enforcement seems to be pretty lax as others have mentioned.  As long as we aren't jerks about it, it will likely stay that way.  If we start getting obnoxious and revving the shit out of our bikes all of the time, complaints will be made and it will get worse. 

I find the risk acceptable for now. I have had three Ducs with different exhausts in 3 states over 7 years and so far not one problem.  If I were to get a ticket in the next year or two, I wouldn't complain too much about one fine every ~10 years. 

[ducatiz]

Good to hear that enforcement is not stringent.

I don't run that bike much, and only recently moved into the area.  Neighbors were mighty impressed when it revved up, thinking it was a big harley, only to find a leetle italian touring bike.. rofl.

[ducpenguin]

Plus Fairfax is the jack a$$ county of them all...all about revenue!  Glad you got out of it with only a little wasted time!

[potomacduc]

Plus Fairfax is the jack a$$ county of them all...all about revenue!  Glad you got out of it with only a little wasted time!

Amen, but it's not just about the revenue to local government, it's also about the good ol' boys lawyer network getting fed as well.  You generally get two choices: pay us a bunch of money and lose your license or pay us and your lawyer a bunch of money and keep your license.  I'm very fortunate to have never been nabbed in Fairfax (or VA in general for that matter) but I have seen friends drop serious cash to keep their license.