Bimmer Update (also, WTF laws)

"Zipppy, Mazdurp builder, Probeski owner and former ricerboy" (zipppyart) 03/29/2016 at 22:43 • Filed to: bimmer

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Ever since the misfire has been fixed, car has been running well (Obvs), which lead to me and KanataSZ actually driving it. I got what I feel is an unfair ticket today.

High mileage, ho!

Car got pulled over and ticketed for a loud exhaust.

Car has temp tags, which means the car can be driven to and from shops to get repairs done until it gets inspected for a full tag, since I’m doing repairs myself, im not going to said shops to fix trivial issues, like spark plug wires and valve cover gaskets (all which were done at home). I find this ticket unfair since the car has the tag, and the muffler is something I intend to replacing anyway in the near future (previous owner straight piped it). I assume court is the only place I can solve this, other than suckering up the cash for the fine, which could really be used towards actually fixing the problem.

Despite the high mileage, (roughly 240K miles after conversion from the oh-so-noble metric system) The M44 under the hood is still running like a top. Sure some mounts are on the way out, but its still pretty damn solid.

CB > Zipppy, Mazdurp builder, Probeski owner and former ricerboy 03/29/2016 at 22:54

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Fight it in court. There is no actual legal definition for what “too loud” is, it’s all officer discretion, from what I remember. And if worse comes to worse, bring up the point that the price of the ticket would allow you to replace the exhaust and prevent anything like that from happening again.

Steve in Manhattan > Zipppy, Mazdurp builder, Probeski owner and former ricerboy 03/29/2016 at 22:56

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You said it yourself - you were driving somewhere other than a shop, if I read it right. A long time ago, in a galaxy far far away, I had an old Volvo with the same sort of tags (needed rust repair and a bunch of electrical issues fixed). I was, in fact, on my way to a shop when a cop pulled me over. He followed me the few blocks to the shop to make sure I was on the up and up. Then we drank coffee and shot the shit in the waiting room when he figured I was telling the truth. MD police are mostly decent folk.

Go to court with a plausible story, and they might let you off with a warning. As a lawyer, that’s my legal advice although it is worth exactly what you paid for it.

Bonne chance!

-this space for rent- > CB 03/29/2016 at 23:08

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In Ohio there’s a db level @ distance called out in the law. Nearly impossible to enforce without very expensive equipment.

I once got a warning for loud exhaust because the cop saw the 4" exit on my muffler. Told me something about it being a “boomer” muffler, whatever that means.

Meanwhile open pipe Harley’s roam free.

CB > -this space for rent- 03/29/2016 at 23:15

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Apparently they do have decibel metres here in Ontario, but I can’t find anything in the Highway Traffic Act about loudness.

Zipppy, Mazdurp builder, Probeski owner and former ricerboy > CB 03/29/2016 at 23:50

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Just as I thought. I’m more than certainly taking it up in court either way.

I see these ‘fix it’ tickets as pure BS and a waste of time.

Ive also been hearing this constable is notorious for cracking down on details like that, but rarely goes to court.

CB > Zipppy, Mazdurp builder, Probeski owner and former ricerboy 03/29/2016 at 23:55

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Here’s the law, by the way (if you were charged under the Highway Traffic Act):

“ 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).”

Zipppy, Mazdurp builder, Probeski owner and former ricerboy > Steve in Manhattan 03/30/2016 at 00:03

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Go to court with a plausible story, and they might let you off with a warning. As a lawyer, that’s my legal advice although it is worth exactly what you paid for it.

alright, thanks, ill see if I can put this to good use.

haveacarortwoorthree2 > Zipppy, Mazdurp builder, Probeski owner and former ricerboy 03/30/2016 at 09:06

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If you can, get the new muffler before you go to court and take the receipts with you. The combo of you owning the car for two weeks, temp tags, and the new muffler hopefully will convince a rational prosecutor or judge to dismiss the ticket.