§ 75 - NOISE, SMOKE, BELLS AND HORNS MUFFLER

Noise, smoke, bells and horns Muffler
(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).

(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).




So today I got a "improper muffler" ticket under H.T.A.75(1).

This was not a random stop, but rather a targeted one. I was most definitely in the wrong place at the wrong time.

Today was unseasonably warm. A nice day for car enthusiasts. A bad day for those enthusiasts in peel region though. This has been an on-going issue with "no deal peel"
I made the mistake of being in a known car meet location at terry fox and Britannia, getting some lunch with my son. As I was about to leave I noticed a PRP (peel Regional police ) cruising the parking lot.

Thought nothing of it. Started to leave the parking lot. As I got in line to exit I notice the PRP was also in line. Thought nothing of it. As I pulled out and headed toward the lights the PRP started heading toward me. Now he has my attention. I can see him in my mirror looking at his computer.
I did not pull out fast, or loud, or screech my tires, or accelerate quickly, I signalled... I have no idea why my plates being ran. But I'm sure it is.

The light changes, I'm driving normal, and there goes the cherries.

I pull over, prepare my documents, which are all perfect.

He comes up and says he's pulling me over for my loud exhaust, and smell, cuz I've removed my cats.
He's can lay 5-6 charge, and EPA.

This is not true and I explain that the OEM cats are in place and he can easily look for himself if he wants too.

the smell is cuz the engine was just replaced and there's obviously still coolant everywhere.

Well it's still too loud.

But what about bus and trucks?

He tells me to rev and hold my engine @ 2000rpm. I do.

Says ya ... Hear that drone?

Illegal.

( drone is actually cancelled by a resonator, not the muffler )

He tells me that my car is like 100hp and therefore the noise is unnecessary. (4) not (1)

Continues to tell me a boxer engine making 300hp is loud because of the engine.
Asks me how many litres my engine is.

I say 1.6ltr

(So louder cars can be louder?)

He points at my Nistune sticker and says You did this to make it louder.
See ... That's cuz of your exhaust. Your unnecessarily loud. ( 4 ) not (1)

He does accept the engine defect as I showed him my Nissan paper work. But say that still doesn't explain the noise. It's the muffler. The shops will take your money, but doesn't mean it's legal. He says.

I asked him for his badge number as he was being rude. he said it will be on your ticket.

I have several problems with this.
1. Seem like he was fishing.
2. I'm unnecessary loud but have a improper muffler ticket?
unnecessary noise is under subsection 4 not 1 - but due to being easier to beat via other cars are louder, and how loud is loud defence is often thrown out due to lack of evidence.
Charge laid was actually (1)
For improper muffler. The muffler was not inspected by PRP at all.
How is it known to be improper?, how is it improper?
Etc. it's very vague and pretty much any and all aftermarket mufflers would be illegal.

I'm still confused as to which law I actually broke because he threatened so many, even accused me of not having insurance!

I've past many cops, I've had one run in with a off duty who really didn't like me and I saw him multiple times on the way to work. Even he said nothing about my exhaust. He just didn't like me. He drove very erratically and aggressively and cut me off just to say I was driving bad. I was late for work, no excuse tho, I was. even forgot to replace the sticker which was just days into the following month. I quickly corrected that.

I had another PRP who saw me at 20 over on hurontario right after it switched to lower speed, again I was not right, but everyone does it.
I was lucky and she had to respond to something and let me go. Also said nothing about my exhaust.

Which is still quieter then a bus/diesel truck/commercial vehicle/ etc.

But I increased the noise?

Actually, if I removed all of my exhaust system, header and all,
My engine would be insanely loud.
My OEM header and cats are still installed. This muffles some noise.
Then my cat-back muffles it some more. So it is in fact a muffler
And does not increase the engine noise.

Is it as quiet as stock. - no
Is there technically actual muffler - not an OEM one. But it does muffle the noise somewhat.
Did the officer say I was being pulled over for not having a muffler and the. Ticketed for such. - no I was pulled over for excessive noise, tested and berated for noise. Then ticketed for improper muffler.
Is it a straight pipe? Nope it has bends
Is it attached and operational- yes
Does it reduce the noise as to prevent excessive noise.
- it does if my vehicle is not being held to a higher standard then other vehicles on the road.

Which by the officer saying it's okay for other cars to be louder I'm clearly being held to a higher standard.

On a side note. If he pulled me over a straight up said "you have no muffler" here's a ticket for no muffler.
I wouldnt be fighting it. Check and mate.
But he didn't. The way it all went down just felt wrong.2 other officers even showed up.

In the end I even told him he was rude.
And I called his supervisor.
I will be fighting it.
I will be having my exhaust look at it and see if it is "good operating condition" etc. and what I can do to make it not "improper" if anything. Possible even switch back to stock for now.