"Improper muffler" HTA 75(1) / "unnecessary noise" HTA 75(4)

[IMPUL]

§ 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.

[Howie]

Peel regional is notoriously bad for nailing anything they can. I was once stopped on my ZX6R for similar issues, and I actually had to bring a mechanics note from Kawasaki to the provincial courts proving the bike was in stock condition to have my fee waived, as it was in stock condition when I was pulled over.

I wasn't speeding either, I was on clark rd at the time too. But the lime green paint attracted his attention and well the rest is history.

Allthough in your court battle, Id suggest you emphaze the point that most sportbikes are much louder in factory state then your micra shall ever be. (I am not a lawyer however)

If you think this was bad.. Security quebec did the same thing to me, except my bike was impounded and promptly released once inspected to be indeed stock aside from frame sliders I had fitted. To which the people of quebec paid me $5k in damages and lost wages for the stunt.

Sadly to say, the only way to escape a cops arrogance is to simply not modify the car from it's stock form.

[palourde77]

In Québec the law tell (in more complex word) not stock not legal! but cops do what they want! my friend have a big yellow 1966 chevy 3 inch straigh pipe exahust no problem!! I had yellow headlight on my toyota echo ticket!!!!

[Graham18ce]

Noise is a pain in the ass, on all accounts...which is why most of it is grey at best...
Bikes get hit all the time, best to know if you change the stock config at all, you are going to be on the line whether it meets or not...

With bike track experiences years ago, we would head as a group to Cayuga and they would constantly measure the decibels from the bikes...at a measured distance...
Many of the full out race pipes are quieter than the need rating, even quieter than a Stock SV650 which constantly was one of the loudest stock form bikes i'd hear...
most of it was in the pitch and tone....this sounds louder, but it is actually just more noticeable...

[IMPUL]

DB rating is for municipal by-law, there is no rating limit for HTA.
There is also no definition of "loud", "excessive",or "unnecessary" which leaves it very open to the officers discresion.
To test my luck and knowing they were still blitzing, I drove around last night to see if another PRP would pull me over. I passed several. Even drove passed one doing radar twice, once northbound on opposite side, and again southbound directly in front of him.
His window was down and it was quiet ( 12:17am ) and he didn't even flinch.

Sounds like not all officers like it's loud or excessive.
I've also driven through forks of the credit with multiple opp every 400m .. No ticket or stop.

[AlphaMicra]

Actually, it's much simpler than you think.

You don't need to prove your innocence; rather, it's the prosecutor's job to prove your guilt. In court, the cop becomes a witness. You get to cross-examine him, which can be extremely satisfying when the cop is an obnoxious pig who enjoys throwing his weight around, because, in court, he has absolutely no power over you as the defendant. He must answer your questions. You do not admit to having an aftermarket exhaust, you see what evidence the prosecutor has that you a) have an aftermarket exhaust, and b) to what level it's in violation.

A good place to start is to ask for disclosure. This is so you can see the evidence being used against you. In Peel, chances are good you will receive none, which will prolong the court date through no fault of your own. If it's over 10 months, you could ask for, and very well may receive, a stay. You'll need to file form 4F before the court date, however.

Here's some resources:

http://ticketcombat.com/
http://fyst.ca/

[AlphaMicra]

I just want to add, it really pisses me off when an officer of the law thinks it's okay for a Porsche to generate a certain level of noise, while a Micra cannot. Basically, what he's saying is, if you're rich and can afford a Porsche, you bought the right to make more noise than would the owner of a Micra. It's elitist, and it's wrong.

Honestly, I've encountered a lot of noisy cars in my area lately, and I would like it if the cops would lay more charges, but just because someone is driving a Porsche shouldn't give them the right to have their car make more noise than a Micra. Quite the opposite; all that money should mean the car is quieter.

I suggest you make hand-written notes right away to refer to in court. In the fortunate event that you get to cross examine this officer, you can ask him if he made those statements. If he cannot remember, your handwritten testimony written and dated moments after the event will trump his impaired memory, and you will be able to demonstrate prejudice. Ever see a cop turn red with embarrassment while on the witness stand? You will have to work hard to keep yourself composed.

[micrapolis]

all great advice ITT.

one more advice, for the future: get a dash cam. holy mother, get a dash cam. it's less than a $100 and up.

they are saviors: not only for accidents,but also for police missteps like these.

[IMPUL]

I was actually thinking that right after it happened. ... Hind sight am I right?!?
I could have pulled out my iPhone to use the camera. But probably would have also gotten a "hand held device ticket"

I still haven't gotten a call back from the traffic supervisor yet.
I'll escalate my complaint soon if I don't hear from them.

I have no problem with police, they are just trying to do their jobs. But when they abuse power, violate rights and freedoms, I don't take it lightly. I've been harassed as a youth, and as an adult( in certain cars, like RHD Skylines ) it doesn't feel good.

Most of the time, if I feel like I'm about to be pulled over, but haven't, there probably power tripping.

I had one follow me though a parking lot, wait for me for 15-20 mins while I was using wifi, then follow me on the streets, then pull me over for not having a sign that says my car is RHD, which is not required if I have turn signals.

I wasted my time and his, trying to harass me for RHD when he didn't even know the law.

[MetroMPG]

So you didn't get any kind of ticket or warning after being pulled over for "driving while RHD" that time?