WEST virginia legislature
2016 regular session
House Bill 4193
By DELEGATES HOWELL, FRICH, ARVON, MOFFATT, FAIRCLOTH, WESTFALL, R. PHILLIPS, MILLER, CADLE, WALTERS AND ZATEZAOL
[Introduced January 21,
to the Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17C-15-34 of the Code of West Virginia, 1931, as amended, relating to motor vehicle equipment; prohibiting the modification of mufflers resulting in excessive noise levels; and providing an exception.
Be it enacted by the Legislature of West Virginia:
That §17C-15-34 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-34. Mufflers; prevention of noise, fumes and smoke; violations.
(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.
muffler shall be the muffler originally installed by the manufacturer of the
vehicle or, if a replacement, the equivalent thereof. No A
person shall may not use a muffler cutout, bypass, 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.
(c) A person may not modify the exhaust system of a motor vehicle in a manner so that the exhaust system emits in excess of ninety-five decibels as measured by the Society of Automotive Engineers (SAE) Standard J1169 (May 1998). It is not a violation of this section, unless proven by proper authorities, that the exhaust system modification results in noise amplification in excess of ninety-five decibels under the prescribed SAE test standard.
(d) A court may dismiss any action for which a person is prosecuted for operating a vehicle in violation of subsection (c) of this section if it is found that the defendant had reasonable grounds to believe that the vehicle was not operated in violation of this section.
NOTE: The purpose of this bill is to create an exception to allow aftermarket mufflers.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.