January 11, 2006, Introduced by Rep. Jones and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 707, 707a, 707c, 707d, and 707e (MCL 257.707,
257.707a, 257.707c, 257.707d, and 257.707e); and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
707. (1) A motor vehicle , including a motorcycle or
moped,
shall at all times be equipped with an exhaust system and a
muffler in good working order and in constant operation to prevent
excessive
or unusual noise, and annoying smoke, or noise in
excess of the limits established in section 707c. A person shall
not remove, destroy, or damage any of the baffles contained in the
muffler ,
nor shall a person or use a muffler cutout, muffler
bypass,
muffler amplifier, or similar device upon a motorcycle
or
moped
on a highway or street motor
vehicle.
(2)
The engine, and power mechanism, exhaust system, and
muffler of a motor vehicle shall be so
equipped and adjusted as
to prevent the escape of excessive fumes or smoke. A person shall
not operate a motor vehicle on a street or highway if that motor
vehicle has a defect in the exhaust system or muffler that affects
sound reduction.
(3) A motor vehicle shall at all times be equipped with a
properly
operating exhaust system which shall include a tailpipe
and
resonator on a vehicle where the original design included a
tailpipe
and resonator as equipped in
the original design
specifications of the manufacturer. Any exhaust system replacement
equipment shall substantially conform to the original design
specifications.
Sec. 707a. (1) As used in sections 707a to 707e:
(a) "Decibel" means a unit of sound level on a logarithmic
scale measured relative to the threshold of audible sound by the
human ear, in compliance with American national standards institute
standard S 1.1-1960.
(b) "Decibels on the a-weighted network" or "DBA" means
decibels measured on the a-weighted network of a sound level meter,
as specified in American national standards institute standard S
1.4-1971.
(c) "Fast meter response" means the meter ballistics of meter
dynamic characteristics as specified by American national standard
S 1.4-1971.
(d) "Maximum noise" means the noise emitted from a vehicle
during
that manner of operation which that
causes the highest DBA
level possible from that vehicle.
(e) "Muffler" means a device for abating the sound of escaping
gases of an internal combustion engine.
(f) "Exhaust system" means the system comprised of a
combination
of components which that
provides for enclosed flow
of exhaust gas from engine parts to the atmosphere.
(g) "Noise" means any sound.
(h) "Total noise" means noises radiating from a vehicle but
does not include noises emitted from a horn, siren, bell or other
similar device of an authorized emergency vehicle.
(i) "Gross vehicle weight rating" means the value specified by
the manufacturer as the loaded weight of a vehicle.
(j) "Combination vehicle" means any combination of truck,
truck tractor, trailer, semi-trailer or pole trailer used upon the
highways or streets in the transportation of passengers or
property.
(2) For purposes of sections 707a to 707e, "motor vehicle"
does not include special mobile equipment.
Sec.
707c. (1) After April 1, 1978, a motor vehicle shall not
be
operated or driven on a highway or street if the motor vehicle
produces
total noise exceeding 1 of the following limits at a
distance
of 50 feet except as provided in subdivisions (b)(iii) and
(c)(iii):
(a)
A motor vehicle with a gross weight or gross vehicle
weight
rating of 8,500 pounds or more, combination vehicle with
gross
weight or gross vehicle weight ratings of 8,500 pounds or
more.
(i) Ninety DBA if the maximum lawful speed on the
highway or
street
is greater than 35 miles per hour.
(ii) Eighty-six DBA if the maximum lawful speed on the
highway
or
street is not more than 35 miles per hour.
(iii) Eighty-eight DBA under stationary run-up test.
(b)
A motorcycle or a moped:
(i) Eighty-six DBA if the maximum lawful speed on the
highway
or
street is greater than 35 miles per hour.
(ii) Eighty-two DBA if the maximum lawful speed on the
highway
or
street is not more than 35 miles per hour.
(iii) Ninety-five DBA under stationary run-up test at 75
inches.
(c)
A motor vehicle or a combination of vehicles towed by a
motor
vehicle not covered in subdivision (a) or (b):
(i) Eighty-two DBA if the maximum lawful speed on the
highway
or
street is greater than 35 miles per hour.
(ii) Seventy-six DBA if the maximum lawful speed on the
highway
or
street is not more than 35 miles per hour.
(iii) Ninety-five DBA under stationary run-up test 20
inches
from
the end of the tailpipe.
(1) (2)
A dealer shall not sell or offer for sale for use
upon a street or highway in this state and a person shall not
operate
upon a street or highway in this state a new
motor
vehicle manufactured
after April 1, 1978, which that
produces a
maximum noise exceeding the following limits measured at a distance
of 50 feet:
(a) A motor vehicle with a gross vehicle weight rating of
8,500 pounds or more—83 DBA.
(b) A motorcycle or a moped—83 DBA.
(c) A motor vehicle not covered in subdivision (a) or (b)—80
DBA.
(3)
A person shall not operate a vehicle on a highway or
street
if the vehicle has a defect in the exhaust system which
affects
sound reduction, is not equipped with a muffler or other
noise
dissipative device, or is equipped with a cutout, bypass,
amplifier,
or a similar device.
(2) (4)
A person, either acting for himself or herself or as
the agent or employee of another, shall not sell, install, or
replace a muffler or exhaust part that causes the motor vehicle to
which the muffler or exhaust part is attached to exceed the noise
limits established by this act or a rule promulgated under this
act.
(3) (5)
A person shall not modify, repair, replace, or
remove a part of an exhaust system causing the motor vehicle to
which the system is attached to produce noise in excess of the
levels established by this act, or operate a motor vehicle so
altered on a street or highway.
(4) (6)
A dealer shall not sell a used or secondhand motor
vehicle
for use upon a street or highway which that
is not in
compliance with this act.
Sec.
707d. (1) A person who violates section
707c(2), (4), or
(6)
707c is guilty of a misdemeanor punishable by a fine of
$100.00.
(2)
A person who violates section 707
or 707b or 707c(1),
(3),
or (5) is responsible for a civil infraction.
(3) A person who, at the time of installation, knowingly
installs
a muffler or exhaust system which that exceeds the
decibel
limits of this act shall be is liable to the person who
receives a citation for violation of 707c for the amount of not
less than $100.00, plus reasonable attorney fees and court costs.
(4) If it is shown that the noise level of a motor vehicle is
in excess of the DBA levels established in this act, that evidence
shall be prima facie evidence that the motor vehicle was producing
excessive noise in violation of this act.
(5)
A violation of section 707c(4) or (6) 707c(2) or (4) by
a dealer licensed under this act is prima facie evidence of a
fraudulent act under section 249.
Sec.
707e. (1) Test instrumentation and procedures used for
implementation and enforcement of sections 707a to 707d shall
substantially
conform with to
applicable standards and
recommended practices established by the society of automotive
engineers, inc., and the American national standards institute,
inc., for the measurement of motor vehicle sound levels. Rules
establishing these test procedures shall be promulgated by the
department
of state highways and transportation.
The rules may
provide for measurement at other than the distance specified in
section
707c, provided that if the decibel limits
applied at the
other distances are adjusted accordingly, to meet the standards in
section
707c. The rules shall be promulgated
pursuant to Act No.
306
of the Public Acts of 1969, as amended, being sections 24.201
to
24.315 of the Michigan Compiled Laws in compliance with the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(2)
This act occupies the whole field of vehicle noise
regulation.
A city, county, village, or township shall not adopt or
enforce
vehicle noise rules unless the rules are identical to the
requirements
of this act.
Enacting section 1. Sections 707b and 707f of the Michigan
vehicle code, 1949 PA 300, MCL 257.707b and 257.707f, are repealed.