Photo by: Raymond Clarke Images
Four New Jersey Democrats are coming after you, and they may just succeed if the Police believe they can hear your car. If found guilty the penalty is up to a $500 fine and/or up to thirty days in jail.
New Jersey Assemblyman Herb Conway Jr., Assembly woman Shanique Speight, Assemblyman Sterley Stanley and Assemblyman Joe Danielsen want to make it illegal for motorists to modify their car’s exhaust, if such a modification results in the car being louder than stock.
Their bill (S. 2674/A. 4116) currently awaits consideration by the New Jersey Senate Budget and Appropriations Committee as well as the Assembly Transportation and Independent Authorities Committee.
The bill makes it illegal to install or modify an exhaust system if such increases the audible sound above the OEM equipment originally installed on the vehicle.
The bill also requires state inspectors to check for “… excessive or unusual noise of the muffler and exhaust system.” If the inspector believes your muffler sounds “unusual,” they are required by the bill to fail you. “Unusual” potentially includes crackles or pops, a common part of a performance tune, even if such is not louder than a stock exhaust.
One of the many problems with the bill is while it compels police and safety inspectors to enforce the no louder than stock provision; the bill sets no objective, scientific, or verifiable standard to test and measure the loudness of an exhaust, or to find you guilty of violating the law. As such, the bill leaves determination and enforcement up to the ears and the subjective opinion of a law enforcement officers or safety inspectors, neither of which are experts in measuring sound levels, nor who have correct equipment or training to make the determination. Additionally, as the bill is directed at “louder than stock,” a law enforcement officer or safety inspector would need to know exactly how loud the car would be as when new at a dealership.
A group called the SEMA Action Network has set-up an automated system for New Jersey residents to express their opposition to this bill and to communicate with their New Jersey state legislature representatives. The Action Network system sends a email to your representatives which says:
I respectfully request your opposition to legislation (S. 2674/A. 4116) which would prohibit the installation or modification of a muffler or exhaust system of a motor vehicle in a manner which amplifies or increases the noise.
The current exhaust noise law is vague and unenforceable, as measuring each motor vehicle to its factory set muffler creates hundreds of exhaust noise standards on which to enforce.
New Jersey should set one upper limit for exhaust noise—95 decibels—backed by an objective measurement system, instead of relying on subjective judgments.
New Jersey needs to implement a working system with an objective testing procedure for determining if a vehicle’s exhaust system illegally amplifies the noise emitted by the motor vehicle.
Using an SAE International measurement standard would allow the state to definitively prove guilt or innocence, replacing an unpredictable system that cannot objectively verify whether an exhaust system amplifies the noise emitted by the motor vehicle.
To contact your representatives click here.