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A.R.S. 28-955. Mufflers; noise and air pollution prevention; emissions control device

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Old Apr 2, 2012 | 04:35 PM
  #1  
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AbsolutelyNothingHappenin
 
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From: Desert, AZ
A.R.S. 28-955. Mufflers; noise and air pollution prevention; emissions control device

28-955. Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception
A. A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise.
B. A person shall not use a muffler cutout, bypass or similar device on a motor vehicle on a highway.
C. The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive fumes or smoke.
D. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall be equipped with emissions control devices that meet the standards established by the director of environmental quality.
E. A person who violates this section is subject to a civil penalty of at least one hundred dollars.
F. This section does not apply to an electrically powered motor vehicle.

I just got pulled over. The motorcycle phx cop was looking under my car. He said, and cited me for 28-955a, and wrote on the citation, "Muffler to prevent excessive/unusual noise".

I bought a HKS straight pipe and muffler from a member here, in 2005, and have not had any issues until now. I passed emissions inspection last year. Muffler does not have any visable wear spots and is in good working order per section a. above. I think the 'unusual noise' would be the rotary, wouldn't it?

Has anyone in AZ received this citation and sucessfully fought it? In speaking with my friends, it sounds bogus, due to the non-standard, non-piston engine. Am I correct?

What do I need to provide the court that my muffler is in good working order? An inspection?

Last edited by pret; Apr 2, 2012 at 05:35 PM. Reason: additonal questions.
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Old Apr 2, 2012 | 07:02 PM
  #2  
yale02's Avatar
Still plays with cars
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From: Tempe, AZ
Wow, that sucks! I've never heard of this happening in AZ.
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Old Apr 13, 2012 | 10:55 AM
  #3  
09Factor's Avatar
Original Turbo 'd Auto !!
 
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From: Surprise, Arizona
Originally Posted by pret
...
I just got pulled over. The motorcycle phx cop was looking under my car. He said, and cited me for 28-955a, and wrote on the citation, "Muffler to prevent excessive/unusual noise".

I think the 'unusual noise' would be the rotary, wouldn't it?

Has anyone in AZ received this citation and sucessfully fought it? In speaking with my friends, it sounds bogus, due to the non-standard, non-piston engine. Am I correct?

What do I need to provide the court that my muffler is in good working order? An inspection?
Sounds like the Bike officer was bored that day. I'd fight it.
To me the G35 exhaust note sounds unsual. So they should get a ticket, right? That is if you follow 28-955 Section "a"
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Old Apr 15, 2012 | 06:05 PM
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yellow FE's Avatar
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From: San Bernardino CA
Wow, I'm impressed as to how vague that statute is...what's the standard of noise level in AZ?
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