Thread: Exhaust ticket
View Single Post
Old Aug 10, 2004 | 05:59 PM
  #31 (permalink)  
kender's Avatar
kender
gadget man
 
Joined: Aug 2002
Posts: 2,638
Likes: 0
Default

http://www.flsenate.gov/Statutes/ind...16/Sec2935.HTM


read for a full listing but this is what I think applies

1)(a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to subsection (7). Tampering is defined as the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle. All motor vehicles sold, reassigned, or traded to a licensed motor vehicle dealer are exempt from this paragraph.

basically you can't dismantle remove or make ineffective the polution control device, it lists lower on the link things like egr and cat, however you can replace them with equivalent design. also the muffler is not a polution control device since it has no filters, it just has baffles that deflect sound but all the exhaust comes out. it is the cat that controls the polutants and I highly doubt this chick got on here knees and looked for a cat. the muffler is fair game as long as its not too loud. my muffler is a straight through pipe with a tunnel of screen on the inside ( you could drop a quarter straight through it) and its a dc sports tcs cat back system so you know its carb eq'd.

not properly equiped is ambiguous but in court you can argue that it had the necessary and required equipment or its equivalent ( enter carb cert ), also private property, also she wrote modified exhaust put cited you for 316.610 Safety of vehicle; inspection. I have heard of people getting off becaus the cop transposed 2 numbers, like your case they wrote 316.160 instead of 316.610 and it got tossed on that, so the judges can be hard on the cops for stupid fuckups. your statute has to do with any unsafe vehicle conditions not just "modified exhaust" so you should get off on that if not because of everything else.

also looke here
http://www.flsenate.gov/Statutes/ind...316/Sec272.HTM

print up all the info on the links I gave you and read them, also take them to court to reference to if need be ( plus it looks like you did your homework ) I will check for a statute that limits the police authority on private property in relation to traffic violations and let you know what I find.
__________________
U.S.S.A Crew Member #001



Reply