H. B. 2378
(By Delegate Hrutkay (By Request))
[Introduced January 17, 2003; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend article fifteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-four-a, relating to requiring motorcycles, motor-driven
cycles and mopeds that operate within one thousand feet of a
predominantly residential area or a residentially zoned area
to be equipped with a muffler; requirements for the muffler;
and penalty.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-four-a, to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-34a. Mufflers on motorcycles, motor-driven cycles and mopeds operating within one thousand feet of a
predominantly residential area or a residentially
zoned area; requirements for muffler; penalty.
(a) Every motorcycle, motor-driven cycle and moped that
operates within one thousand feet of a predominantly residential
area or a residentially zoned area shall at all times be equipped
with a muffler in good working order and in constant operation to
prevent excessive or unusual noise. The muffler shall be the
muffler originally installed by the manufacturer of the motorcycle,
motor-driven cycle or moped, or, if a replacement, the equivalent
thereof. No person may use a muffler cutout, bypass, or similar
device upon a motor vehicle on a highway.
(b) Any person in violation of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars.
NOTE: The purpose of this bill is to
require motorcycles,
motor-driven cycles and mopeds that operate within one thousand
feet of a predominantly residential area or a residentially zoned
area to be equipped with mufflers; requirements for the muffler;
and penalty.
This section
is new; therefore, strike-throughs and
underscoring have been omitted.