H. B. 2127
(By Delegates Howell, Canterbury, A. Evans, Householder,
Moore, E. Nelson, Staggers and Storch)
[Introduced February 13, 2013; referred to the
Committee on Roads and Transportation then the
A BILL to amend and reenact §17C-15-34 of the Code of West
Virginia, 1931, as amended, relating to motor vehicle
equipment; prohibiting the modification of mufflers resulting
in excessive noise levels; and providing an exception.
Be it enacted by the Legislature of West Virginia:
That §17C-15-34 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-34. Mufflers; prevention of noise, fumes and smoke;
(a) Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation to prevent
excessive or unusual noise.
Such The muffler shall be the muffler
originally installed by the manufacturer of the vehicle or, if a
replacement, the equivalent thereof. No A person shall may not use
a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.
(b) The engine and power mechanism of every motor vehicle
shall be so equipped and adjusted as to prevent the escape of
excessive fumes or smoke.
(c) A person may not modify the exhaust system of a motor
vehicle in a manner so that the exhaust system emits in excess of
ninety-five decibels as measured by the Society of Automotive
Engineers (SAE) Standard J1169 (May 1998). It is not a violation of
this section, unless proven by proper authorities, that the exhaust
system modification results in noise amplification in excess of
ninety-five decibels under the prescribed SAE test standard.
_______________(d) A court may dismiss any action for which a person is
prosecuted for operating a vehicle in violation of subsection (c)
of this section if it is found that the defendant had reasonable
grounds to believe that the vehicle was not operated in violation
of this section.
_______________NOTE: The purpose of this bill is to prohibit the modification
of mufflers resulting in excessive noise levels. The bill also
provides an exception.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would