Present law prohibits a person from driving a motor vehicle on a road, street or highway unless the motor vehicle is equipped with a muffler in good working order and in constant operation to prevent the following:
(1) Excessive or unusual noise; and
(2) Annoying smoke.
Present law provides that a violation is a Class C misdemeanor.
This bill clarifies that demonstrating that a muffler is not in good working order can be established by showing that the muffler either produces excessive or unusual noise, or produces annoying smoke.
ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 434, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Clarifies that this bill does not apply to farm tractors or implements of husbandry;
(2) Clarifies that "excessive or unusual noise" includes motor noise emitted by a motor vehicle, other than a motorcycle, that is noticeably louder than a similar vehicle in the environment and a sound pressure level in excess of 95 decibels; and
(3) Provides that it is a defense to prosecution regarding excessive or unusual noise if the person provides satisfactory evidence that the vehicle's muffler does not emit noise in excess of 95 decibels.

Statutes affected:
Introduced: 55-9-202(a), 55-9-202