Legal Question in Consumer Law in Idaho

automotive exhaust noise

there is a written ordinance that states that no alteration of an exhaust system may be done that would increase the noise level behond that originally installed on the car when it was new. I wonder if this type of ordinance has been challenged. there are many manufactures of high performance mufflers that do change the DB noise level but are in compliance in cities that have a noise ordinance that requires a car to be under a specified noise level set by the city or State. My business is in selling performance mufflers. I would be out of business if the mufflers are illegal.


Asked on 12/10/02, 12:49 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: automotive exhaust noise

I do not know if the specific ordinance has been challenged. However, generally, courts defer to city ordinances if there is any "reasonable public purpose being served." In this case a city may reasonably regulate noise for the public good, and such ordinances are enforceable.

As you know there are many manufacturers who make and sell mufflers which are louder than stock mufflers. The police generally will enforce the ordinances only when the mufflers are really loud, or as secondary violations (after issuing a citation for some other reason.)

It is not illegal to manufacture or sell loud mufflers, only for the owner to use them on a vehicle on a public street. If your mufflers are too loud sell them as off road or racing only equipment - or list some other form of disclaimer on the package. If your customers choose to use them on the road they are responsible, not you.

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Answered on 12/10/02, 10:18 am


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