Bill Text: MI HB5726 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; civil infraction procedures; noise decibel levels from a motor vehicle; regulate, and increase penalties for noncompliance. Amends secs. 707a, 707c & 707d of 1949 PA 300 (MCL 257.707a et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-09 - Printed Bill Filed 08/28/2014 [HB5726 Detail]
Download: Michigan-2013-HB5726-Introduced.html
HOUSE BILL No. 5726
August 27, 2014, Introduced by Rep. Geiss and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 707a, 707c, and 707d (MCL 257.707a, 257.707c,
and 257.707d).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 707a. As used in sections 707a to 707e:
(a) "Decibel" means a unit of sound level on a logarithmic
scale measured relative to the threshold of audible sound by the
human ear, in compliance with American national standards institute
standard S 1.1-1960.
(b) "Decibels on the a-weighted network" or "DBA" means
decibels measured on the a-weighted network of a sound level meter,
as specified in American national standards institute standard S
1.4-1971.
(c) "Fast meter response" means the meter ballistics of meter
dynamic characteristics as specified by American national standard
S 1.4-1971.
(d) "Maximum noise" means the noise emitted from a vehicle
during that manner of operation which causes the highest DBA level
possible from that vehicle.
(e) "Muffler" means a device for abating the sound of escaping
gases of an internal combustion engine.
(f) "Exhaust system" means the system comprised of a
combination of components which provides for enclosed flow of
exhaust gas from engine parts to the atmosphere.
(g) "Noise" means any sound.
(h) "Total noise" means noises radiating from a vehicle but
does not include noises emitted from a horn, siren, bell or other
similar device of an authorized emergency vehicle.
(i) "Gross vehicle weight rating" means the value specified by
the manufacturer as the loaded weight of a vehicle.
(j) "Combination vehicle" means any combination of truck,
truck tractor, trailer, semi-trailer or pole trailer used upon the
highways or streets in the transportation of passengers or
property.
(k) "Motor vehicle repair facility" means that term as defined
in section 2 of the motor vehicle service and repair act, 1974 PA
300, MCL 257.1302.
(l) "OEM stock decibel levels" means the decibel levels
produced by an exhaust system as designed and built by the original
equipment manufacturer.
Sec. 707c. (1) After April 1, 1978, a A motor
vehicle shall
not be operated or driven on a highway or street if the motor
vehicle produces total noise exceeding 1 of the following limits at
a distance of 50 feet except as provided in subdivisions (b)(iii) and
(c)(iii):
(a) A motor vehicle with a gross weight or gross vehicle
weight rating of 8,500 pounds or more, combination vehicle with
gross weight or gross vehicle weight ratings of 8,500 pounds or
more.:
(i) Ninety DBA if the maximum lawful speed on the highway or
street is greater than 35 miles per hour.
(ii) Eighty-six DBA if the maximum lawful speed on the highway
or street is not more than 35 miles per hour.
(iii) Eighty-eight DBA under stationary run-up test.
(b) A motorcycle or a moped:
(i) Eighty-six DBA if the maximum lawful speed on the highway
or street is greater than 35 miles per hour.
(ii) Eighty-two DBA if the maximum lawful speed on the highway
or street is not more than 35 miles per hour.
(iii) Ninety-five DBA under stationary run-up test at 75 inches.
(c) A motor vehicle or a combination of vehicles towed by a
motor vehicle not covered in subdivision (a) or (b):
(i) Eighty-two DBA if the maximum lawful speed on the highway
or street is greater than 35 miles per hour.
(ii) Seventy-six DBA if the maximum lawful speed on the highway
or street is not more than 35 miles per hour.
(iii) Ninety-five DBA under stationary run-up test 20 inches
from the end of the tailpipe.
(2) A dealer shall not sell or offer for sale for use upon a
street
or highway in this state a new motor vehicle manufactured
after
April 1, 1978, which that produces a maximum noise exceeding
the following limits:
(a) A motor vehicle with a gross vehicle weight rating of
8,500 pounds or more—83 DBA.
(b) A motorcycle or a moped—83 DBA.
(c) A motor vehicle not covered in subdivision (a) or (b)—80
DBA.
(3) A person shall not operate a vehicle on a highway or
street
if the vehicle has a defect in the exhaust system which that
affects sound reduction, is not equipped with a muffler or other
noise dissipative device, or is equipped with a cutout, bypass,
amplifier, or a similar device.
(4) A person, either acting for himself or herself or as the
agent or employee of another, shall not sell, install, or replace a
muffler or exhaust part that causes the motor vehicle to which the
muffler or exhaust part is attached to exceed the noise limits
established by this act or a rule promulgated under this act.
(5) A person shall not modify, repair, replace, or remove a
part of an exhaust system causing the motor vehicle to which the
system is attached to produce noise in excess of the levels
established by this act, or operate a motor vehicle so altered on a
street or highway.
(6) A dealer shall not sell a used or secondhand motor vehicle
for
use upon a street or highway which that is not in compliance
with this act.
(7) A motor vehicle repair facility shall not modify an
exhaust system causing the motor vehicle to which the system is
attached to produce noise in excess of OEM stock decibel levels.
Sec. 707d. (1) A person who violates section 707c(2), (4), or
(6) is guilty of a misdemeanor punishable by a fine of $100.00.
(2)
A person who violates section 707b or 707c(1), (3), or
(5), or (7) is responsible for a civil infraction. A person who
violates section 707c(7) shall pay a civil fine of $10,000.00 for
each violation.
(3) A person who, at the time of installation, knowingly
installs a muffler or exhaust system which exceeds the decibel
limits of this act shall be liable to the person who receives a
citation for violation of 707c for the amount of not less than
$100.00, plus reasonable attorney fees and court costs.
(4) If it is shown that the noise level of a motor vehicle is
in excess of the DBA levels established in this act, that evidence
shall be prima facie evidence that the motor vehicle was producing
excessive noise in violation of this act.
(5) A violation of section 707c(4) or (6) by a dealer licensed
under this act is prima facie evidence of a fraudulent act under
section 249.
