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Old 05-05-2008, 10:46 PM   #25
Little G
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I read this as two separate clauses to the law:

current NJ law:
N.J. Stat. @ 39:3-70 (2002) [Mufflers]

[CLAUSE 1]

Every motor vehicle having a combustion motor shall at all times be equipped with a [muffler] in good working order and in constant operation to prevent [excessive or unusual noise and] annoying smoke,

AND

[CLAUSE 2]

NO PERSON SHALL 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 SHALL NOT BE A VIOLATION OF THIS SUBSECTION UNLESS PROVEN BY PROPER AUTHORITIES THAT THE EXHAUST SYTEM MODIFICATION RESULTS IN NOISE AMPLIFICATION IN EXCESS OF NINETY-FIVE DECIBELS UNDER THE PRESCRIBED SAE TEST STANDARD.

A COURT MAY DISMISS ANY ACTION FOR WHICH A PERSON IS PROSECUTED FOR OPERATING A VEHICLE IN VIOLATION OF THIS SUBSECTION IF IT IS FOUND THAT THE DEFENDANT HAD REASONABLE GROUNDS TO BELIEVE THAT THE VEHICLE WAS NOT OPERATED IN VIOLATION OF THIS SUBSECTION.

[and] n No person shall use a [muffler] cut-out, bypass or similar device upon a motor vehicle on a highway.


Therefore, if either clause 1, which is admittedly subjective in nature, or clause 2 is satisfied, then the law has been broken.

On a side note, if you're rolling around at 2am in the morning with a loud Camaro, you're kind of asking for it.

Please don't misconstrue my response as a flame or a defense for police or anything. Many on this board (especially Tru2Chevy) can tell you my general disdain for law enfocement. I'm just looking at the law through my legal eyes.

g
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