Posted on 11/05/2002 7:34:37 AM PST by H8DEMS
(CNSNews.com) - A national organization devoted to fighting noise pollution has taken its battle to the streets, to combat loud exhaust systems installed in cars after they are sold.
Noise Free America spokesman Mark Huber says the manufacturers of hot rod mufflers are selling a product that is "lawlessly terrorizing" neighborhoods across America.
The Richmond, Va.-based group insists that noise pollution is a serious health hazard. It mentions hearing damage, sleep deprivation, aggression, chronic fatigue and high blood pressure as specific maladies stemming from our noisy world.
Noise Free America recently awarded Flowmaster, Inc., a manufacturer of high- performance, after-market mufflers and exhaust systems, with its Noisy Dozen award, an "honor" given to the nation's worst noise polluters.
According to Huber, Flowmaster was singled out for aggressively marketing products that bother people and are even illegal in some states. He said Flowmaster and other companies that distribute the noisy mufflers systems specifically boast about the "deep aggressive tone" or "deep throaty rumble" that their products produce.
A diverse cross-section of teens and twenty-somethings are installing the equipment that sells for thousands of dollars.
An article in Flowmaster's customer magazine, Power Press, acknowledges that there's a strong demand for loud exhaust systems: "Market surveys continually show...that many buyers purchase a Flowmaster system because of its unique and distinctive sound."
But Huber said he sees nothing desirable in Flowmaster's product line.
"For some reason, both fans of after-market exhausts and 'boom cars' seem to be obsessed with the lower frequency noises, which can disturb more people at a greater distance in all directions from their vehicle," he said. "Sounds of a lower pitch or frequency travel further and penetrate solids, such as windows and exterior walls of homes more easily than sounds of a higher pitch."
Illegal equipment
According to Huber, it is completely legal for manufacturers such as Flowmaster to market and sell their exhaust systems. However, he said, as soon as the car owner installs the equipment and hits the road, that car owner could be breaking the law.
Huber said approximately 40 states prohibit the modification of exhaust systems contrary to factory specifications. Virginia is one such state, he said.
Virginia's State Code (Sec. 46.2-1049) specifically states, "No person shall drive and no owner of a motor vehicle shall permit or allow the operation of any vehicle on a highway unless it is equipped with an exhaust system of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment, in good working order and in constant operation to prevent excessive or unusual noise."
But he said local and state police are lax in their enforcement of the state code in cases where vehicles equipped with noisy after-market exhaust systems are clearly in violation of the law.
Contrary to Huber's observation, Virginia State Police spokesman Sergeant Morris said the law enforcement officers statewide are cracking down on illegally installed exhaust systems; it's just that some counties don't enforce the law as strictly as others, he said.
"Different people have different things that they go after, fortunately or unfortunately," Morris said. "They have some police officers in Chesterfield County who are sticklers for those mufflers."
He said Chesterfield County's local police force writes a lot of tickets for vehicles with noisy mufflers because the devices are not standard factory equipment, nor are they compatible with standard factory equipment, as state code mandates.
However, Morris said judges in Virginia's county court system often rule against officers who issued tickets for noise violations. "Some will convict, some won't," he said.
Assault on freedom
Huber believes that people who purchase noisy mufflers see them as "some sort of extension of their personality that they want to share with the whole world."
"That's where the line is crossed," he said. "That's where they take away my freedom and they rob quiet off of my property and out of my personal space."
Aside from being a threat to public safety and an assault on the quality of life, Huber believes the tailpipe rumblings also affect the property values of homes within earshot of the hot rods.
He pointed to studies showing that homes located near airports lose almost two percent of their property value per decibel level emitted by jumbo jets. Similarly, he said, owners of vehicles that produce "aggressive, muscle car sound" may decrease the value of homes.
Noise Free America takes a grassroots approach to noise pollution. It lobbies politicians, even supplying model legislation, to address what it perceives as a health problem.
Flowmaster defends its products
"We have been in the business for over 20 years - and not by advocating that people break the law," said a Flowmaster spokesman who refused to identify himself to CNSNews.com . "That's why we make off-road products and products for street and emission vehicles as well."
According to the Flowmaster spokesman, the company designs exhaust systems for "race cars" based on the good-faith assumption that they will be installed on track-based race cars - not open-road passenger vehicles.
However, he said, "People, when they buy their cars and trucks, are free to do whatever they want, to a point. They go beyond that, oftentimes, and get in trouble."
Did those two cards sound stock as well?
Hear, hear!
And I agree with you on the ease of use of a regular carb engine. I could work reasonably well on my old '81 Mustang. But my '89 and '95 I usually have to take it to my mechanic with the computer equip with a lot of the problems. I'm having to deal with a new chip now. Can't get one to match right with the new system. We've gone through two different companies and have yet to find one that fits the exact setup of the new engine
Ah, I guess mr. rice-boy didn't have the right stickers on his car. You know those stickers can add an extra 40-70 horsepower. At least that's what the boys over Super Street (home of the 4 cyl wanna bes) seem to think
In California, governor Gray Davis changed the law at the bequest of SEMA's lawyers and lobbyists.
Did you see that? He was lobbied and the law was changed legally. Unlike some of you thugs that have posted on this thread threatening the lives of their neighbors just because you don't like a certain noise
Only at idle. Just like my current project car, they go from a low rumpety-rumpety to full throughted roar when you mash down hard on the go peddle. At part throttle on the highway, they were both still quiter than your average semi or un-corked Harley.
Governor Davis didn't change the law - he doesn't have the authority. Thats the job of the legislature.
Look under history. Can you believe it? Oh, the horrors < /sarcasm>
Existing law requires the Commissioner of the California Highway Patrol to adopt regulations providing that exhaust systems comply with statutory noise restrictions if they are installed on motor vehicles, other than motorcycles and new motor vehicles, with a gross vehicular weight of less than 6,000 pounds and emit no more than 95 dbA.
Hmmmm, I don't see 86 dbA anywhere on that bill. Maybe you have a special version the rest of us don't?
I don't see 86 dbA anywhere on that bill. Maybe you have a special version the rest of us don't?
Read further down. In Section 27150.2 (as amended), you'll see:
... no more than 95 dbA when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998"
That's the "20 inches" I was talking about. SB 1420 doesn't nullify the "50 feet from the centerline" limits I quoted from Sections 27200 thru 27207 of the California Vehicle Code - those still stand.
If you (and Quietamerican for that matter) had a better understanding of the law, you'd both realize SB1420 isn't giving in to pro-noise pressure groups - it strengthens current law by providing specifications for noise testing at California inspection stations. For too long, California has endured a situation where, as CHP 98-100 so aptly states, "Accurately determining compliance with Sections 27201-27206 VC for enforcement purposes is generally impractical." SB1420 addresses that problem.
And, by the way, 95dbA at 20 inches equates to approximately 80 dbA at 50 feet. So there!
From their website
Washington, D.C. (August 7, 2001) -California Governor Gray Davis signed into law SEMA-sponsored legislation to compel law enforcement officials to tie exhaust system noise citations to a 95-decibel limit under SAE test procedure J1169. The bill was initiated to help motorists who drive vehicles legally equipped with modified exhaust systems from being erroneously cited for exceeding noise limits.
The law also makes clear that aftermarket modified exhaust systems are legal if they comply with the standard.
SEMA initially fought for a process requiring law enforcement authorities to ";objectively demonstrate"; (i.e., perform a test) that a modified motor vehicle exhaust system did not comply with the noise level test standard before issuing a citation.
However, California's budget crunch brought on by the energy crisis precluded consideration of the original bill.
The law still allows officers to issue citations based on a subjective determination that the exhaust system exceeds the 95-decibel limit. This provision remains a bone of contention, and SEMA is working with the California Highway Patrol and others on solutions.
Under the new law, a court may dismiss a citation if it is shown that the exhaust system complies with the 95-decibel limit, and the owner had reasonable grounds to believe that the system was in good working order.
SEMA Director of Government Affairs Steve McDonald said, "This bill is an essential first step. It helps protect those motorists who drive vehicles legally equipped with modified exhaust systems from being erroneously cited for exceeding noise limits.
"Many of these citations are being written when there is no violation of the code and without regard to the practical intent of the law. The enforcement policy currently used by police officers considers nearly all exhaust system modifications to be in violation, even where the noise levels are not excessive or unusual. This policy leaves exhaust system manufacturers, dealers and their customers without recourse."
Aftermarket exhaust systems are preferred by motorists who modify their vehicles for durability, appearance and performance. If the exhaust has a more efficient exit route, more power can be attained without increasing pollution.
This is especially critical for maneuvers such as passing, going uphill or merging onto a highway for vehicles with slow acceleration. Many aftermarket mufflers are made from stainless steel for improved durability and offer a show car quality to a vehicle's appearance.
SEMA represents the $24.86 billion specialty automotive industry. The trade association is composed of more than 4,600 member companies, and is the authoritative source of research data, trends and market growth information for automakers and the specialty auto products industry. The industry provides appearance, performance, safety, comfort, convenience and technology products for passenger cars, minivans, pickups, SUVs and recreational vehicles. It's a specialty market as old as the automobile and as new as cutting-edge technology. For more information, please contact SEMA at 1575 S. Valley Vista Dr., Diamond Bar, CA 91765; call 909/396-0289; or visit www.sema.org or www.enjoythedrive.com.
Sorry but the new bill sets the limits at 95 db for testing levels. Secondly did you notice that this is a 25 billion dollar business? Wonder how they can make 25 billion dollars if no one except a scant few are buying?
Well I don't know about Quietamerican's understanding of the law, he seems like a nice enough person, but my understanding and the reason for the law was to get the enviromentalists and pantywaists off the backs of decent Californians who like to modify their cars for whatever reason. If there's no standard, cops judges like the ones that sit on the 9th Circuit that have no understanding of the word 'freedom' could railroad a decent taxpayer straight under the jail. Now that there are standards, these wackos can't attack decent people for additions to their own vehicles
And this mean what, exactly? Did I say anything about SEMA?
If you think SB1420 means there'll be fewer tickets for noise, then you haven't thought this though far enough. The inspection standards specified in SB1420 directly address the excuse police have been using for years, which is that enforcement isn't practical given the law as written. With SB1420, police can now cite violators without having to worry about showing up in court over it. Whether a vehicle is in violation can now be determined by a certified inspector, rather than the courts.
Demand for enforcement isn't going away, my friend. You're going to see more noise tickets now, not less, because SB1420 makes them easier to issue. And those in deliberate violation of CVC 27150 are now more vulnerable than ever. This is something the anti-noise faction can really run with. If that makes SEMA happy, fine by me. I couldn't care less what SEMA's position is, as long as the legal system has what it needs to enforce the law instead of ignoring violations.
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