Author Topic: Just got a ticket with stock exhaust- any MNer's? or advice (Read 4715 times)

mikedialect · « **on:** September 27, 2007, 11:16:35 PM »

Hey all...

I was wondering if anyone out there had any experience in MN with exhaust violations on a bike. I was pulled over this evening and issued a ticket for 'loud exhaust' on my stock 350. It's absolutely ridiculous to me that you could possibly get a ticket on a 350 for "being as loud as a harley", but even more crazy that I was issued a ticket and told to 'fix' my mint 72 cb350.

Anyone have any advice?

toycollector10 · « **Reply #1 on:** September 28, 2007, 01:49:18 AM »

That's f*cked up dude. You will have to fight that one. If it was good enough to get past all the rules and regulation when it was first on the road it's good enough now. I would get a lawyer on to it, they don't like that!

andy750 · « **Reply #2 on:** September 28, 2007, 04:28:24 AM »

Forget the lawyer - he`ll only be interested in taking your money.

Do a bit of research yourself on how many decibels are allowed in MN and go from there. Is there even a state law? If so what are the limits? If your CB350 is stock and under decibel limit (easy to measure from 10ft, 20ft etc with a cheap meter) -then go to court and present your data - they really hate that because you cant hide from the facts!

cheers
Andy

333 · « **Reply #3 on:** September 28, 2007, 07:29:54 AM »

Take pictures of your restoration. Try to get one of the Honda markings on the exhaust. If you bought the exhaust recently, the receipt would be handy to help prove that it isn't defective and needs to be replaced. Even if it's not so recent, maybe pointing out the milage on the bike, both total and an estimation of miles on that exhaust, could go a long way to proving your case.

And defiantly leave the lawyer out of it!!

BobbyR · « **Reply #4 on:** September 28, 2007, 08:02:33 AM »

Check the law in Mn and see if you can request a depostion from the officer since you are pleading not guilty. If he is a dope he will either fail to write one and you will move for dismissal, or it will be so messed up he will not let describe how he determined you were too loud.
Your take is that this is a Vintage vehicle restored and maintained in original condition with the original unmodified exhaust system which conformed to all stste and local laws applicable at the time of manufacture. You can give the cop some wiggle room and suggest that he confused you with other bikes in the same vicinity.

dusterdude · « **Reply #5 on:** September 28, 2007, 08:08:18 AM »

did the cop have a decibel meter,if not you can beat it

sparty · « **Reply #6 on:** September 28, 2007, 09:33:39 AM »

Quote from: BobbyR on September 28, 2007, 08:02:33 AM

Check the law in Mn and see if you can request a depostion from the officer since you are pleading not guilty. If he is a dope he will either fail to write one and you will move for dismissal, or it will be so messed up he will not let describe how he determined you were too loud.
Your take is that this is a Vintage vehicle restored and maintained in original condition with the original unmodified exhaust system which conformed to all stste and local laws applicable at the time of manufacture. You can give the cop some wiggle room and suggest that he confused you with other bikes in the same vicinity.

Great advice Bobby. My wife is a lawyer and I ran this by her. You don't need a lawyer, unless you have a lawyer friend and they will help you for free.

Raul CB750K1 · « **Reply #7 on:** September 29, 2007, 01:11:44 AM »

Quote from: dusterdude on September 28, 2007, 08:08:18 AM

did the cop have a decibel meter,if not you can beat it

This is the key. Over here in Spain laws may be different, and the word of a law enforment officer is "presumed right", but only when it comes to things like you were passing on a straight line or talking on the cell phone while driving, or you had a blown light. For things like loud pipes, it's not their opinion what counts, but what a calibrated measuring device tell.

Furthermore, over here, when a vehicle is authorized to be sold because it complies with the driving regulations, if new and more strict regulations are enacted the old vehicles doesn't have to comply with them. Thus, if your CB350 complied with the regulations in the 1970's, it doesn't have to comply with today's regulations, be it sound, engine breather going to the air instead the airbox etc. For example, seat belts were not mandatory on the back seats until 15 years ago or so. Therefore, if your car was built before then, you can't be fined for not using the seatbelts -that you don't have in first place-

Raul

miles nowhere · « **Reply #8 on:** September 29, 2007, 10:55:35 AM »

The accountants and frat boys on harley's with pipes that shake the windows of my shop, don't seem to ever get stopped. I dont see why your stock 350 should.. What neighborhood were you in? that could have a lot to do with it... Ive found that usually MN cops will leave bikes alone if you're riding in full gear and not doing anything stupid..(knock on wood)

mikedialect · « **Reply #9 on:** September 29, 2007, 11:11:38 AM »

Quote from: miles nowhere on September 29, 2007, 10:55:35 AM

The accountants and frat boys on harley's with pipes that shake the windows of my shop, don't seem to ever get stopped. I dont see why your stock 350 should.. What neighborhood were you in? that could have a lot to do with it... Ive found that usually MN cops will leave bikes alone if you're riding in full gear and not doing anything stupid..(knock on wood)

I was on Hennepin in uptown leaving walgreens to get batteries for my camera so I could take pics of tearing down my 68 engine. I've never been pulled over on a bike before, but I assume that because it was 12 that they were hoping I had been drinking. I haven't had a drop in a years and he was probably disappointed.

There has been some damn good advice here so far. I made an appointment to meet with the hearing officer this next Thursday. I have a mountain of receipts and if they won't simply throw it out there I will be purchasing a decibel meter, calling my uncle with his harley and grabbing my video camera and doing decibel test runs down my block showing how impossible I exceeded a harley from 100 ft, 75 ft, 50 ft and 5 ft. I would much rather spend 40 bucks on a decibel meter than give the state $135 for some cop being bored. There are no emission laws on anything before 79 here and technically I could run sans pipes if i did not exceed 50 db.

miles nowhere · « **Reply #10 on:** September 29, 2007, 11:21:06 AM »

Quote

I assume that because it was 12 that they were hoping I had been drinking.

yup, that will do it.

techy5025 · « **Reply #11 on:** September 29, 2007, 02:46:03 PM »

When you use the DB meter to measure the level, make sure you use the right "weighting" scale as the results will vary with the scale used. 50 DB is below talking level. Most any bike will hit 80 or 90. Here is a link to a PDF chart that shows common sound levels. Remember, DB levels are logarithmic.

http://www.quietsolution.com/Noise_Levels.pdf

A motorcycle is listed at 102 db under some conditions not listed. Surprisingly, a full face helmet only reduces the sound level by 3-5 db....which is why I wear earplugs.

Jim

Topher · « **Reply #12 on:** September 29, 2007, 04:32:05 PM »

50db is very low, here in Oregon it's 90db (which is much more reasonable). I haven't been tagged yet, I just have an exhaust tip with no muffler. I was pulled over for a busted tail light, but it seemed to work when I stepped off the bike and the two of us were looking at it. It was then that he "remembered" that the yellow light I went through was actually red...sure.

andy750 · « **Reply #13 on:** September 29, 2007, 04:50:38 PM »

Im sure you could present ANY decibel readings to the court and they will accept them....its highly unlikely the will contest your data for a very minor traffic offense. In any case it will be your data which is not certified or regulated so its only good for the initial hearing i.e. to show you tried but if it went to court (and there is no way it would) they would require an experts Db readings..... I wouldnt go to that much trouble over it. As long as you have a few readings below the "limit" you will be fine.

Good luck,
Andy

mkramer1121 · « **Reply #14 on:** September 29, 2007, 06:47:14 PM »

Here's the law BTW:

http://home.ama-cycle.org/amaccess/laws/result.asp?state=MN

Its 80-90 @ 50ft

mikedialect · « **Reply #15 on:** September 29, 2007, 07:31:21 PM »

Quote from: mkramer1121 on September 29, 2007, 06:47:14 PM

Here's the law BTW:

http://home.ama-cycle.org/amaccess/laws/result.asp?state=MN

Its 80-90 @ 50ft

awesome. I must have misread it

mkramer1121 · « **Reply #16 on:** September 29, 2007, 09:49:14 PM »

Also, I'm thinking that the bike was made to conform to rules and regulations from when it was manufactured. If you can somehow prove the MN did not have db requirements prior to a certain date (just go look up when that was added to the law), you could get away w/ it.

mrblasty · « **Reply #17 on:** September 30, 2007, 08:19:13 AM »

If you end up buying the decibel meter and win the case, do me a favor, get the decibel reading of you kicking the cop in the nuts out in the parking lot.

mikedialect · « **Reply #18 on:** October 04, 2007, 08:13:32 AM »

Off to see the hearing officer!

heffay · « **Reply #19 on:** October 04, 2007, 08:42:51 AM »

good luck! but, i doubt you'll need it

mikedialect · « **Reply #20 on:** October 11, 2007, 08:34:46 AM »

case was dismissed this morning

I think sohc4.net might even be in the official deposition.

thanks guys!

BobbyR · « **Reply #21 on:** October 11, 2007, 08:37:31 AM »

Quote from: mikedialect on October 11, 2007, 08:34:46 AM

case was dismissed this morning I think sohc4.net might even be in the official deposition.

thanks guys!

Share with us what happened and what you did, it could come in handy for others who may be unfairly cited.

mikedialect · « **Reply #22 on:** October 11, 2007, 08:48:43 AM »

Quote from: BobbyR on October 11, 2007, 08:37:31 AM

Quote from: mikedialect on October 11, 2007, 08:34:46 AM
case was dismissed this morning I think sohc4.net might even be in the official deposition.

thanks guys!
Share with us what happened and what you did, it could come in handy for others who may be unfairly cited.

Basically, I brought in my stack of receipts from the restore, lots of quality pictures of the bike and the exhaust, the actual laws, print outs, video of my bike and a louder newer bike, a bunch of photos of all of the other bikes I have put back together, and most importantly a command of the English language (which was a problem that most everyone else who went before me had an issue with).

kslrr · « **Reply #23 on:** October 11, 2007, 09:29:47 AM »

Let's hear it for having a command of the English language. Good job!

dustyc · « **Reply #24 on:** October 11, 2007, 09:39:39 AM »

Quote from: kslrr on October 11, 2007, 09:29:47 AM

Let's hear it for having a command of the English language. Good job!

kslrr, you misspelled will in your signature and also fleet. -Sorry, I just had to bust your balls.

Good job Mike.

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Author Topic: Just got a ticket with stock exhaust- any MNer's? or advice (Read 4715 times)