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  1. #1
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    Loud pipes & the Law.


    the relevant laws: us code title 40 chapter 1 covers everthing you need to know.

    section 168 defines the requirements of testing for aftermarket exhaust systems.
    http://edocket.access.gpo.gov/cfr_20...r205.168-1.htm

    it is the manufacturers requirement to meet epa standards BEFORE selling them in the US markets.

    follow this up with us code title 42 section 4905
    (d) Warranty by manufacturer of conformity of product with regulations; transfer of cost obligation from manufacturer to dealer prohibited
    (1) On and after the effective date of any regulation prescribed under subsection (a) or (b) of this section, the manufacturer of each new product to which such regulation applies shall warrant to the ultimate purchaser and each subsequent purchaser that such product is designed, built, and equipped so as to conform at the time of sale with such regulation.



    when combined with
    (e) State and local regulations

    (1) No State or political subdivision thereof may adopt or enforce—
    (A) with respect to any new product for which a regulation has been prescribed by the Administrator under this section, any law or regulation which sets a limit on noise emissions from such new product and which is not identical to such regulation of the Administrator; or
    (B) with respect to any component incorporated into such new product by the manufacturer of such product, any law or regulation setting a limit on noise emissions from such component when so incorporated.


    It effectively states that the manufacture of the exhaust is liable for meeting epa regulations and that they must warrant their product as such and are responsible for all claims against those warranties.




    in a nutshell if they are sold by a US manufacturer in the US then the manufacturer is either breaking the law and liable for all claims against the product. or has complied with the regulations and any state/locality claiming otherwise is violating federal law.


    can we all move on now.




    Last edited by slozomby; 08-08-2011 at 04:44 PM.

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  3. #2
    M-J Lifetime Achievement Award
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    Quote Originally Posted by slozomby View Post
    [can we all move on now.
    Probably not......because some folks don't really CARE what the law IS.......and you seem to have missed the most important part, which popped up right at the top of the document in the link that you provided:

    "(1) Must label each exhaust system in accordance with the
    requirements of Sec. 205.169 of this subpart; and
    (2) Must only manufacture exhaust systems which conform to the
    applicable noise emission standard established in Sec. 205.166 of this
    regulation when installed on any Federally regulated motorcycle for
    which it has been designed and marketed."

    Thank you for providing the reference.

  4. #3
    Handlebar Consultant
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    ..........Did you hear that??.............. It.......Sounds........Like........... You just unleashed the gates of HELL!!!!!!!!!!!!!!
    I have a feeling one of the devils trolls will be stopping by soon....

  5. #4
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    Quote Originally Posted by Easy Rider View Post
    Probably not......because some folks don't really CARE what the law IS.......and you seem to have missed the most important part, which popped up right at the top of the document in the link that you provided:

    "(1) Must label each exhaust system in accordance with the
    requirements of Sec. 205.169 of this subpart; and
    (2) Must only manufacture exhaust systems which conform to the
    applicable noise emission standard established in Sec. 205.166 of this
    regulation when installed on any Federally regulated motorcycle for
    which it has been designed and marketed."

    Thank you for providing the reference.
    actually i didnt. either the pipes are approved by the epa and legal to sell. in which case state law means nothing and filing in federal court will get your state ticket dismissed ( as federal highway funding is partially dependent on being consistant w/ federal law).
    or the pipes are not approved by the epa and illegal to sell. in which case you can recoupe the cost of the pipes and any tickets from the manufacturer.

    i find it hard to believe that cobra or vance and hines would still be in business if they were openly ignoring the epa that way.

    pipes marketed as "for competition" or " for off highway" use only follow a different set of guidelines. but must be clearly labeled as such.

    in finality: it doesnt matter to the end user if the pipes are legal or not. as the federal law absolves the end user from liability when using manufactured pipes unless the end user modifies them after the sale.
    Last edited by slozomby; 08-08-2011 at 07:51 PM.

  6. #5
    Clunked into first gear
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    your gunna make easy have another stroke over this.

    btw, i herd this loud annoying thing coming down the road, i immediately thought of easy, it was a vespa with no pipes, nada. how do i know? its a new kid in town..thought its funny to straight pipe a moped..... fml.
    so there you have it, loud pipes are not only on motorcycles, but moped too!


    Sent from my DROIDX using Tapatalk

  7. #6
    Just Won't Go Away !
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    Three things to remember:

    1- These federal laws apply ONLY to aftermarket exhaust systems carrying the EPA stamp that they meet EPA standard, and they do no apply to any aftermarket exhaust that is marked for off road or competition use, or those gray-market ones with no stamp at all. Choose carefully when buying, as unless the description specifically says the system is EPA approved, it quite possibly isn't. The law only absolves the end user of liability if the pipes are stamped as EPA approved when they in fact are not. If there is no stamp, then the end user is 100% responsible for using a system on the road that is not approved for road use. Ask before you buy, and check the pipes for the appropriate stampings.

    2- You can not appeal a ticket to a federal court, and in most states you can not even appeal petty violations to the state appellate court. You would file suit in the state's supreme court challenging the constitutionality of the state law, and then that decision would have to be appealed to a federal court and ultimately the supreme court. The law could be struck down at any step of the process, but it is unlikely; here in GA people tried for about 25 years to use that route to strike down the rather funky helmet law here, which did not accept the federal DOT sticker as proof of a street-legal helmet but rather said you could only use a helmet approved by the state of GA while riding inside GA. The courts repeatedly ruled that the state had the right to create their own laws and standards that applied within that state, and ultimately refused to hear any more challenges to the law. This proves that...

    3- You are completely wrong when you surmise that the federal EPA standards trump the state's individual laws. The states DO have the right to pass their own laws pertaining to emissions and noise standards: the EPA standards are a MINIMUM, and states can be stricter if they choose. So just because the exhaust has the EPA stamp does not mean it will keep you out of trouble everywhere. The perfect example is California, which has had tougher noise and emissions standards than the EPA dating back to day one when the EPA was formed in 1979. So for 33 years certain brand new, stock bikes with a FACTORY exhaust system with the EPA stamp did not meet California standards, leading to many manufacturers selling "49 state" versions and "California only" versions of their models. Others used the higher California-only standards and equipment across the whole country, thus greatly exceeding the EPA standards. If you bought a 49 state version of a model with a California version, you often have to replace the exhaust and/or fit additional equipment to make it meet the California standards before you could title and register it in California. In addition, state and local noise laws have nothing to do with the EPA stamp, they simply have a threshold level for noise, and if your bike is louder than that you get the ticket, so matter what exhaust you have on the bike.

    So the lesson is to stick to an exhaust that has the EPA stamp, and don't live in California LOL!
    Last edited by DrBob; 08-09-2011 at 02:32 AM.
    You MUST obey the pug dog!


  8. #7
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    the helmet laws are a different scenario. as there is no federal law that deals with helmet mandates only the DOT's approval process as a suggested standard. but it is not federally required to be adopted. title 42 explicitly states state law must MATCH federal law for noise and emissions standards. the wording is very clear "which is not identical to such regulation of the Administrator"
    California gets around this by regulating other components (intake, fuel/air mapping, timing alteration, o2 sensors) which is why cobra and dynojet make CA only models. and the only carb warnings against v&h are for 09 models lacking 02 sensors. the recently passed sb435 states it must display the epa sticker.

    title 40 section 205.164
    supbart E

    (1) Meets the definition of the term ``new product'' in the Act; and (2) Is designed and marketed for use on any motorcycle subject to the provisions of subpart D of this part.


    (14) Ultimate purchaser means the first person who in good faith purchases a product for purposes other than resale. (15) New product means (i) a product the equitable or legal title of which has never been transferred to an ultimate purchaser, or (ii) a product which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 6 or 8 which would have been applicable to such product had it been manufactured in the United States.
    since the section further goes on to separate competition exhaust and off road exhaust which must be marketed and labeled as such. everything else falls under the general guideline above.

    section 205.169 labeling


    (a) The manufacturer of any product (including the manufacturer of newly produced motorcycles) subject to this subpart must, at the time of manufacture, affix a permanent, legible label, or mark of the type and in the manner described below, containing the information provided below, to all such exhaust systems or exhaust system components to be distributed in commerce. (b) The labels or marks shall be affixed in such a manner that they cannot be removed without destroying or defacing them, and must not be applied to any part which is easily detached from such product. (c) The label or mark shall be in a readily visible position when the exhaust system or exhaust system component is installed on all motorcycles for which it is designed and marketed. (d) All required language shall be lettered in the English language in block letters and numerals in a color that contrasts with its background. (e) The label or mark must contain the following information: (1) For exhaust systems subject to the noise emission standards of Sec. 205.166: (i) The label heading: Motorcycle Exhaust System Noise Emission Control Information; (ii)(A) For original equipment and replacement exhaust system, the following statement: This (manufacturer's name) exhaust system (serial number) meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system on motorcycle models not specified may violate Federal law.the 2 define the requirements as being the obligation of the manufacturer. not the end user. and also define the marketing of pipes as the designator for their classification as general, competition and offroad. if they are marketed as general purpose the manufacturer is responsible meeting epa regulations.

    it is done this way as the end user is often not familiar enough with the law to verify. it is illegal to sell pipes that do not meet these requirements.

    and back to the law that started all of this. title 42 section 4905

    (d) Warranty by manufacturer of conformity of product with regulations; transfer of cost obligation from manufacturer to dealer prohibited(1) On and after the effective date of any regulation prescribed under subsection (a) or (b) of this section, the manufacturer of each new product to which such regulation applies shall warrant to the ultimate purchaser and each subsequent purchaser that such product is designed, built, and equipped so as to conform at the time of sale with such regulation.

    that date was jan1 1983.


    California requirements for the epa sticker "This section is applicable to a person operating a motorcycle that is manufactured on or after January 1, 2013, or a motorcycle with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013."
    its is also only ticketable as a secondary infraction.

    the official epa requirement is 80db for all bikes produced after 1986.


    and just so we're perfectly clear. the stock pipes on my m50 violate 169d as the lettering does not contrast w/ the background. and i'd be willing to bet the stock pipes on whatever bike you ride do as well.



    so in conclusion
    1. all pipes are subject to 40crf205. and its the manufactures responsibility to comply. however the stock m50 pipes violate the letter of the law. and i'd be willing to bet whatever your riding violates that as well.
    2a thanks for the correction on the procedure. however the example is not relevant.
    3. lawyers making much more than me will sort out the legality of state law vs federal law. federal law is very specific saying the state has no rights for on road vehicles as far as exhaust noise and pollutant levels are concerned except that it passes enforcement of the epa rules to the states. however states such as california will jockey the system by regulating other parts of the bike. dirt bikes are also covered by the epa regulation. however competition bikes are regulated by the individual states. more states are passing laws that require the epa guidelines be met.
    4. 80db is ridiculous. considering lawn mowers are regulated to 75.


    2b georgia appears to be on the standard DOT system for helmets. as of 1993
    Rules and Regulations: DEPARTMENT OF PUBLIC SAFETY/SPECIFICATIONS FOR PROTECTIVE HEADGEAR FOR VEHICULAR USERS

    http://rules.sos.state.ga.us/docs/570/13/01.pdf
    "Future reference to standards as for specifications, statue or regulations will be
    the current version of the United States Department of Transportation, National Highway
    Traffic Safety, Federal Motor Vehicle Safety Standards; Motorcycle Helmets."
    Last edited by slozomby; 08-09-2011 at 04:51 AM.

  9. #8
    Clunked into first gear
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    slo, are u a lawyer, if so id hire yea next time i get a loud pipe ticket

    Sent from my DROIDX using Tapatalk

  10. #9
    Want's A New Title
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    Thanks for clearly spelling it out DrBob. As usual your information is spot on.

  11. #10
    Beer. Nature's Unstoppable Force.

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    Very good info Slo.

  12. #11
    Beer. Nature's Unstoppable Force.

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    To boil it all down to its basics. We have:

    Off Road.

    Marked and allowed.

    Unmarked, therefore unapproved.

    In it's simplest forms correct?

  13. #12
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    the simple breakdown is
    general
    a) marked - completely safe
    b unmarked - you can fight or at least sue people
    offroad - same options
    competition - see local ordinances.

  14. #13
    Just Won't Go Away !
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    Actually, GA only modified their helmet law to accept the DOT sticker effective this year, after almost 20 years of us motorcycle owners fighting the old law as being completely ridiculous. The original law dated to 1993, and said you could only use a helmet approved by the state of GA; years of lobbying were unable to get the helmet law repealed, but finally convinced the state legislature that simplifying the law to accept DOT helmets was easier to understand, easier to enforce, and ultimately created more revenue because police officers are now able to make a simple visual check for proper equipment. I would have greatly prefered to simply repeal the helmet law, but am content with a helmet law you can actually comply with.
    You MUST obey the pug dog!


  15. #14
    Beer. Nature's Unstoppable Force.

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    I made this a sticky. Great work.

  16. #15
    Beer. Nature's Unstoppable Force.

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    Quote Originally Posted by article
    The writing is on the wall. In fact, the writing has been in a Federal Environmental Protection Agency (EPA) order since 1983: “No on-road motorcycle shall produce noise in excess of 83 decibels.” It hasn’t been an issue thus far, but it won’t be long before authorities start cracking down and enforcing the law.

    While every other aftermarket exhaust manufacturer is labeling its pipes “For Competition Use Only” to skirt the law and transfer responsibility to the buyer, Yoshimura has come out with a line of emissions-compliant pipes that bear the EPA’s seal of approval.

    Making the slip-ons comply required hours of R&D plus a stack of cash to get each application approved, but it’s just the sort of thing we expect from an industry leader like Yoshimura. Available in various stainless-steel, titanium and/or carbon-fiber combinations to fit most late-model sportbikes and even the BMW R1200GS, Yosh’s race-inspired slip-ons meet the 83dB sound rating while reducing weight and increasing power at the same time.

    Read more: 2011 Motorcycle of the Year | Best New Product - Motorcyclist magazine

    The article is above, but here's the link.

    2011 Motorcycle of the Year | Best New Product - Motorcyclist magazine


 

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