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Ontario Highway Traffic Act

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Ontario Highway Traffic Act Section 75 (1)
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PostPosted: Thu Jun 25, 2009 3:26 am 
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Joined: Thu Jun 25, 2009 2:49 am
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I just got a ticket today for "Improper Muffler" I don't understand how I could have gotten one because the officer said nothing about it being loud just that he performed a visual inspection of my muffler and he could see straight thru and I had no buffles. I know this means I'm gulity but he also said I have a silencer so isn't he contradicting himself? Correct me if I wrong but a silencer is a muffler/baffle that is in constant operation to prevent excessive or unusual noise.

This is what my muffler looks like but I have my silencer installed all the time including when he inspected my muffler.

http://www.rstype.com/proddetail.asp?id ... ddispID=42

What would I need to tell/show the judge to prove that my muffler is legal.

1st part of 75 (1)

a muffler in good working order - my muffler is in good working order

2nd part

a muffler in constant operation to prevent excessive or unusual noise and excessive smoke - My muffler has a silencer/baffle always installed for the reason to prevent excessive and unusual noise

3rd part

no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle - my muffler is not a cut out, it is a straight but has a baffle to prevent excessive and unusual noise, it's not gutted and is not a hollywood muffler

Also bring some papers signed by the shop that installed my muffler saying I have a baffle installed and maybe get some other shops to sign a paper saying that what I have installed is a baffled muffler


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PostPosted: Thu Jun 25, 2009 11:54 pm 
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Location: Toronto
Well it might be worth taking it to court, if you have paperwork from the shop. Best thing to do is to make a disclosure request to the Crown to see what's in the officer's notes. The thing that might be an issue is the "straight exhaust" portion, can't say for sure one way or the other how that might turn out. But see how it goes.


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