Received ticket this evening - woould like opinions

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Offroaddaddy
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Received ticket this evening - woould like opinions

Unread post by Offroaddaddy on

Hello all, Never knew this site existed, but I suppose I did not have the motivation to look for it until this evening !

I drive a 1986 Jeep CJ7.

Officer pulled me over this evening in Mississauga, asked where my exhaust was. I explained it is a dual exhaust that exits from underneath the vehicle,after the transmission, but before the rear axle.

He gave me a ticket citing: Improper muffler, contrary to HTA, section 75(1).

His issue was where the exhaust exits, however the basis for this ticket and section referenced does not pertain to this at all?
He at no time "inspected" my exhaust, so I am not sure why he has it listed as "improper muffler" on the ticket and the description of 75 (1) that I found online does not apply to my setup/situation at all...


This is new to me, and would like some feedback. Thank you for your help and time.

Paul


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Simon Borys
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Unread post by Simon Borys on

I would request disclosure and review it before you speak with the prosecutor. From what you're describing, it sounds like there are no grounds for the charge. Where it exits is irrelevant. One thing I would ask though: is your muffler really loud? How was the officer's attention drawn to your vehicle?
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Unread post by Radar Identified on

Simon Borys wrote:One thing I would ask though: is your muffler really loud?
+1

That's about the only thing that I would think would draw the officer's attention. Otherwise, who cares where the exhaust exits? Doesn't seem to fit the charge...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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Offroaddaddy
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Unread post by Offroaddaddy on

Hello guys...

The jeep draws attention - it is a 1986 Jeep CJ7, army green on 37" tires, has a rumbly V8, but is no louder than any OEM V8 powered truck off a dealers lot.

I saw him in my rear view mirror do a uturn to follow me. He was in an unmarked, black cruiser. At the time I was not even on the throttle, as I was slowing to make a right hand turn onto my street. I was literally 50 yards from my home.

I've had this jeep for well over a decade,and have received numerous nods and thumbs up from cops...well that changed today.

Thanks for the feedback fellas.


Offroaddaddy
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Unread post by Offroaddaddy on

Here is 75 (1)

Noise, smoke, bells and horns

Muffler

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and 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. R.S.O. 1990, c. H.8, s. 75 (1).

My exhaust was installed by professionally operating shop about 3 years ago. This does not apply to me whatsoever.


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Unread post by hwybear on

HTA OReg 611, Schedule 1,
(10) (f) no exhaust system shall be shortened or modified from original equipment so as to fail to direct the exhaust beyond the underbody of the occupant compartment or luggage compartment, and in no case shall the distance between the outlet and periphery of the underbody, past which it directs the exhaust, exceed 15 centimetres.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Offroaddaddy
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Unread post by Offroaddaddy on

thx for the reply.

So there is a section of the HTA that pertains to this, however the officer did not apply the correct section of the HTA to the ticket, therefore voiding it's legitmacy ?


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Simon Borys
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Unread post by Simon Borys on

No, Section 75 is the muffler section. The charge of Improper Muffler would be appropriate for all muffler issues. Schedule 1 is not a charge section, it is just a list of requirements and prohibitions. Also, I would suggest that the section provided here does not apply if the exhaust is vented out to the side of the vehicle like you see on some old Corvettes and other cars. The purpose of this section is to ensure that, if you have holes in your floor pan, you are not breathing exhaust fumes and a side vented exhaust ensures this.
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Unread post by hwybear on

HTA 611 is what is required for vehicle safeties, so I will just throw this out there...so either the officer would lay an "unsafe vehicle" charge, seize the plates, tow the vehicle OR choose to issue a muffler offence.

If it the muffler falls into 611 10(f) it is concerning that a "professional" garage is allowing a vehicle to leave that would not pass a safety inspection.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Offroaddaddy
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Unread post by Offroaddaddy on

ulitmately I understand that I need to get this corrected.

I suppose though, I would rather not have to pay the $110 ticket on top of this! Does this ticket truly apply to me ?

Again, either way I am going to get this corrected, but the section quoted does not seem to cover the issue with my exhaust.

Do I have a case or just wasting time?

and again, thanks for the help and education - I am glad I found this site.


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Simon Borys
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Unread post by Simon Borys on

Like I said, if you apply for disclosure you will have a better idea of what evidence they intend to present as to the "improperness" of you muffler.




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