HOUSE BILL No. 4644

 

April 21, 2005, Introduced by Rep. Gaffney and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 707c (MCL 257.707c).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 707c. (1)  After April 1, 1978, a  A motor vehicle shall

 

not be operated or driven on a highway or street if the motor

 

vehicle produces total noise exceeding 1 of the following limits at

 

a distance of 50 feet except as provided in subdivisions (b)(iii) and

 

(c)(iii):

 

     (a)  A  For a motor vehicle with a gross weight or gross

 

vehicle weight rating of 8,500 pounds or more, combination vehicle

 

with gross weight or gross vehicle weight ratings of 8,500 pounds

 

or more.

 


     (i) Ninety DBA if the maximum lawful speed on the highway or

 

street is greater than 35 miles per hour.

 

     (ii) Eighty-six DBA if the maximum lawful speed on the highway

 

or street is not more than 35 miles per hour.

 

     (iii) Eighty-eight DBA under stationary run-up test.

 

     (b)  A  For a motorcycle or a moped:

 

     (i) Eighty-six DBA if the maximum lawful speed on the highway

 

or street is greater than 35 miles per hour.

 

     (ii) Eighty-two DBA if the maximum lawful speed on the highway

 

or street is not more than 35 miles per hour.

 

     (iii) Ninety-five DBA under stationary run-up test at 75 inches.

 

     (c)  A  For a motor vehicle or a combination of vehicles towed

 

by a motor vehicle not covered in subdivision (a) or (b):

 

     (i) Eighty-two DBA if the maximum lawful speed on the highway

 

or street is greater than 35 miles per hour.

 

     (ii) Seventy-six DBA if the maximum lawful speed on the highway

 

or street is not more than 35 miles per hour.

 

     (iii) Ninety-five DBA under stationary run-up test 20 inches

 

from the end of the tailpipe.

 

     (2) A dealer shall not sell or offer for sale for use upon a

 

street or highway in this state a new motor vehicle  manufactured

 

after April 1, 1978, which  that produces a maximum noise exceeding

 

the following limits:

 

     (a)  A  For a motor vehicle with a gross vehicle weight rating

 

of 8,500 pounds or  more — 83  more, 83 DBA.

 

     (b)  A  For a motorcycle or a  moped — 83  moped, 80 DBA.

 

     (c)  A  For a motor vehicle not covered in subdivision (a) or

 


(b) - 80  (b), 80 DBA.

 

     (3) A person shall not operate a vehicle on a highway or

 

street if the vehicle has a defect in the exhaust system  which

 

that affects sound reduction, is not equipped with a muffler or

 

other noise dissipative device, or is equipped with a cutout,

 

bypass, amplifier, or a similar device.

 

     (4) A person, either acting for himself or herself or as the

 

agent or employee of another person, shall not sell, install, or

 

replace a muffler or exhaust part that causes the motor vehicle to

 

which the muffler or exhaust part is attached to exceed the noise

 

limits established by this act or a rule promulgated under this

 

act.

 

     (5) A person shall not modify, repair, replace, or remove a

 

part of an exhaust system causing the motor vehicle to which the

 

system is attached to produce noise in excess of the levels

 

established by this act, or operate a motor vehicle so altered on a

 

street or highway.

 

     (6) A dealer shall not sell a used or secondhand motor vehicle

 

for use upon a street or highway  which  if that motor vehicle is

 

not in compliance with this act.