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modified exhaust violation Bracebridge , Ont

Often when working with the cops they lay charges in reference to exhausts. I have laid them on occasion when there were too many for the police to handle. I was out with the police a couple of weeks ago on the Sudbury trails and several muffler charges were laid. The riders didn't complain too much, they were treated with respect which is always the case. However, there were many complaints from riders about people riding with loud cans on their sleds.

That weekend there were more complaints about cans than complaints from from riders who received tickets. The Greater Sudbury Police receive numerous complaints from landowners regarding loud sleds and they are addressing public complaints.

The police I work with know their pipes/cans. So, it is difficult to win in court. The Act is pretty straightforward. They don't have to take a photo of the can and present it to the court. It is mostly the people who ruin it for everyone else. There are kids ripping it up at 10 o'clock at night on the streets and urban area trails with loud cans that generate the complaints and the cops are ordered to address it.

Personally, I don't worry about cans. If the cops were working with me and a Yamaha guy pulls up with an Excell exhaust....I would not like it if he was ticketed. I would think the cops wouldn't even notice. They are looking for the loud Bender/MBRP/SLP/Snowstuff etc cans that are piecing loud that they can hear throttling up and down on the trail (the guys I work with).

Here is the wording from the Motorized Snow Vehicles Act and Set fine.

Muffler in working order

18. (1) No person shall drive a motorized snow vehicle unless it is equipped with a muffler in good working order and in constant operation and no person shall drive a motorized snow vehicle which has a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon the motorized snow vehicle. R.S.O. 1990, c. M.44, s. 18 (1).

Removing or modifying any component

(2) No person shall drive or permit to be driven any motorized snow vehicle upon which any component or device, which was required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the motorized snow vehicle was manufactured or imported into Canada, has been removed, modified or rendered inoperative. R.S.O. 1990, c. M.44, s. 18 (2).

Set fine:
Improper muffler
Section 18(2) MSVA
$85.00 plus Victim fine surcharge
 

Re: exhaust fine

wkeggenhoff said:
Wasn't a cop. Was the STOP patrol. there was 3 of them right in town.They stppped us once coming into Bracebridge. Checked all paper work lets us through. We stopped for a few minutes and they moved by us. We caught up to them 15 min later. this time one of the other guys pilled me overthis time. He happened to be on an Apex as well. Said exhaust was modified , not stock. He didnt take pictures of it. I said why are you pulling me over now. He said the other guy didnt notice it the first time. Played stupid said I bought it this way. Gave me ticket as there was a zero tolerance for non OEM exhast. $110 ticket.
Excell is not much louder tyhan stock at moderate speeds untill you crack it. I dont do it around populated areas or at night. Wasnt driving like an idiot either
So today booked my pre-trial meeting with prosicutor.
Going to fight. Printed a copy of motorized Snow vehicle act section 1 and 2 very vauge. But I have a good case. Also refers to motorized vehicle safety act


And as for "Greggie" didn't ask for your smart #*$&@ comments. Its not an open exhaust either you tool. Better too keep your mouth shut instead of opening it up about something you knothing about. Read the act before you make any comments.

Will post the act when I can scan. Think it will be an easy win.
Click to expand...

The change that you win will be less than 1% because your exhaust is not the standard factory exhaust, so it is illegal. Also your exhaust isn't Snowmobile Safity and Certification Commitee (SSCC) approved. But if you think that you know better, go to court.
Thanks,

Greg
 
greggie said:
wkeggenhoff said:
Got a ticket today for having exhaust modified under motor vehicle act.
Guy was a total dick. no warning nothing. Wasnt even giving her.

HAs anyone gone to court to fight one of these and what were the results ? Am I waisting my time ?
Click to expand...

Any modifications on the exhaust system is not allowed in the MVSA. Only stock factory exhaust is allowed. If you run something else, go to court, you will loose a day and most likely get a higher ticket.

I don.
't think that the cop was a dick, you are because you did something what isn't allowed and are still thinking that you are right. Open exhaust closes trails! Site requiers your location thanks.
Thanks,

Greg
Click to expand...
 
Would you be willing to put a bet on that Greggie? I would. $100 says I win. Read the wording. Tha factory muffler has not been modified.the wording says removed meaning taken off, and another engineered muffler put in its place. Its not not a straight pipe, etc.
Guess its how you interpit "modified"

Spent 2 hrs going through the motor vehicle saftey act and have yet to find any info so far inreguards to exhaust or mufflers even being mentioned. A muffler is not realy safety related and since none are equipped with spark arrestors that is another aspect of muffler being saftey related gone.



As well,beyond a "reasonable doubt" well be how prosecutor or judge interpits.
Hoping since it was a stop officer as well hopefully he will loose a days pay if he has to show up for court. My company has a bussiness in Bracebridge so I will not. Will just work there that day
 
Dano said:
Blue Dave said:
Dano said:
If it looks like modded exhaust from the outside, you don't have much of a case. If its modded exhaust, but looks stock and is just a bit louder then stock, you'll probably win that in court if the opp doesn't provide decibel difference between stock and modded. I've seen some modded exhaust where it's not louder then stock and still gave out a ticket. This is where you can't legislate comon sence.
It's unfortunate the cops go out in full force after a couple deaths in the area and nail everyone on sticker placements, modded exhaust, speeding over the limit of 50 kms/hr, use of light covers etc etc..... And never deal with the real issues that kill riders.
I've been a victim in the past getting a $110 for having blue transparent light covers, which turned out to be legal in the day. Now the only thing going through my head is to grab a hand full of throttle going by the stop checks. I spend allot of money making sure everything is legal and the last thing I'll put up with is speeding while going over 50km/hr (31 mph).

Dan
Click to expand...

OK, so exactly what do you think are "the real issues that kill riders"?
Click to expand...

1st, Alcohol and the riding habits that come with it.
2nd, comon sence and the lack of ability to apply it .
3rd, mix a bit of 1st and 2nd

You can do 60 mph (100 km/hr) cruising down a wide open trail in full control and still get a ticket for speeding and breaking the law.
Having that said, I'm sure it's hard to "police" the real issues, but common sense works both ways. I do have to add that I have met some great law inforcment officers that are down to earth. I really don't mind showing my license and registration as it does help locate stolen sleds. But I've seen a few duds out on the trail that just don't like snowmobilers.



Dan
Click to expand...

You can not police common sense which is what is really required to avoid accidents & deaths. As I said earlier, I like to have a few drinks while sledding. For me and most everyone that I ride with, sledding and drinking goes hand in hand. Again, common sense is required which means that there is a difference between having a few drinks and riding while completely hammered.

Most every DNR officer that I have ever met in MN & WI while riding was not a "dick" but rather was just making sure that the trails are safe for everyone and that proper registration was in place. I have been lucky to have had mostly only good interactions with the DNR. However I am sure that like any other group of people there will always be a few "dicks" in the bunch.

On several occaisions we have had the DNR stop and talk to our group while we were stopped on the side of the trail having a "beer break". Because we were not obviously drunk we had a nice conversation with them while drinking our beers trailside. They did not lecture us or even ask us about the alcohol but rather just reminded us not to litter.
 
If you really want to win this in court it is very simple.Take a picture of your sled with the stock exhaust. Bring it to court and say this is your sled with stock exhaust. It was not modified, the cop didnt even look at it. He has no prooof no decible reading just his best guestimate with his ears. Also bring in the specs I have seen them somewhere before. It is blah blah decible plus or minus some number. Not every sled is exactly the same as far as decible reading, thats why the plus or minus. Easy peasy He basically has no argument other than he thinks your sled is louder than his by ear. My sled came with a Hauck exhaust, the quieter one. I never got a ticket never even a second look because I was quiet around town and people. I bought a stock exhaust just because I couldnt stand the drone in my helmet all day at 70MPH it had a weird resonance to it.
 
wkeggenhoff said:
Would you be willing to put a bet on that Greggie? I would. $100 says I win. Read the wording. Tha factory muffler has not been modified.the wording says removed meaning taken off, and another engineered muffler put in its place. Its not not a straight pipe, etc.
Guess its how you interpit "modified"

Spent 2 hrs going through the motor vehicle saftey act and have yet to find any info so far inreguards to exhaust or mufflers even being mentioned. A muffler is not realy safety related and since none are equipped with spark arrestors that is another aspect of muffler being saftey related gone.



As well,beyond a "reasonable doubt" well be how prosecutor or judge interpits.
Hoping since it was a stop officer as well hopefully he will loose a days pay if he has to show up for court. My company has a bussiness in Bracebridge so I will not. Will just work there that day
Click to expand...

You can say that your exhaust isn't modified but it isn't the oem exhaust.

(2) No person shall drive or permit to be driven any motorized snow vehicle upon which any component or device, which was required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the motorized snow vehicle was manufactured or imported into Canada, has been removed, modified or rendered inoperative. R.S.O. 1990, c. M.44, s. 18 (2).

Also your exhaust isn't the same at the time that the snowmobiloe was manufactured of imported.

Also if you change your exhaust to the stock one and make a pic, it will be your word against them and they will win, special with 3 persons agains one.
Thanks,

Greg
 
Brutal, there is no need for charges and fines to be laid over this, ever hear of just a warning?? Most cops in my experience are total dicks, riding high on their high horses, unfortunately, you had some real genious that randomly decided that he wanted to ruin your day. They should be dealing with the guys who cant ride their sleds and are driving like morons (high rate of speed, panicky, etc...), or the drunks, which conveniently causes the conditions above. One day, I would really like to say that I had a pleasurable experience with some cops....

Id also like to mention that not one of them ever mentioned the loudness of my sled. Its all dependent on the appearance of the exhaust and how high theyre riding on their horse. Plus it must help when im driving quietly and encourage others to do the same in these sound sesneitive areas (not saying that you didnt).

Going above and beyond all this, cant get past the loud harleys and trucks/cars/ bikes I hear. I can hear the jake brakes and a harley goosen er' all day long from within my house!!!

Also, a note in reference to having a couple beers. IMO, the cracking down on all of this has killed the lodging industry! Know your limit and drive within it. On that note, I never drink and ride, too busy to stop and do that when the sleds are so good!
 
Ask about the Harleys !!!
Ask for DB rating , an actual number !!
Ask to see the DB meter , they don't even have one !
Ask for the stock DB rating !!!
Ask the Cop to show you the Apex Muffler they don't even know where to look !!

We had the same issue with a boat cop and silent choice, he said we had switched it to open on an inland lake ( only legal more than 5 miles from shore in Canada) , He could't even show the judge where it was in a picture , so it was thrown out of court !!!
 
In all actuality it is not your word against thiers. It is however a bit on the dishonest side. If you have a picture you have proof that it is a stock exhast. From his story they did not look to see if it was aftermarket or not took no decible readings and no pictures or real proof it was aftermarket. Had they looked to be sure or done something more than just used there ears to think it was too loud it is not hard to make them look bad in court. Also I am not firmiliar witht he laws in Canada, but if the ticket was written here in the US they only have to prove more likely than not in a traffic case. You would have the proof necessary to show it was not likely and nothing more than a mistake on part of the officer. That being said again in the US Maine specifically they write you for unnecessary noise, why do they do that you ask, well you can make loud and unnecessary noise with a stock exhaust, tires radio etc. That is based on the officers discretion making it much more difficult to beat so they can get there money.
Personally I can never blame a cop for doing there job maybe they had a bunch of complaints and you where the scapegoat for all of the Artic Cats with the loudest exhaust I have ever heard LOL Maybe he was told by his boss no warnings hard to say. Cops are juyst regular people some are douchebags some are great people. I think its alot like Home Depot some are helpful some are worthless...
 
I just hope you don't have to take time off work and pay any legal fees to fight a $110 ticket when there is a chance you might not get off the charge. Does it affect insurance rates or anything else?
 
I have had my share of tickets on the banshee and my cr500! i tell them that there all a**holes! seriously i do! they dont like it,never gave me a ticket for it,i can voice my opinion! its well worth the ticket then,makes me feel better...i would of told him that the insides broke apart on the apex muffler,fix it ticket.just cram a bunch of steel wool in there,it will quiet it down some,used to do that before we got to bull gap sand hill for sound check.
:die
 
in Ontario its not about decibels, they are just saying No modified exhaust period. that way I guess there no descrepincy in how loud is too loud.
Won't loose any pay as I will just work out of Bracebridge at our store for the day.
Yes a warning would have been much nicer than the ticket. Princibal of the thing now not the money. Will make their court system get my moneys worth lol
Will meet wioth prosicutor first. if he does not drop charge I will priocedd to trial
 
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