Old Law New Law Revised Law

As many of you know there is a "revised" law that takes effect today on Exhaust Noise. Everybody seems ready to storm the Bastille in Augusta and overthrow the Minions of Law & Order. After personally talking with a State Trooper and seeing a few responses to this revision I think we would be better served in getting the correct information out to our friends in the hobby.

The following is a good explanation of what the "Revised Law" means to us. This was taken from the Team 207 Website and is in response to an E-Mail sent to the Gov. by Andrew Faucher. It is rather long but needs to be read, especially the Exceptions

I received an email today from a Maine State Police officer regarding an email I sent to Governor John Baldacci. As he stated in the email he sent me we, the people, are getting the wrong information with this new law. They have not made many drastic changes to the law. You can still put exhaust systems on your car. As the law stated before, and has not changed, it must exceed 95 decibels to be considered illegal in the state of Maine. Here is the email I received in full.


Thank you for taking the time to write with your concerns regarding the amended language in Title 29-A section 1912. Even with the changes that take effect on July 12th (today), there is no need to have a stock or OEM muffler on a motor vehicle or motorcycle, as long as it is not "noticeably" louder than the factory installed muffler. If the exhaust noise is 'close' to factory then the muffler is legal. There are many aftermarket mufflers that effectively reduce engine noise and are close to factory sounding. These mufflers are still 'legal'. There are some additional requirements in the Maine Motor Vehicle Inspection Manual (MMVIM) that also be met. For instance a Maine registered motorcycle exhaust would not pass inspection, even it was quiet, if it was marked "for racing only" or "not for highway use" or some other similar type of marking. Please refer to the MMVIM for more information. The aftermarket mufflers that are 'excessively loud' are not currently legal and have not been for many years. The prior law has been on the books for over 16 years and some language has now been added to clarify the intent of the law.This law change was passed by the legislature and signed into law by the Governor. It is now a law enforcement responsibility to enforce the law as written, by exercising discretion in the application of enforcement measures.I do believe there is a lot of confusion out there in regards to this "new" law. THERE IS NO NEED FOR THE EXHAUST SYSTEM TO BE STOCK OR OEM (original equipment manufacturer) ONLY, unfortunately there are some well intentioned people spreading the INCORRECT word that all exhausts must be factory or OEM. Please see the old and new Title 29-A Section 1912 that you are referring to:OLD:29-A §1912. MUFFLERS1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]2. Cutouts prohibited. Except as provided in subsection 5, a muffler or exhaust system may not be equipped with a cutout, bypass or similar device.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified to amplify or increase the noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]4. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]5. Exception; racing meets. Notwithstanding subsection 2, an owner or operator of a motor vehicle used occasionally in racing meets may obtain a permit from the Secretary of State for installing a cutout, bypass or similar device on the exhaust system of that motor vehicle pursuant to this subsection.A. The cutout, bypass or similar modification must be kept closed and inoperative while the vehicle is on a public way. [2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]B. The permit must be in the vehicle at all times while on a public way. [2003, c. 452, Pt. Q,§23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]C. The Secretary of State shall determine the eligibility of all applicants for a permit. [2003, c.452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]D. The permit fee is $1 for the registration year. [2003, c. 452, Pt. Q, §23 (NEW);2003, c. 452, Pt. X, §2 (AFF).][ 2003, c. 452, Pt. X, §2 (AFF); 2003, c. 452, Pt. Q, §23 (RPR) .]6. Exception. Subsections 1 and 3 do not apply to a muffler or exhaust system that does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit a noise in excess of 95 decibels as measured in accordance withstandards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by participating certified inspection stations. This subsection applies to motor vehicles as defined in section 101, subsection 42, except that it does not apply to motorcycles.NEW AMENDED LANGUAGE:An Act Relating to Road NoiseBe it enacted by the People of the State of Maine as follows:Sec. 1. 29-A MRSA §1912, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.Sec. 2. 29-A MRSA §1912, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.As you can see from above, Title 29-A Section 1912 Subsections 1 and 3 have only been amended slightly. The rest of the above statue (1912) is still in effect. Below is how Title 29-A Section 1912 now reads:EFFECTIVE TODAY 7-12-2010:29-A §1912. MUFFLERS1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]2. Cutouts prohibited. Except as provided in subsection 5, a muffler or exhaust system may not be equipped with a cutout, bypass or similar device.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]4. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]5. Exception; racing meets. Notwithstanding subsection 2, an owner or operator of a motor vehicle used occasionally in racing meets may obtain a permit from the Secretary of State for installing a cutout, bypass or similar device on the exhaust system of that motor vehicle pursuant to this subsection.A. The cutout, bypass or similar modification must be kept closed and inoperative while the vehicle is on a public way. [2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]B. The permit must be in the vehicle at all times while on a public way. [2003, c. 452, Pt. Q,§23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]C. The Secretary of State shall determine the eligibility of all applicants for a permit. [2003, c.452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]D. The permit fee is $1 for the registration year. [2003, c. 452, Pt. Q, §23 (NEW);2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. X, §2 (AFF); 2003, c. 452, Pt. Q, §23 (RPR) .]6. Exception. Subsections 1 and 3 do not apply to a muffler or exhaust system that does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit a noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by participating certified inspection stations. This subsection applies to motor vehicles as defined in section 101, subsection 42, except that it does not apply to motorcycles.