OLR Bill Analysis

HB 5145

AN ACT INCREASING THE FINE FOR INSTALLING OR USING MUFFLER SYSTEMS THAT CAUSE EXCESSIVE NOISE

SUMMARY :

This bill increases the fine for violating certain requirements relating to the mechanical equipment on motor vehicles, primarily, mufflers and exhaust pipes. It changes the fine from an infraction classification to an offense punishable by a fine of $ 150. The change in classification would require violators to appear in court since the option of mailing in the fine through the Centralized Infractions Bureau is eliminated.

Currently, as an infraction, a violator who sends in the fine by mail and does not appear in court must pay a total of $ 78. This includes the fine, a 50% surcharge on the fine for the Special Transportation fund (STF surcharge), an additional fee of $ 1 for each $ 8 or fraction thereof of the fine for police training, and a $ 20 court cost surcharge. Thus, the fine portion of the total amount a violator currently may mail in (thus pleading no contest to the charge) is $ 35.

Under the bill, the $ 150 fine would still be subject to the 50% STF surcharge, but, since the offense would no longer be classified as an infraction, the $ 1 for $ 8 fee for additional police training and the $ 20 court assessment would apparently no longer apply.

EFFECTIVE DATE: October 1, 2003

MOTOR VEHICLE EQUIPMENT VIOLATIONS SUBJECT TO INCREASED FINE

The motor vehicle equipment offenses subject to the increased fine and offense reclassification include:

1. operating, constructing, equipping, or adjusting a motor vehicle thus causing unnecessary or unusual noise;

2. operating a motor vehicle with an improper muffler; failure to maintain a muffler in good working order; installing or using a muffler lacking interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout, or a straight exhaust; installing or using any mechanical device that amplifies the noise emitted by the vehicle; removing or replacing all or part of a muffler except to repair or replace it; or using an extension or device on an exhaust system or tail pipe that will cause unnecessary or unusual noise;

3. excessive fumes or exhaust smoke from a motor vehicle;

4. violating requirements applicable to the construction, placement, or positioning of exhaust pipes on a motor vehicle;

5. operating a motor vehicle with a defective horn; and

6. operating a siren, whistle, or bell on a motor vehicle except as specifically permitted by statute.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Change of Reference