(1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.
(2) An exhaust system only meets the requirements of this section if all of the following apply:
(a) The exhaust system must be in good working order.
(b) The exhaust system must be in constant operation.
(c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:
______________________________________________________________________________
Maximum
level,Model,
Vehicle typedBAYear
I.Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses94............................... before1976
91............................... 1976 and after
II.Motorcycles and
mopeds94............................... before 1976
91............................... 1976
89............................... after 1976
III.Motor vehicles
not described
under I or II92............................... before 1976
88............................... 1976 and after
______________________________________________________________________________
(3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS 805.020 and that are:
(A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or
(B) Street rods that conform to ORS 815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique motor vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.
(4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section.
(5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation. [1983 c.338 §496; 1985 c.16 §257; 1985 c.393 §23; 1997 c.402 §15]
(Speedometer)
Section: Previous 815.230 815.232 815.233 815.235 815.237 815.240 815.245 815.250 815.255 815.260 815.265 815.270 815.275 815.280 815.281 NextLast modified: August 7, 2008