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Tramp
| | Posted on Monday, June 02, 2008 - 07:23 am: | 
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Just do the intelligent thing:
Retrofit a stock muffler on the thing, take it to a dealer or a legitimate shop, and ask for a note stating that the exhaust issue has, in fact, been remedied (ASAP, so your statement form the shop shows a date soon after the violation was cited).
When you PTC with the officer, at court, explain to him what you've done, invite him to inspect the new (retrofit) exhaust, and thank him for bringing your attention to the original deficit.
Allow him to explain this to the justice (he will), and follow up, yourself, by stating that no one apprised you of the legal issue with respect to the D&D when you purchased it, you were merely told that it would increase fuel mileage, and your funds are extremely limited and every penny saved on fuel helps....you ride the motorcycle because fuel costs in the car were killing you, and the economy is difficult enough on vets these days.
This would be the most intelligent approach to this problem.
If you haven;'t kept your factory muffler, post on badweb to borrow one. I'm sure there are many floating about, here.
(Message edited by tramp on June 02, 2008) |
Bads1
| | Posted on Monday, June 02, 2008 - 07:39 am: |
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Heck go talk to Andy at Appleton HD and Buell. I bet he just may have one around that was a take off. Just do the switch and then switch back after you have straightened this out. |
Tramp
| | Posted on Monday, June 02, 2008 - 08:08 am: |
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..Thanks bads1 for adding that second part: "...switch back after you have this straightened out".
The Appleton idea is paramount. They'll definitely have them laying around, AND they may write you the equip inspection after you've switched the pipes out in the lot, saving you a a trip! |
Chadr81
| | Posted on Monday, June 02, 2008 - 08:57 am: |
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Yeah, Andy from Appleton and I are really good buddies. We served together in the Marine Corps out in Hawaii and ride together quite often. I was gonna give him a call right after it happened, but it was pretty early in the morning and I didn't want to wake him up. I wanted to see what he had to say too.
The funny thing is when Andy got pulled over last year when he still had his Firebolt with a D&D, there were 3 cops that were there if I serve right. Not a single one said one thing about his exhaust. Guess they were too focused on other things... you'll have to ask him about that story!
I've been eyeing up the Drummer for a little while now. Maybe it's just a sign. As for putting the stock one back on, it's not gonna happen. All the cables and the servo for the valve in the exhaust are all gone. I tried the Buell Race Pipe at the beginning of the year on there and was not impressed... I put the D&D back on.
I'm a pretty chancey kind of guy, and think I'm just going to leave it. I talked to a bunch of the guys I work with last night and they also thought the guy was a real douche bag. "We never right crap up for that... we're too busy" was pretty much the common comment from them.
As for the state statute number, it's 347.486(3) and it says "No person may operate a motorcycle without a functioning muffler." Pretty generic catch all. I'm still going to take it to court. What's the worst they can say, you have to pay it? I work enough overtime that I don't have any problem putting a few extra dollars into the 'ticket for exhaust fund'.
Chad |
Tramp
| | Posted on Monday, June 02, 2008 - 09:04 am: |
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Actually, they can (and likely will) ask if you've remediated the issue, and if you haven't, they'll tag you again...and again.
Retrofitting the stocker doesn't require servo cables, etc., esp. for temp. purposes.
But you seem to have the answers already, and and you've determined that the cop was a 'real douchebag'.
good luck. |
Samiam
| | Posted on Monday, June 02, 2008 - 09:11 am: |
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"...functioning muffler." To me that means no straight pipes. And I'm sure the D&D muffler muffles the sound over straight pipes. Nowhere in that statement does it say how much it has to muffle the sound, there is no dB limit.
At least, that's how I interpret that statement. And I'm sure you could make the judge agree with you on that.
Still, YMMV, so good luck with the court.
-Sam |
Chadr81
| | Posted on Monday, June 02, 2008 - 10:02 am: |
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But you seem to have the answers already, and and you've determined that the cop was a 'real douchebag'.
I wish I had all the answers, but that is not the truth. I'm just set in my ways of what I'm willing to do and not do. And if 16 of us LEOs come up to the consensus that the guy is a real douche, I'm ok with writing that. I know he's probably been called worse, because I know I have... and I'm o.k. with that.  |
Tramp
| | Posted on Monday, June 02, 2008 - 12:05 pm: |
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That being the case, then (and I'm certainly in no position to disagree) why not contact D&D for a statement re: your pipe, along with the copy (that you'll undoubtedly procure) of your state's reg.s re: mufflers?
next move would be to question the db of each semi that goes down the road, as well. |
Chrisrogers3
| | Posted on Monday, June 02, 2008 - 01:26 pm: |
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Chad
I got picked up on that same stretch of road last year just before Andy did. I took my ticket to court (Outagamie County) and the D.A. was less than accommodating. Hopefully you have better luck than I did. |
Johntman
| | Posted on Monday, June 02, 2008 - 02:30 pm: |
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Ok I read the code section. Just my opinion and how it works here in Georgia. The functional muffler thing is any working exhaust, I think it has a certain length on the pipes, no mention of EPA stamp, and no mention of noise in the "functional exhaust" code section, and there is currently no state noise ordinance here. However with that being stated there are city and county noise ordinance that would make some of the aftermarket pipes get tickets, but it would be for a noise violation and not a "non functional exhaust".
Just my opinion, but with you being L.E.O. I'd swing by and see if you could get Judge or court solicistor to "clarify" that code section for you.
I think he may have wrote you for the wrong code section. In my book and possibly the Judge's a D&D is a "working exhaust" |
Azxb9r
| | Posted on Monday, June 02, 2008 - 05:24 pm: |
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Some places do have limits as to how many decibels at X number of feet your exhaust is allowed to make. You may want to see if there is such a restriction in the area that you were cited. |
Jaimec
| | Posted on Monday, June 02, 2008 - 06:20 pm: |
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This is from memory, but the FEDERAL standard is 82 db measured 20 feet from the centerline of the motorcycle (perpendicular to the location of the microphone) at 3,000 rpm (or standard cruising RPM... I'm not clear on that).
Remember: the DISTANCE from the source of the sound is as important as anything else as some exhausts sound pretty loud when you're riding the bike but from a few feet away are actually surprisingly quiet (the SuperTrapp I had on my M2 Cyclone comes to mind).
The active exhaust valve in the XB12 actually cuts in ABOVE the measured rpm rate, so it sneaks past the EPA noise tests in that regard.
In the absence of a local ordinance, the Federal ordinance would apply (although I wonder about the legality of a local ordinance more stringent than the federal as that would involve different vehicle manufacturing standards as well). |
Buellinachinashop
| | Posted on Monday, June 02, 2008 - 06:25 pm: |
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One word of warning to all those coming to Homecoming. Milwaukee just stated about 2 weeks ago, due to citizen complaints, that they will be stepping up excessive noise enforcement this summer. Why? Harley pipes were named exclusively. |
Thumper74
| | Posted on Monday, June 02, 2008 - 07:44 pm: |
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I got nabbed a few weeks ago on my dad's Harley with drag pipes. Not cool. He let me off once he saw it wasn't my bike, but let me know to tell my dad that the bike was too loud. I agreed, but I like riding the noise maker some times. Cool cop.
I got nabbed on a citation for 'excessively loud' exhaust on the ticket on the Buell leaving my part time job in BFE a few weeks ago. With... the factory exhaust. The cop took a picture of the exhaust so they would know if I changed it before the court date. I had it inspected by the Highway Patrol who confirmed the emissions/federal noise stuff on the can. I went to court and explained that it was the factory exhaust and the only modification to the pipe was the dent in the bottom. It got thrown out, but I missed some work to get the pipe inspected and a whole day for the court date. |
Lost_in_ohio
| | Posted on Monday, June 02, 2008 - 08:29 pm: |
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thumper is this the Gainer pipe you got nabbed with???? |
Lost_in_ohio
| | Posted on Monday, June 02, 2008 - 08:33 pm: |
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thumper is this the Gainer pipe you got nabbed with???? |
Jaimec
| | Posted on Monday, June 02, 2008 - 10:36 pm: |
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Thumper, is this the Gainer pipe you got nabbed with???? (Figure if we ask him THREE times maybe he'll answer... What's a "Gainer Pipe??"). |
Thumper74
| | Posted on Tuesday, June 03, 2008 - 01:14 pm: |
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No, this was the FACTORY can. Complete with guts and the interactive valve.
I need to think about another Gainer Pro Pipe... |
Jaimec
| | Posted on Tuesday, June 03, 2008 - 01:32 pm: |
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By the way, that 82 db I mentioned earlier is TOTAL noise, not JUST the exhaust. Intake honk, valve clatter, gear whine... all of that contributes to the 82db limit. That's one advantage water cooled bikes have; the water jacket masks a lot of the engine noise so the manufacturers can tune a little more "soul" into their exhaust.
That's also why the tube frame Buells had those HIDEOUS, asymmetric airboxes; the extra volume allowed it to damp out intake honk, so the exhaust could "push the envelope" a little bit more. |
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