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What Are The Excessive Noise Limits For Motor Vehicles In Michigan?

by | Mar 6, 2023 | Traffic Offenses |

 

State laws and local ordinances regulate the maximum permissible noises from a motor vehicle in Michigan so that residents will not be bothered or disturbed by the excessive sounds while they are working or at home.  The noise limits in Michigan are the same for all types of motor vehicles including motorcycles and mopeds.  This blog article will explain the various laws throughout the state that regulate motor vehicle noise and the penalties for violating the same.

 

ABSOLUTE NOISE LIMITATIONS ON VARIOUS TYPES OF MOTOR VEHICLES

“A motor vehicle must not be operated or driven on a highway or street if the motor vehicle produces total noise exceeding 1 of the following limits at a distance of 50 feet” as follows:

  • A motor vehicle with a gross weight or gross vehicle weight rating of 8,500 pounds or more or a combination vehicle with gross weight or gross vehicle weight ratings of 8,500 pounds or more:
    • 90 decibels if the maximum lawful speed on the highway or street is greater than 35 miles per hour. MCL 257.707c(1)(a)(i).
    • 80 decibels if the maximum lawful speed on the highway or street is not more than 35 miles per hour. MCL 257.707c(1)(a)(ii).
    • 88 decibels under a stationary run-up test. MCL 257.707c(1)(a)(iii).
  • A motorcycle or a moped:
    • 86 decibels if the maximum lawful speed on the highway or street is greater than 35 miles per hour. MCL 257.707c(1)(b)(i).
    • 82 decibels if the maximum lawful speed on the highway or street is not more than 35 miles per hour. MCL 257.707c(1)(b)(ii).
    • 95 decibels under a stationary run-up test at 75 inches. MCL 257.707c(1)(b)(iii).
  • All other motor vehicles:
    • 82 decibels if the maximum lawful speed on the highway or street is greater than 35 miles per hour. MCL 257.707c(1)(c)(i).
    • 76 decibels if the maximum lawful speed on the highway or street is not more than 35 miles per hour. MCL 257.707c(1)(c)(ii).
    • 95 decibels under stationary run-up test 20 inches from the end of the tailpipe. MCL 257.707c(1)(c)(iii).

“If it is shown that the noise level of a motor vehicle is in excess of the decibel levels established in [the Motor Vehicle Code], that evidence shall be prima facie evidence that the motor vehicle was producing excessive noise in violation of [the law]”.  MCL 257.707d(4).

A person who violates these decibel level laws is responsible for a civil infraction and shall be ordered to pay a civil fine of not more than $100.00.  MCL 257.707c(7).

 

MUFFLERS REQUIRED TO BE IN GOOD WORKING ORDER

“A motor vehicle, including a motorcycle or moped, shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise” in violation of the noise limits under MCL 257.707c(1).  MCL 257.707(1).

A driver operating a vehicle with a muffler that is not in good working order is liable for a defective vehicle ticket which is a civil infraction punishable by a fine.

“A person who, at the time of installation, knowingly installs a muffler… which exceeds the decibel limits of [MCL 257.707c(1)] shall be liable to the person who receives a citation for [excessive noise] for the amount of not less than $100.00, plus reasonable attorney fees and court costs.”  MCL 257.707d(3).

 

EXHAUST SYSTEM REQUIRED TO BE IN GOOD WORKING ORDER

“A motor vehicle, while being operated on a highway or street, shall be equipped with an exhaust system in good working order to prevent excessive or unusual noise and shall be equipped to prevent noise in excess of the limits established in [MCL 257.707c(1)]”.  MCL 257.707b(1).  “A motor vehicle shall at all times be equipped with a properly operating exhaust system which shall include a tailpipe and resonator on a vehicle where the original design included a tailpipe and resonator.”  MCL 257.707(c).

A driver operating a vehicle with an exhaust system generating excessive noise is a civil infraction punishable by a fine.  MCL 257.707d(2).

“A person who, at the time of installation, knowingly installs… an exhaust system which exceeds the decibel limits of [MCL 257.707c(1)] shall be liable to the person who receives a citation for [excessive noise] for the amount of not less than $100.00, plus reasonable attorney fees and court costs.”  MCL 257.707d(3).

 

DEALERS PROHIBITED FROM SELLING NEW OR USED MOTOR VEHICLES THAT EXCEED NOISE LIMITATIONS

“A dealer shall not sell or offer for sale for use upon a street or highway in this state a new motor vehicle that produces a maximum noise exceeding the following limits:”

  • “A motor vehicle with a gross vehicle weight rating of 8,500 pounds or more—83 decibels.” MCL 257.707c(2)(a).
  • “A motorcycle or a moped—83 decibels.” MCL 257.707c(2)(b).
  • Any other motor vehicle—80 decibels. MCL 257.707c(2)(c).

In addition, “[a] dealer shall not sell a used or secondhand motor vehicle for use upon a street or highway that is not in compliance with [MCL 257.707c(1)].”  MCL 257.707c(6).

A dealer who violates these provisions is guilty of a misdemeanor punishable by a fine up to $100.00.  MCL 257.707d(1).

A violation of these laws by a dealer is prima facie evidence of a fraudulent act that could cause the dealer to have their dealer license suspended, revoked or not granted.  MCL 257.707d(5).

 

DRIVERS PROHIBITED FROM OPERATING VEHICLES GENERATING EXCESSIVE NOISE

“A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system that affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier, or a similar device.”  MCL 257.707c(3).

A person who violates this provision is liable for a civil infraction punishable by a fine.  MCL 257.707d(2).

 

PERSONS PROHIBITED FROM INSTALLING MUFFLERS OR EXHAUST SYSTEMS ON VEHICLES THAT EXCEED THE NOISE LIMITS

“A person, either acting for himself or herself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part that causes the motor vehicle to which the muffler or exhaust part is attached to exceed the noise limits established by this act or a rule promulgated under [MCL 257.707c(1)]”.  MCL 257.707c(4).

A person who violates these provisions is guilty of a misdemeanor punishable by a fine up to $100.00.  MCL 257.707d(1).

“A person who, at the time of installation, knowingly installs a muffler or exhaust system which exceeds the decibel limits of [MCL 257.707c(1)] shall be liable to the person who receives a citation for [excessive noise] for the amount of not less than $100.00, plus reasonable attorney fees and court costs.”  MCL 257.707d(3).

A violation of these laws by a dealer is prima facie evidence of a fraudulent act that could cause the dealer to have their dealer license suspended, revoked or not granted.  MCL 257.707d(5).

 

PERSONS PROHIBITED FROM MODIFYING OR ALTERING EXISTING MUFFLERS OR EXHAUST SYSTEMS ON VEHICLES TO CAUSE EXCESSIVE NOISES

“A person shall not modify, repair, replace, or remove a part of an exhaust system causing the motor vehicle to which the system is attached to produce noise in excess of the levels established by [MCL 257.707c(1)], or operate a motor vehicle so altered on a street or highway.”  MCL 257.707c(5).

A person who violates this provision is liable for a civil infraction punishable by a fine.  MCL 257.707d(2).

“A person who, at the time of installation, knowingly installs a muffler or exhaust system which exceeds the decibel limits of [MCL 257.707c(1)] shall be liable to the person who receives a citation for [excessive noise] for the amount of not less than $100.00, plus reasonable attorney fees and court costs.”  MCL 257.707d(3).

 

A SKILLED TRAFFIC LAWYER CAN HELP DEFEND YOUR RIGHTS IF YOU ARE CHARGED WITH A CIVIL INFRACTION OR MISDEMEANOR

A person accused of a civil infraction is not required to admit responsibility and can request a formal or informal hearing before a district court judge or magistrate. A person accused of a misdemeanor or felony will be arraigned on criminal charges and is entitled to a trial by judge or jury. An experienced traffic attorney can protect your rights by negotiating a favorable resolution with the prosecutor or, if the evidence against you is weak, obtain an acquittal after an evidentiary hearing.  We can help you make the best possible decision to resolve your pending legal matter.

If you or a loved one is accused of any traffic violation, do not hesitate to contact the skilled lawyers at Kershaw, Vititoe & Jedinak PLC for assistance today.

 

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