Motorcycle noise and autos with modified exhaust

Started by RayV3 • 3 replies • 1954 views

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RayV3 (Texas)
Posts: 1

Posted:

As a long time homeowner in a gated community in Irving, Texas, I'm very interested in hearing what other associations have done to control such loud noises emitted from motorcyles and autos with modified exhaust systems. We seem have several in our community and I made several requests to board members for ideas to control such. Would appreicate input on this subject.

Ray Vlasek
Hackberry Creek
www.hackberrycreek.com

FredS7 (Arizona)
Posts: 927

Posted:

In some states modified exhaust is already illegal. Texas may well have a different attitude about this; I understand they don't go in for things like zoning. You could also look into city/ county regulations.

There is almost certainly general language in your CC&Rs forbidding activities that result in unreasonable disturbance to others. Perhaps you could adapt language from states that have regulations concerning noisy exhaust to write a rule.

PeterD3 (Florida)
Posts: 708

Posted:

You should first see just what your problem is (magnatude).

Review relevant documents for your town similar to this: http://www.nonoise.org/lawlib/cities/elpaso.htm

Next, obtain an SPL or sound pressure level meter. You may be able to borrow one from your local police, code enforcement, etc.

Take the measurements and then present your case.

Without data 'noise level' opinions are subjective and is in the 'ear' of the beholder.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Texas Transportation Code:

§ 547.604. MUFFLER REQUIRED. (a) A motor vehicle shall
be equipped with a muffler in good working condition that
continually operates to prevent excessive or unusual noise.
(b) A person may not use a muffler cutout, bypass, or
similar device on a motor vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

From ehow.com:

Texas Code Requirements
Under Section 547.604 of the Texas Transportation Code, all motor vehicles must be equipped with a muffler, in good working order that prevents excessive or unusual noise. Further, the exhaust mufflers may not be bypassed.

Excessive and Unusual
Since Texas lacks specific decibel guidance, "excessive and unusual" is the applicable standard. In Aguilar v. State of Texas, a Texas appellate court reviewed a constitutional challenge claiming that the language was vague, and thus unenforceable since Section 547.604 does not specify a decibel level. The court rejected this challenge, noting that the terms "imply that noise must be outside normal standards for motor vehicles, which ordinary persons can objectively determine."

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