S2674 1R

An Act concerning motor vehicle muffler and exhaust systems ¹[and],¹ amending various parts of the statutory law ¹, and supplementing Title 39 of the Revised Statutes¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.39:3-69 is amended to read as follows:

39:3-69. a. Every motor vehicle except a motor-drawn vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a highway.

b. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

Any emergency vehicle authorized by the commission may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the commission, but such siren, whistle or bell shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren, whistle or bell when necessary to warn pedestrians and other drivers of the approach thereof.

c. No person ¹, including, but not limited to, an auto body repair facility,¹ shall install or [use on] modify the exhaust system of any motor vehicle [any device which emits an] in a manner which amplifies or increases the audible sound [unless authorized to do so by the commission] emitted by the motor or exhaust system of such vehicle above that emitted by the motor or exhaust system originally installed on the vehicle.

The penalty for the violation of this subsection shall be consistent with the penalty for violating the provisions of subsection b. of R.S.39:3-70.

d. No bicycle shall be equipped with nor shall any person use upon a bicycle any siren or whistle.

e. The commission is hereby authorized in its discretion to promulgate standards concerning the audibility of audible warning devices.

f. Except as provided for in subsection c. of this section, the penalty for violating the provisions of this section shall be consistent with the penalty for violating the provisions of this article, as provided for in R.S.39:3-79.

¹g. As used in this section, “auto body repair facility” means the same as the term is defined in section 1 of P.L.1983, c.360 (C.39:13-1).¹

(cf: P.L.2003, c.13, s.45)

2. R.S.39:3-70 is amended to read as follows:

39:3-70. a. Every motor vehicle having a combustion motor shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

The penalty for the violation of this subsection shall be consistent with the penalty for violating the provisions of this article, as provided for in R.S.39:3-79.

b. No person ¹, including, but not limited to, an auto body repair facility,¹ shall install or modify the muffler of a motor vehicle in a manner which amplifies or increases the noise emitted by the motor or muffler of such vehicle above that emitted by the muffler originally installed on the vehicle.

The penalty for violating the provisions of this subsection shall be punishable by a fine not exceeding $500, or by imprisonment not exceeding ¹[thirty] 30¹ days, or both.

¹c. As used in this section, “auto body repair facility” means the same as the term is defined in section 1 of P.L.1983, c.360 (C.39:13-1).¹

(cf: P.L.2009, c.331, s.1)

3. R.S.39:8-1 is amended to read as follows:

39:8-1. a. Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property in this State, and every vehicle subject to enhanced inspection and maintenance programs pursuant to 40 C.F.R. s.51.356, except motorcycles, historic motor vehicles registered as such, collector motor vehicles designated as such pursuant to this subsection, and those vehicles over 8,500 pounds gross weight that are under the inspection jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes, shall be inspected by designated inspectors or at official inspection facilities to be designated by the commission or at licensed private inspection facilities. Passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 inspected pursuant to this section shall only be inspected for emissions and emission-related items, such as emission control equipment and on-board diagnostics, and excessive or unusual noise of the muffler and exhaust system. The commission shall adopt rules and regulations establishing a procedure for the designation of motor vehicles as collector motor vehicles, which designation shall include consideration by the commission of one or more of the following factors: the age of the vehicle, the number of such vehicles originally manufactured, the number of such vehicles that are currently in use, the total number of miles the vehicle has been driven, the number of miles the vehicle has been driven during the previous year or other period of time determined by the commission, and whether the vehicle has a collector classification for insurance purposes.

b. The commission shall determine the official inspection facility or private inspection facility at which a motor vehicle, depending upon its characteristics, shall be inspected. The commission, with the concurrence of the Department of Environmental Protection, may exclude by regulation from this inspection requirement any category of motor vehicle if good cause for such exclusion exists, unless the exclusion is likely to prevent this State from meeting the applicable performance standard established by the United States Environmental Protection Agency. The commission may determine that a vehicle is in compliance with the inspection requirements of this section if the vehicle has been inspected and passed under a similar inspection program of another state, district, or territory of the United States.

(cf: P.L.2010, c.29, s.1)

4. R.S.39:8-3 is amended to read as follows:

39:8-3. a. No certificate of approval shall be issued by an examiner, official inspection facility or private inspection facility until the motor vehicle inspected successfully passes inspections for emissions and emission-related items, such as emission control equipment and on-board diagnostics [required by the chief administrator], and the mechanism, brakes and equipment, and muffler and exhaust system of the motor vehicle inspected have been found to be in a proper and safe condition and complying with the laws of this State.

b. Notwithstanding subsection a. of this section, passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 that are only inspected for emissions and emission-related items, such as emission control equipment and on-board diagnostics, and the muffler and exhaust system for excessive or unusual noise pursuant to R.S.39:8-1 and that successfully pass such inspections shall be issued a certificate of approval.

c. Notwithstanding the issuance or non-issuance of a certificate of approval, the obligation to ensure that a vehicle is in a proper and safe condition rests with the owner, operator or lessee, as appropriate, of the vehicle.

(cf: P.L.2010, c.29, s.3)

¹5. (New section) a. No person, including, but not limited to, an auto body repair facility, shall sell or offer for sale within the State a muffler or exhaust system that is equipped with a device which amplifies or increases the noise emitted by a motor vehicle.

b. The penalty for the violation of this section shall be consistent with the penalty for violating the provisions of subsection b. of R.S.39:3-70.

c. As used in this section, “auto body repair facility” means the same as the term is defined in section 1 of P.L.1983, c.360 (C.39:13-1).¹

¹6. (New section) a. The Chief Administrator of the New Jersey Motor Vehicle Commission may deny, suspend, or revoke a private inspection facility license or refuse renewal thereof if a private inspection facility, on more than one occasion within a period of 18 months, is found to:

(1) install or modify the exhaust system of a motor vehicle in violation of subsection c. of R.S.39:3-69;

(2) install or modify the muffler of a motor vehicle in violation of subsection b. of R.S.39:3-70; or

(3) improperly inspect a motor vehicle for excessive or unusual noise of the muffler or exhaust system, as required under R.S.39:8-1 and R.S.39:8-3.

b. An entity that contracts with the New Jersey Motor Vehicle Commission to provide inspection services at an official inspection facility shall be subject to a fine of not more than $500 if, on more than one occasion within a period of 18 months, the entity is found to: (1) install or modify the exhaust system of a motor vehicle in violation of subsection c. of R.S.39:3-69; (2) install or modify the muffler of a motor vehicle in violation of subsection b. of R.S.39:3-70; or (3) improperly inspect a motor vehicle for excessive or unusual noise of the muffler or exhaust system, as required under R.S.39:8-1 and R.S.39:8-3.¹

¹[5.] 7.¹ This act shall take effect on the 90th day following enactment.