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2023 SESSION

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23103884D
SENATE BILL NO. 1085 Offered January 11, 2023 Prefiled January 9, 2023 A BILL to amend and reenact §§ 46.2-1047 and 46.2-1165 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-1049.1, relating to motor vehicle exhaust systems; aftermarket amplifying devices; inspections. ---------- Patron-- Ebbin ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.2-1047 and 46.2-1165 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-1049.1 as follows:

§ 46.2-1047. Muffler cutout, etc., illegal.

It shall be is unlawful to sell or offer for sale any (i) muffler without interior baffle plates or other effective muffling device or; (ii) gutted muffler, muffler cutout, or straight exhaust; or (iii) mechanical or electronic device designed to create or amplify noise emitted by a motor vehicle, moped, or motorized skateboard or scooter that is louder than the noise emitted by the motor vehicle, moped, or motorized skateboard or scooter as originally manufactured. It shall be is unlawful for any person to operate on the highways in the Commonwealth a motor vehicle, moped, or motorized skateboard or foot-scooter scooter equipped with a gutted muffler, muffler cutout, or straight exhaust, or any mechanical or electronic device designed to create or amplify noise emitted by a motor vehicle, moped, or motorized skateboard or scooter that is louder than the noise emitted by the motor vehicle, moped, or motorized skateboard or scooter as originally manufactured.

§ 46.2-1049.1. Limitations on exhaust system noise level.

No person shall operate any motor vehicle, moped, or motorized skateboard or scooter with a gross weight of 10,000 pounds or less with an exhaust system that emits noise equivalent to noise in excess of 85 decibels as measured from a distance of 50 feet (i) on any highway; (ii) in any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; (iii) on the premises of any industrial establishment providing parking space for customers, patrons, or employees; or (iv) on any highway under construction or not yet open to the public.

§ 46.2-1165. Regulations for inspection of vehicles; posting.

The Superintendent shall promulgate regulations for the inspection of motor vehicles under this title and shall furnish each official inspection station with a printed set of such regulations suitable for posting. Such station shall post the regulations in a conspicuous place in the portion of its premises where inspections are made and shall cause its employees making official inspections to be conversant with such regulations. Such regulations shall require the inspection of motor vehicles for compliance with § 46.2-1047.