Texas
Exhaust Systems
Texas Transportation Code 547.604, "Muffler Required," states: "A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise." Further, "[a] person may not use a muffler cutout, bypass, or similar device on a motor vehicle." So can you have a cutout on your car, even if it's not being used? Probably not-but it's up to you to argue it! This is about all we found for Texas, though we heard whispers that another statute exists which discusses all the ways the state is not to be "messed with."
Nitrous Systems
Texas Health & Safety Code, Chapter 485, includes nitrous oxide under its list of so-called abusable volatile chemicals, though it states a person commits an offense if one "inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner ... contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical; and ... designed to: (A) affect the person's central nervous system; (B) create or induce a condition of intoxication, hallucination, or elation; or (C) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination." It goes on to state that an offense under this section is a Class B misdemeanor. It would seem from the wording of this provision that use of nitrous in a vehicle's engine does not create a violation, but again, there is still the question of permits in Texas.
Conclusion
Hopefully this story series has helped you learn a little more about your state's laws regarding aftermarket exhaust and nitrous oxide systems. And like we said last time, aside from now having some background information on how you might protect yourself if faced with trouble with the law, you should also keep in mind that knowledge of the law helps you be an informed consumer. Educating yourself as to what parts you can safely install on your car in the first place can surely save the time and headache of legal confrontations. For those states where the state of affairs is pretty harsh, let's all work together to get fair and objectively enforceable laws based off of the SEMA models passed!
Special thanks to Jason Tolleson of SEMA, "Pops" Franco, and to the Bergen County Police Department's Captain Uwe Malakas and Patrolman William Peppard for their assistance with this story series and its photography.
The Sema Action
The SEMA Action Network
The Specialty Equipment Market Association (SEMA) isn't just an organization that puts on a huge trade show in Sin City every year. Many readers probably also know that it is dedicated to lobbying against legislation that will harm the hobby, as well as supporting legislation that will foster it. And SEMA has come up with a great way to keep us informed of issues that enthusiasts may need to get involved in: it's called the SEMA Action Network, or SAN. Its purpose is to disseminate information and to rally support of enthusiasts, car clubs, and members of the auto parts industry, amplifying the overall voice of SEMA to the benefit of all.
Indeed, SEMA's SAN had a hand in getting several of the laws you see quoted in this story series passed, where more restrictive laws had been pending. It is able to accomplish this by providing lawmakers with model language that replaces vague and subjective provisions with fair and enforceable standards. One example would be the SEMA model legislation that establishes an exhaust noise-testing standard based on SAE J1169. Under this model, vehicles are certified to be in compliance with the law if during the test, the highest recorded decibel level is under 95 decibels (using the dBA, or "A-weighted" decibels, standard). This is done with a sound meter placed at a specific orientation 20 inches from the exhaust outlet, the car stationary and in neutral, and the engine operating in a steady-state condition of 3/4 maximum rated engine speed. "While this does not take away from law enforcement's ability to cite for loud exhaust systems, it does allow individuals a method of proving that their vehicles meet the 95 decibel standard," says SAN director Jason Tolleson.
In regards to nitrous oxide, SEMA has also written model legislation that allows vehicles to be equipped with nitrous systems, so long as the bottle is disconnected or removed while the vehicle is operated on a public roadway. This is exactly what SEMA helped do in recent years with states like Arkansas and Maine. (In some places, it's even OK to have the system connected if the car is en route to or from a racetrack, car show, or similar off-highway event.) According to Jason, "This compromise approach counters overreaching proposals from some lawmakers who believe that the mere presence of a nitrous system should be a punishable offense.
" How can you help get laws based on this model legislation enacted in your state? "It's simple," says Jason. "Visit the SAN Web site (www.semasan.com), download the model legislation, and pass it along to your state lawmakers. Once a bill is introduced, the SAN will mobilize its members in your state to help get it passed!" For more information, contact the SAN at the phone number below.