A. Every motor vehicle 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 cutout, bypass or similar device upon a motor vehicle on a highway.
B. The muffler, emission control equipment or device, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
C. Every registered gasoline-fueled motor vehicle manufactured or assembled, commencing with the 1968 models, shall at all times be equipped and maintained in good working order with the factory-installed devices and equipment or their replacements designed to prevent, reduce or control exhaust emissions or air pollution.
History: 1941 Comp., § 68-2544, enacted by Laws 1953, ch. 139, § 152; 1953 Comp., § 64-20-44; Laws 1970, ch. 59, § 1; recompiled as 1953 Comp., § 64-3-844, by Laws 1978, ch. 35, § 150.
Noise produced by "smitty" or "Hollywood" muffler is such as could be classed as "excessive" or at least "unusual" within the meaning of this section. 1955 Op. Att'y Gen. No. 55-6204.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 194, 790.
Products liability: motor vehicle exhaust systems, 72 A.L.R.4th 62.
60 C.J.S. Motor Vehicles § 26; 60A C.J.S. Motor Vehicles § 260.
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