Bill 229 2007

An Act to amend the Highway Traffic Act with respect to muffler noise

Note: This Act amends the Highway Traffic Act.  For the legislative history of the Act, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 75 (1) of the Highway Traffic Act is repealed and the following substituted:

Noise, smoke, bells and horns

Muffler

   (1)  No person shall operate a motor vehicle or motor assisted bicycle unless it is equipped with a muffler that is,

  (a)  operating;

  (b)  in good working order; and

   (c)  sufficient to prevent excessive or unusual sound and excessive or unusual smoke.

Same

   (1.1)  No person shall operate a motor vehicle or motor assisted bicycle equipped with a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device.

Same

   (1.2)  No person shall modify a muffler to increase the sound output of a motor vehicle or motor assisted bicycle.

Same

   (1.3)  No person shall install a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device on a motor vehicle or motor assisted bicycle.

Same

   (1.4)  No person shall operate a motor vehicle or motor assisted bicycle that produces sound at levels exceeding either of the following:

    1.  The sound levels specified in Schedule V.I to the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada).

    2.  A sound level prescribed under section 75.1.

   2.  Subsection 75 (2) of the Act is amended by striking out "Subsection (1) does not apply" and substituting "Subsections (1.1), (1.2), (1.3) and (1.4) do not apply".

   3.  The Act is amended by adding the following section:

Regulations, noise levels

   75.1  The Lieutenant Governor in Council may make regulations prescribing sound levels for the purpose of subsection 75 (1.4) that are lower than the sound levels specified in Schedule V.I to the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada).

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Highway Traffic Amendment Act (Muffler Noise), 2007.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to prohibit the operation of a motor vehicle or motor assisted bicycle that is not equipped with an operational muffler, in good working order, that prevents excessive or unusual noise and smoke.  The installation and modification of mufflers to increase sound output is also prohibited, as is the operation of a motor vehicle or motor assisted bicycle that produces noise above the allowed levels.