Legal or illegal..SLP loudmouth exhaust

[Snuffalofogus]

im in california. CALIFORNIA and i havnt been pulled over once. if i can get through california w/o any probs, you can.

my brother in law is a CHP, he checked out my exhaust, noted that there IS a resonater and said "you're safe"

[mjparme]

<blockquote>quote:</font><hr> but if you took law classes at all you'd know that local or state law's can not out rank Federal. If it's legal at a Federal level it can't be ranked illegal at a state level. but if Federal regulations don't have a standard or allow state's to regulate also then it could be illegal. i just called my old law teacher to ask about this. If a federal law allows something that a state law may not it goes to the high courts. usually the government allows states to make their own vehicle laws though so you could be in trouble. <hr></blockquote>

The federal government does have minimum standards when it comes to exhaust emissions. However, states and localities are free to have stricter laws. Theoretically the Federal government can only make laws with the powers granted to it in the U.S. Constitution (although this is becoming less and less true these days). Cars generally fall under the Interstate Commerce clause which is why the federal government can regulate them.

[ January 27, 2004: Message edited by: mjparme ]</p>

[mjparme]

<blockquote>quote:</font><hr>Guys, federal laws outweigh state and local laws ALL THE TIME. there is no argument about it.
If federal law bans abortion, and a state says its legal, ITS NOT! Federal law outweighs all state laws, no matter WHAT!

Federal govt. has final say...<hr></blockquote>

Sadly this is becoming true these days. Although it certainly isn't supposed to be this way. Refer to the 10th amendment of the United States Constitution (which is largely ignored by Congress and the Courts).

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[ellik]

Guys, the sound violation has nothing to do with passing inspection or not passing inspection. It is a local law. Its like owning a dog. It is legal at both state and federal levels to own a dog. It is legal for the dog to take a crap. Local ordinances can fine you for letting the dog take a crap on public property and leaving it there to "offend" others. Same thing with the exhaust. It may pass emissions, but if you are tooling around town with an obnoxiously loud exhaust, they can ticket you for a noise violation... if they have one in effect. Also the same thing as public intoxication... legal to drink, legal to be drunk, but you could get a ticket for staggering down the sidewalk talking to yourself.

[ January 27, 2004: Message edited by: ellik ]</p>