(1) 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 cut-out, bypass,
or similar device upon a motor vehicle on a highway.
(2)(a) No motor vehicle first sold and registered as a new
motor vehicle on or after January 1, 1971, shall discharge into
the atmosphere at elevations of less than three thousand feet any
air contaminant for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No. 1
on the Ringelmann chart, as published by the United States bureau
of mines; or
(ii) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in
subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to
January 1, 1971, shall discharge into the atmosphere at
elevations of less than three thousand feet any air contaminant
for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No. 2
on the Ringelmann chart, as published by the United States bureau
of mines; or
(ii) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in
subsection (b)(i) above.
(c) For the purposes of this subsection the following
definitions shall apply:
(i) "Opacity" means the degree to which an emission reduces
the transmission of light and obscures the view of an object in
the background;
(ii) "Ringelmann chart" means the Ringelmann smoke chart
with instructions for use as published by the United States
bureau of mines in May 1967 and as thereafter amended,
information circular 7718.
(3) No person shall modify the exhaust system of a motor
vehicle in a manner which will amplify or increase the noise
emitted by the engine of such vehicle above that emitted by the
muffler originally installed on the vehicle, and it shall be
unlawful for any person to operate a motor vehicle not equipped
as required by this subsection, or which has been amplified as
prohibited by this subsection. A court may dismiss an infraction
notice for a violation of this subsection if there is reasonable
grounds to believe that the vehicle was not operated in violation
of this subsection.
This subsection (3) does not apply to vehicles twenty-five
or more years old or to passenger vehicles being operated off the
highways in an organized racing or competitive event conducted by
a recognized sanctioning body.
[2006 c 306 § 4; 2001 c 293 § 1; 1977 ex.s. c 355 § 33; 1972 ex.s. c 135 § 1; 1967 c 232 § 3; 1961 c 12 § 46.37.390. Prior: 1955 c 269 § 39; prior: 1937 c 189 § 36; RRS § 6360-36; RCW 46.36.050; 1927 c 309 § 17; 1921 c 96 § 21; 1915 c 142 § 20; RRS § 6362-17.]
NOTES:
Rules of court: Monetary penalty schedule -- IRLJ 6.2.
Severability -- 1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles -- Additional requirements and limitations: RCW 46.37.539.