2021 Code of Virginia
Title 46.2 - Motor Vehicles
Chapter 10 - Motor Vehicle and Equipment Safety
§ 46.2-1049. Exhaust system in good working order
A. No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise, provided, however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment or other equipment that has been submitted to and approved by the Superintendent or meets or exceeds the standards and specifications of the Society of Automotive Engineers, the American National Standards Institute, or the federal Department of Transportation.
As used in this section, "exhaust system" means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.
Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.
The provisions of this section shall not apply to (i) any antique motor vehicle licensed pursuant to § 46.2-730, provided that the engine is comparable to that designed as standard factory equipment for use on that particular vehicle, and the exhaust system is in good working order, or (ii) converted electric vehicles.
B. No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
Code 1950, § 46-305; 1952, c. 455; 1956, c. 651; 1958, c. 541, § 46.1-301; 1960, c. 120; 1970, c. 266; 1972, c. 66; 1989, c. 727; 2006, cc. 529, 538; 2012, c. 177; 2015, cc. 77, 165; 2018, c. 655; 2020, Sp. Sess. I, cc. 45, 51.
