(a) It is unlawful for a person to drive a motor vehicle on a road, street, or highway if the motor vehicle is not equipped with a muffler in good working order and in constant operation. A motor vehicle’s muffler is deemed to be not in good working order or in constant operation if the motor vehicle produces excessive or unusual noise or annoying smoke.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-9-202

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) It is unlawful to use a “muffler cutout” on any motor vehicle upon any road, street or highway.
(c) This section does not apply to farm tractors or implements of husbandry, as those terms are defined in § 55-8-101.
(d) For purposes of this section, “excessive or unusual noise” includes motor noise emitted by a motor vehicle, other than a motorcycle, that is noticeably louder than similar vehicles in the environment and a sound pressure level in excess of ninety-five decibels (95 dB).
(e) It is a defense to prosecution regarding excessive or unusual noise if the person provides satisfactory evidence that the vehicle’s muffler does not emit noise in excess of ninety-five decibels (95 dB) as measured in accordance with applicable standards and specifications outlined by the Society of Automotive Engineers.
(f) A violation of this section is a Class C misdemeanor.
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