Section 41-6a-1626 - Mufflers - Prevention of noise, smoke, and fumes - Air pollution control devices(1)(a) A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise.(b) A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation.(c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.(2)(a) The engine and power mechanism of a gasoline-powered motor vehicle may not emit visible contaminants during operation unless: (i) the engine of the motor vehicle is being warmed to the recommended operating temperature; or(ii) the motor vehicle is exempt from an emissions inspection under Section 41-6a-1642.(b)(i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the vehicle's maximum tow weight.(ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible contaminants during operation:(A) except while the engine is being warmed to the recommended operating temperature or under a heavy tow; or(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight rating in excess of 26,000 pounds.(iii) A diesel engine manufactured before January 1, 2008, may not emit visible contaminants of a shade or density that obscures a contrasting background by more than 20%, for more than five consecutive seconds: (A) except while the engine is being warmed to the recommended operating temperature or under a heavy tow; or(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight rating in excess of 26,000 pounds.(c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction and shall be fined:(i) not less than $50 for a violation; or(ii) not less than $100 for a second or subsequent violation within three years of a previous violation of this section.(d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction and shall be fined:(i) not less than $100 for a violation; or(ii) not less than $500 for a second or subsequent violation within three years of a previous violation of this section.(e)(i) As used in this section:(A) "Local health department" means the same as that term is defined in Section 26A-1-102.(B) "Nonattainment area" means a part of the state where air quality is determined to exceed the National Ambient Air Quality Standards, as defined in the Clean Air Act Amendments of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).(ii) Within a nonattainment area, for a second or subsequent violation of Subsection (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular interval.(iii) If the local health department receives a notification as described in Subsection (2)(e)(ii), and the local health department determines that the registered vehicle is unable to meet state or local air emission standards, the local health department shall send notification to the Motor Vehicle Division.(3)(a) If a motor vehicle is equipped by a manufacturer with air pollution control devices, the devices shall be maintained in good working order and in constant operation.(b) For purposes of the first sale of a vehicle at retail, an air pollution control device may be substituted for the manufacturer's original device if the substituted device is at least as effective in the reduction of emissions from the vehicle motor as the air pollution control device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle class.(c) A person who renders inoperable an air pollution control device on a motor vehicle is guilty of an infraction.(4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean fuel, as defined under Section 59-13-102, when the emissions from the modified or altered motor vehicle are at levels that comply with existing state or federal standards for the emission of pollutants from a motor vehicle of the same class.(5) A violation of Subsection (1), (2), or (3) is an infraction.Amended by Chapter 242, 2024 General Session ,§ 4, eff. 11/1/2024.Amended by Chapter 282, 2021 General Session ,§ 19, eff. 7/1/2021.Amended by Chapter 461, 2019 General Session ,§ 3, eff. 5/14/2019.Amended by Chapter 303, 2016 General Session ,§ 15, eff. 5/10/2016.Amended by Chapter 412, 2015 General Session ,§ 118, eff. 5/12/2015.Amended by Chapter 15, 2015 General Session ,§ 1, eff. 5/12/2015.Renumbered and Amended by Chapter 2, 2005 General Session