Could it be that the Feds have established a maximum standard and the states for the most part have accepted that standard or gone beyond, which would make the bike likely illegal even in its home state? Just because they don't get busted for the illegal pipe at home doesn't make it OK in another state.

 

They can't and don't. In FL, the license tag can be side mounted but must be horizontal not vertical. I you have an out of state vertical tag you can't be legally ticketed for it because your home state laws apply.

Non EPA exhaust pipes are another issue, that's a federal, not a state law. Places in FL and many other states are choosing to, and have the right to enforce it. It is a federal law and can be enforced anywhere in the US.

 

Can someone take a picture of the approved EPA stamp and post it here?

1 talented tool & die maker + 1 enterprising small businessman who works for cash = ???

.......Just sayin'.

 

Go back to post #12 and click on the link. When you go through the pages of the link you will see various bike exhaust with the stamping on them.

 

There has to be more to it than this Charley. If you are a state law enforcement body you write citations under the authority of that state, which is not under the authority of the Fed. The same holds true for a Federal Officer who writes a citation within a given state. If that officer (Fed) isn't post certified he can not write a citation using the states code. Rather, he will write the citation under the CFR. The other side of this is the Judge you will face. In the state you will go to the local court however, if the citation is written by the Fed then you will go to a Federal Magistrate and this could be miles away. An example of this would be when I worked for the US Forest Service. If a local officer wrote you a citation you would go to the San Bernardino court however, if I wrote that citation you where headed for Victorville, which in some cases could be 100 miles away.

 

While normally, counties, cities, municipalities, etc. do not enforce federal laws, all it takes is an official directive from the governing (county, city, municipality, etc.) commission, authorizing and directing it's LEA to enforce it.

Whether you like it or not or believe it's illegal, this is in fact what's happening more and more in cities and municipalities all over the US, where residents have gotten fed up with noise or just decided to discriminate against bikers.

While a number of riders have been able to beat some these tickets on the basis that LEO had no reasonable suspicion to make the stop in the first place since no db sound measurement was done, the fact remains that if they find a reason or walk by your parked bike on a public street, they can cite you.

 

I just went outside and looked at my sporty. Did I see a stamp? No. Is it stock? Yes. Did I look very well? I did glance in my mirror and I was sorta handsome.... Anyhoo...I did not see this stamp, but I didn't crawl under my bike either.

 

I looked on my Sporty, factory pipes, and did find some writing on the underside of the pipes. Print was so small that it would take a magnifying glass to read it.

For all I know, the writing could have said "F**k EPA."

 

I agree it's happening and I would also agree the law they are using may mimic the federal standard which is 40 CFR205.169 however, I would like to see the citation as it is written because I'll wager it falls under their own code and not that of the Fed. Many of the current noise regs fall under the Fed ruling in terms of limitations but the codes they are using are not those of the Fed. The only thing I really question about this is the broadness of the law as written for NYC and the fact the stamps are often almost impossible to find as represented by the study done right there in NYC and at NYC motorcycle dealers. Interestingly, the only way they could see the stamp on a bagger exhaust was to remove the hard bag. Now how many cops or city workers are going to remove that hard bag?

 

I think the larger question is how many baggers that are bone stock are going to get confiscated because the city worker can't see the tag and what will be their fix for that problem?