(2) An exhaust system only meets the requirements of this section if all of the following apply:
(a) The exhaust system must be in good working order.
(b) The exhaust system must be in constant operation.
(c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:
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Maximum
level, Model,
Vehicle type dBA Year
I. Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses 94................................. before
1976
91................................. 1976 and
after
II. Motorcycles and
mopeds 94................................. before
1976
91................................. 1976
89................................. after 1976
III. Motor vehicles
not described
under I or II 92................................. before
1976
88................................. 1976 and
after
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(3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS 805.020 and that are:
(A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or
(B) Street rods that conform to ORS 815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.
(4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section.
(5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation. [1983 c.338 §496; 1985 c.16 §257; 1985 c.393 §23; 1997 c.402 §15; 2015 c.138 §34]