The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.272

316.272 Exhaust systems, prevention of noise.—

(1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 72-39; s. 1, ch. 73-89; s. 27, ch. 79-65; s. 135, ch. 94-356; s. 204, ch. 99-248; s. 30, ch. 2006-1.

F.S. 316.272 on Google Scholar

F.S. 316.272 on Casetext

Amendments to 316.272

Arrestable Offenses / Crimes under Fla. Stat. 316.272

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.272.

Civil Citations / Citable Offenses under S316.272

R or S next to points is Mandatory Revocation or Suspension

S316.272 MUFFLER - No/Improper (cutouts, bypass, etc.) - Points on Drivers License: 0

S316.272 (1) Loud defective muffler - Points on Drivers License: 0

S316.272 (2) Emit excess exhaust fumes - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . performance ability of brakes), § 316.263 (maintenance of brakes), § 316.271 (horns and warning devices), § 316.272 . . .

STATE v. GIBSON, 560 So. 2d 1370 (Fla. Dist. Ct. App. 1990)

. . . See § 316.272(1), Fla.Stat. (1989). . See Monroe v. . . .

STATE v. COBBS,, 411 So. 2d 212 (Fla. Dist. Ct. App. 1982)

. . . operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise,” Section 316.272 . . . be excessive noise, the officer had a founded and articulable suspicion that a violation of Section 316.272 . . . finding that because the defendant was not ultimately arrested or prosecuted for a violation of Section 316.272 . . .

STATE v. WILLIAMS, 45 Fla. Supp. 208 (Fla. Cty. Ct. 1977)

. . . of the Boca Raton Police Department who issued him a traffic citation for violating Florida Statute 316.272 . . . , 343 So.2d 35 (Fla. 1977) —this holding is explicitly limited to subsection 2), of Florida Statute 316.272 . . . Accordingly, it is ordered ánd adjudged that Florida Statute 316.272(2) is found to be unconstitutional . . .