Amends TCA Section 55-9-202.

Present law prohibits a person from driving a motor vehicle on a road, street or highway unless the motor vehicle is equipped with a muffler in good working order and in constant operation to prevent the following:<br /> <br /> (1) Excessive or unusual noise; and<br /> <br /> (2) Annoying smoke.<br /> <br /> Present law provides that a violation is a Class C misdemeanor.<br /> <br /> This bill clarifies that demonstrating that a muffler is not in good working order can be established by showing that the muffler either produces excessive or unusual noise, or produces annoying smoke.<br /> <br /> ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 434, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Clarifies that this bill does not apply to farm tractors or implements of husbandry;<br /> <br /> (2) Clarifies that "excessive or unusual noise" includes motor noise emitted by a motor vehicle, other than a motorcycle, that is noticeably louder than a similar vehicle in the environment and a sound pressure level in excess of 95 decibels; and<br /> <br /> (3) Provides that 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 95 decibels. <br />