Prohibits modification of mufflers and exhaust systems to produce audible sounds; increases penalties for violations.

A1092

ASSEMBLY, No. 1092

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROBERT D. CLIFTON

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Sauickie

SYNOPSIS

���� Prohibits modification of mufflers and exhaust
systems to produce audible sounds; increases penalties for violations.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning motor vehicle muffler and exhaust
systems and amending R.S.39:3-69 and R.S.39:3-70.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. R.S.39:3-69 is amended to
read as follows:

���� 39:3-69.�
a.
Every
motor vehicle except a motor-drawn vehicle when operated upon a highway shall
be equipped with a horn in good working order and capable of emitting sound
audible under normal conditions from a distance of not less than 200 feet, but
no horn or other warning device shall emit an unreasonably loud or harsh sound
or a whistle. The driver of a motor vehicle shall, when reasonably necessary to
insure safe operation, give audible warning with his horn but shall not
otherwise use such horn when upon a highway.

����
b.
No vehicle shall be
equipped with nor shall any person use upon a vehicle any siren, whistle or
bell except as otherwise permitted in this section.� It is permissible but not
required that any vehicle be equipped with a theft alarm signal device which is
so arranged that it cannot be used by the driver as an ordinary warning
signal.�

���� Any emergency vehicle
authorized by the commission may be equipped with a siren, whistle, or bell
capable of emitting sound audible under normal conditions from a distance of
not less than 500 feet and of a type approved by the commission, but such siren,
whistle or bell shall not be used except when such vehicle is operated in
response to an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which said latter events the driver of such
vehicle shall sound said siren, whistle or bell when necessary to warn
pedestrians and other drivers of the approach thereof.

����
c.
No person shall
install or
[
use
on
]

modify

the exhaust system of any motor vehicle
[
any
device which emits an
]

in a manner which amplifies or increases the
audible sound
[
unless
authorized to do so by the commission
]

emitted by the motor or exhaust system of such vehicle above that emitted by
the motor or exhaust system originally installed on the vehicle.�

����
The penalty for the
violation of this subsection shall be consistent with the penalty for violating
the provisions of subsection b. of R.S.39:3-70
.
�

����
d.
No bicycle shall be
equipped with nor shall any person use upon a bicycle any siren or whistle.

����
e.
The commission is
hereby authorized in its discretion to promulgate standards concerning the
audibility of audible warning devices.

����
f.���� Except as provided
for in subsection c. of this section, the penalty for violating the provisions
of this section shall be consistent with the penalty for violating the
provisions of this article, as provided for in R.S.39:3-79.

(cf: P.L.2003, c.13, s.45)

���� 2.��� R.S.39:3-70 is amended
to read as follows:

���� 39:3-70. �
a.
Every
motor vehicle having a combustion motor shall at all times be equipped with a
muffler in good working order and in constant operation to prevent excessive or
unusual noise and no person shall use a muffler cut-out, bypass, or similar
device upon a motor vehicle on a highway.

����
The penalty for the
violation of this subsection shall be consistent with the penalty for violating
the provisions of

R.S.39:3-70.

����
b. �No person shall install
or modify the muffler of a motor vehicle in a manner which amplifies or
increases the noise emitted by the motor or exhaust system of such vehicle
above that emitted by the muffler originally installed on the vehicle.

����
The penalty for violating
the provisions of this subsection shall be punishable by a fine not exceeding
$500, or by imprisonment not exceeding thirty days, or both.

(cf: P.L.2009, c.331, s.1)

���� 3. �This act shall take effect
on the 90th day following enactment.

STATEMENT

���� This bill prohibits the
installation or modification of the muffler or exhaust system of a motor
vehicle in a manner which amplifies or increases the noise emitted by the
muffler or exhaust system of the motor vehicle above that emitted by the
muffler or exhaust system originally installed on the vehicle.

���� Under current law, the penalty
for the unauthorized installation of a device that causes the exhaust system to
emit an audible sound and the failure to have muffler good working to prevent
excessive or usual sound is $25.

���� The penalty for violating the
provisions of the bill is a fine not exceeding $500, or imprisonment not
exceeding 30 days, or both.�