Virginia Exhaust Overview
Virginia’s exhaust regulations are not limited to mufflers alone. The applicability of the exhaust laws is set forth in 46.2-1012 of the Code of Virginia. This section provides in part:
§ 46.2-1012. Mufflers, prevention of excessive smoke, etc.
No person shall use upon a vehicle registered in the Commonwealth any exhaust system which has been modified in such a manner as to amplify or increase the noise of the exhaust. No person shall use upon a motor vehicle owned or operated by him which is registered in the Commonwealth any device known as "cut out," "by pass," or "straight piping," or other exhaust system which will amplify or increase the noise of the exhaust emitted by the motor.
Every new motor vehicle registered in the Commonwealth after January 1, 1970, other than motorcycles and motor carriers manufactured in accordance with safety regulations promulgated by the Interstate Commerce Commission, shall be equipped with a muffler . . . . Every motorcycle manufactured after [January 1, 1976] shall be equipped with an adequate muffler . . . .
Any person violating the provisions of this section shall be subject to a fine of five dollars for the first offense, ten dollars for the second offense, and fifteen dollars for any subsequent offenses . Conviction of a third or subsequent offense under this section shall be punishable as a Class 3 misdemeanor. The provisions of this section shall not apply to off-road vehicles.
The exhaust laws are important for both safety and environmental reasons. Modifications which affect the exhaust system can result in increased noise, or particularly in the case of racing, the risk that excessive emissions will affect air quality. Consequently, the exhaust laws are intended to prevent pre-existing problems from worsening.
The application of the exhaust laws extend to any motor vehicle registered in Virginia, and those who operate the vehicles. Thus, regardless of whether you were personally involved in the modification or use of a motor vehicle which violated the exhaust laws, if the vehicle was registered in Virginia the law might still apply to you.
It is important to note that police officers have no special training with regard to exhaust noise. Although they might have a general idea of how loud a vehicle’s exhaust noise might be, there is no official, objective measurement for them to rely upon.
Major Equipment of an Exhaust
The key components of Virginia exhaust laws are centered around the regulation of two primary elements: emissions controls and noise levels. The goal of the law is to regulate both toxins and noise, which can be hazardous to health, as well as the environment.
Emissions controls are enforced at both the state and federal level for motor vehicles, boats, and other motorized equipment in the Commonwealth of Virginia. Regulated by the United States Environmental Protection Agency (EPA), emissions controls work to limit the amount of emissions released into the air. When an exhaust system malfunctions and releases emissions into the air that are hazardous to human health and the environment, the EPA has a wide variety of regulations and penalties it can assign.
In Virginia, noise emissions from vehicles are regulated by the Department of Environmental Quality (DEQ). The DEQ is responsible for implementing and enforcing state noise regulations. The state of Virginia prohibits the use of motor vehicles and motorcycles equipped with exhaust systems that are modified to amplify or bypass the noise control devices originally equipped by the manufacturer, or that otherwise cause excessive noises, in areas that are clearly marked and intended to enforce these regulations. In areas outside of noise regulated zones, the law prohibits motor vehicles from exceeding 86 dBA at 15 inches from the exhaust outlet when idling, or 90 dBA at 15 inches continuously accelerating from idle to 2,500 RPM.
Testing for Emissions and Compliance
Virginia requires motorists with exhaust systems equipped with catalytic converters to get emissions testing and compliance. These requirements are issued under Title 46.2 of the Code of Virginia, Article 5, Chapter 6. Essentially, a law enforcement officer may issue a summons to a driver who has failed to obtain testing and compliance for their aftermarket exhaust system.
Virginia’s emissions testing for aftermarket exhaust is issued in 2013 and pertains to 15 passenger car counties (and some neighboring cities):
- Chesterfield County
- Fairfax County
- Fauquier County
- Frederick County
- Hanover County
- Henrico County
- Loudon County
- Manassas City
- Manassas Park City
- Manassas Park Town
- Manassas Park county
- Prince William County
- Spotsylvania County
- Stafford County
- York County
This basically includes all the major cities in Northern Virginia, spots just below Northern Virginia, and a few to the south.
The vehicles subject to emissions compliance are defined in § 46.2-100 and include all automobiles and most trucks and motorcycles. However, some exemptions do apply, including:
- motor homes
- trucks weighing more than 5,001 pounds
- older model motorcycles manufactured prior to 1980
If a law enforcement officer pulls you over and checks your exhaust system, they will verify the emissions sticker. If the emissions sticker is missing, the officer may issue a summons for a failure to obtain emissions compliance or a sticker violation. However, as the "sticker" refers to a label affixed to the catalytic converter by the manufacturer and aftermarket systems often fail to contain a sticker, the officer may issue a summons for a faulty or missing "catalytic converter."
It is also important to note that motor vehicles failing to obtain compliance may be prosecuted with a fine of up to $1,000 and confiscation of the automobile as a whole or in part, including confiscation of the aftermarket system. A first-time offender will likely be found guilty with a fine, however repeated fines will lead to confiscation of the exhaust system.
Fines for Regulatory Breaches
Violations of the exhaust law carry with it a maximum 30 day jail sentence and/or a $500 fine. Carriers are required to either post the fines in cash or obtain a performance bond of one half the fine amount, which money will be forfeited if a violation occurs. The Virginia Department of Motor Vehicles is provided notice of all actions taken by law enforcement officers against carriers and regulations violators. When a carrier is charged with a violation, the carrier has thirty days to remedy the violation or request an administrative hearing. If the carrier remedies the violation, the agency shall dismiss the charges and refund any performance bond that has been posted. If no hearing is requested, the violation will be heard in the General District Court, and a conviction of the violation is reported to the Agency. Any person, firm or corporation who violates any section of this article may, in addition to the penalties hereinbefore set forth, be prohibited from conducting business in Virginia until such time as the violation is cured. Any such prohibition may be lifted by the Agency upon proof of a cure and the posting of a bond or cash deposit equal to 20% of the monetary penalty.
Changes and Aftermarket Exhaust Equipment
One of the primary sources of confusion is what modifications are permitted and prohibited. In most cases, what is essential to remember is that aftermarket exhaust modifications are permitted as long as it does not modify the original manufactured exhaust system beyond factory specifications. The question is often asked "does this modification/part change the emissions regulations?" The answer is usually no, unless highly specialized equipment is used. Unless you are driving a military vehicle or something similar in nature, the sound or performance of your vehicle will not be a major issue.
The Carline Society of America states that the philosophy of modified exhaust is to enhance the sound and performance of an automobile. A common practice is the adaptation of the exhaust system for better sounding, better performing, or for aesthetic appearance. There is no direct language in the Motor Vehicle Code which makes this "illegal", but there are several areas that address various aspects of this practice. For example, the Code section regarding motor vehicle sales states that a car sold must be fitted with a system "required by the manufacturer of … the vehicle…". If the system to be sold is an after market system, then this could be construed as illegal. In practice, the dealers and manufacturers attempt to comply with the statute by stating in their warranty and sales literature that the vehicle systems may exceed the performance of the original system, but comply with all state and federal emissions laws. This could be viewed as partially adhering to the statute, and would make the statute adoptable to vehicle systems that replace the original.
For example, if the person installs and aftermarket exhaust system on a vehicle that is not an original equipment replacement system, then the vehicle must bear identical performance characteristics to those of the original system. In this instance , the person may choose to install a system that does not have the same performance characteristics as the original system. This is not recommended. If the system does not have the same performance characteristics, then the person has altered or modified the vehicle. A well-designed performance exhaust system will improve horsepower without producing excessive sound. Many factory installed systems have marginally effective sound absorbers at the tail pipe. Thus, removal, replacement, or modification of the system would change the sound of the vehicle, and would indicate an alteration or modification.
The regulations section of the Motor Vehicle Code states that a violation of the code includes altering, changing, or failing to maintain any motor vehicle in accordance with regulations promulgated by the Department of Environmental Quality. The Code indicates that "modifications relating to emissions" and "emissions testing requirements" are prohibited acts. The Code provides that it is unlawful for individuals to sell or offer for sale any motor vehicle that fails to comply with Motor Vehicle Code regulations, and that it is unlawful for individuals to purchase, operate, or otherwise use any noncomplying motor vehicle upon public highways.
However, the Code and regulations do not specifically address the issue of "modifications" by individuals. In practice, this means that the department has little control over the actions of these "individuals". Therefore, any dealer or manufacturer should not be obligated to materially conform to the emissions standards, but must still notify the purchaser, in writing, of the purpose of the vehicle modification.
Most jurisdictions, both state and local, do not permit police officers to issue a citation for illegal exhaust sound alone. To the best of our knowledge, most dealers or manufacturers are in compliance with both the law and the regulations.
Top 5 Procedures to Remain Within the Law
For the average vehicle owner, ensuring that your exhaust system is in compliance with Virginia’s strict laws on exhausts, while adhering to the constant pressure to upgrade your system and get a custom sound, can be challenging. Different shops will tell customers different things about whether certain sounds are legal or not. The truth is…if it’s loud, it’s probably not legal. More importantly, if it is clearly modified, it is probably illegal. However, there are a few things you can do to help ensure compliance.
• Do not modify your exhaust system. This is a surefire way to end up with an exhaust that is not compliant with Virginia law. While Virginia allows certain changes where certain criteria are met, if you want certain pipe sizes, mufflers, converters, etc. those all have to be certified and must pass Virginia’s standards. Often, these custom components are not certified and therefore, your vehicle is likely to be in violation of state laws. If you want a louder engine or "popping" when idle, you need to just accept that your vehicle may not be legal.
• Change your engine oil often and pay attention to levels. While this may sound obvious for any car owner who wants to preserve his or her vehicle, it is especially important when talking about exhaust. Unburned fuel from a poorly functioning engine can build up in an exhaust system, causing more wear and tear on any exhaust components. This may lead to more mechanical failure of your exhaust system, i.e. mufflers, pipes, hangers etc. Understand that damage to your exhaust system can lead to sound system failure (i.e. a 4" diameter muffler will not sound the same as an 8" diameter muffler) which can create sound system violations. Basically, maintain your engine and your exhaust system.
• Use OEM parts as replacements. You can still find OEM parts for vehicles that are 5-10 years old, even if you have to go to a junk yard. Keep OEM parts on your vehicle as long as possible to avoid modifying the exhaust system too much, which would put you at risk of violating Virginia’s laws. Using OEM parts, while not usually ideal for a "loud" sound system, will help keep your vehicle compliant and out of trouble with law enforcement.
Perhaps the most important thing a vehicle owner can do is educate themselves about Virginia’s emissions and exhaust laws. The best resource for that is the DEQ’s website. Even if you are not considering any alterations to your vehicle’s exhaust system, if you follow these tips, you should be able to avoid most of the issues that cause vehicle owners so much headache when dealing with police officers and the legal system. Most importantly, if you follow the DEQ’s recommendations you may very well keep your vehicle compliant with Virginia exhaust laws. In essence, understanding that you can easily fix problems with your exhaust system early on, rather than trying to get a mechanic to certify something past the point that it should be certified, is going to make a significant difference in the headaches you encounter.
Shifts in Regulations to Anticipate
As technology continues to advance, so do the environmental regulations that govern vehicular emissions. In Virginia, the Department of Environmental Quality (DEQ) is tasked with enforcing the exhaust laws and implementing new changes. While the details of future legislation remain uncertain, we can make some estimations based on current trends. One area of concern for regulators and one that is likely to shape future exhaust laws is the presence of excess soot or particulate matter. Some experts suggest that stricter laws will target vehicles that emit excessive levels of soot, citing research that links excessive inactivity to a dramatic increase of harmful pollution. It is likely that future emissions laws will require regular monitoring for soot and other harmful particulates and use advanced testing methods to ensure compliance.
Another possible trend may be towards more stringent noise regulations for aftermarket exhaust systems. With the growing popularity of aftermarket exhaust modifications among performance enthusiasts, noise ordinances may come into play to limit decibel levels for street-legal vehicles. Future generations of vehicle owners may be facing new restrictions on not only emissions but also noise, which may result in a restructuring of aftermarket systems.
It is also likely that future exhaust laws may place a greater emphasis on emissions reduction technology. Over the past 10 years, manufacturers have introduced a number of new technologies to accomplish this task, including diesel particulate filters (DPFs), selective catalytic reduction (SCR), and diesel oxidation catalysts (DOCs). However, as many of these systems must be replaced during routine maintenance, they are becoming increasingly more expensive to maintain.
Nevertheless, the future of exhaust regulations in Virginia likely involves a greater focus on emissions control technology as well as new monitoring systems to ensure compliance. With the current trend away from traditional gasoline-powered vehicles and towards electric and alternative energy, it is very possible that future legislation may seek to either encourage or discourage certain systems to effect a more environmentally friendly fleet of vehicles. Whether this means more scrutiny on diesel vehicles, more advanced testing methods, or new restrictions on aftermarket products will remain to be seen.
This evolving landscape can leave vehicle owners, legislators, and industry professionals in uncertain territory. Manufacturers, policymakers, and consumers alike must stay informed on a local, state, and national level, so as not to fall on the wrong side of the fence when it comes to exhaust regulations.
The Most Commonly Asked Questions about Virginia Exhaust
People have a lot of questions about the Virginia exhaust laws. Here are a few commonly asked questions about Virginia emissions standards and laws.
1. Am I exempt from emissions testing in Virginia?
If you own a car that is 25 years old or older (1995 or earlier), or if you are a mechanic that owns or leases a commercial garage to service motor vehicles, you are exempt from emissions testing.
2. What are some of the requirements for passing a Virginia emissions inspection?
Vehicle shall not be equipped with an exhaust system that has any leak or any device for the purpose of noise suppression that would cause noise greater than 95 decibels. Vehicle shall not be equipped with a catalytic converter which has been modified with a pipe of any type or other means to allow bypassing of the catalytic converter or rendering the catalytic converter inoperative. No vehicle shall have a muffler that makes any noise louder than is emitted by a typical muffler of equal size and design. Any modification or use of an exhaust system or catalytic converter that is not approved for the year of vehicle in accordance with rules and regulations of the department or the United States Environmental Protection Agency shall not be approved.
3. How much does an emissions inspection cost?
The price of emissions testing pricing can vary based on location and a vehicle’s specific needs. Typically , testing is between $10-25 if all you need is emissions, or between $30-75 if you need "state safety" inspections as well. If your vehicle fails, you may want to invest in getting it repaired at the mechanic. The location you choose to have these emissions and/or state safety inspections done will determine how much they cost.
4. What happens if I fail my emissions inspection in Virginia?
If you fail your emission inspection, you will receive a Failure Notice. The notice will specifically detail how many days you have left to exist with the failure notice before you are asked to pay a fine or fee.
5. What happens if I fail my emissions inspection in Virginia?
The cost of failing your inspection will vary based on the area you live in. You will be required to pay a fine or fee. The amount that you will need to pay will be noted on the Failure Notice. You will fail your inspection if you have a "Check Engine Soon Light" on your dashboard, regardless of what is triggering it.