Fine for sports muffler per year. What is the penalty for a "forward flow" muffler? High noise and increased concentration of harmful substances in exhaust gases

State Duma deputies want to introduce a fine of 10 thousand rubles. for owners of excessively noisy motorcycles. Bikers should be severely fined, parliamentarians say, because they keep residents awake at night. Experts say that in practice it will be extremely difficult to catch violators. The bikers themselves claim that the noise allows them to remain visible in the stream and thus save their lives.

Amendments to the Code of Administrative Offenses are being prepared by Mikhail Bryachak, Deputy Chairman of the State Duma Transport Committee (Fair Russia). Today, the owner of a motorcycle that is too noisy can be fined 500 rubles. under one of the two articles of the Code of Administrative Offenses. This may be a “malfunction of the exhaust system”, in which the operation of a car or motorcycle is prohibited (part 1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation), or the operation of vehicles with excess noise levels (article 8.23 of the Code of Administrative Offenses of the Russian Federation). Mr. Bryachak wants to increase the fine to 10,000 rubles by introducing the evacuation of violators' motorcycles to the impound lot.

“The motorcycle season has begun, and it is already clear that motorcyclists are abusing violations of environmental standards, in particular sound ones, by installing direct currents (prohibited direct-flow mufflers.- "b"), - said Mr. Bryachak. - These sounds create problems for people who need rest. Sanctions are needed here.” The deputy reminded Kommersant about the incident that occurred in July 2015, when a Krasnoyarsk pensioner shot a biker with a hunting rifle for excessive noise from a motorcycle. “To avoid such situations, in May we will introduce amendments to the Code of Administrative Offenses, and in June we will adopt them so that people can relax in the summer,” Mr. Bryachak told Kommersant. According to him, the new sanctions will also affect the owners of cars that are too loud, but 98% of the noise still falls on motorcyclists.

The idea of controlling excessively noisy motorcycles has been discussed by the authorities for a long time. Regional UGIBDD, following complaints from local residents, regularly conduct special raids to catch racers on cars and motorcycles. In 2015, Anton Kulbachevsky, head of the Moscow Department of Natural Resources, proposed introducing a “special round-the-clock noise service under the traffic police” to control bikers.

Denis Zagarin, deputy general director of FSUE NAMI, explained to Kommersant that the permissible noise levels for motorcycles in the Russian Federation are determined by UN standards: they cannot exceed 73–77 dB, depending on the weight / power ratio of the motorcycle. “Direct currents or their varieties are easy to identify on the road,” he says. “No special skills are required from the inspector, because, as a rule, we are talking about prohibitive noise, which can reach 100 dB in acceleration mode.” Excessive noise can be identified with a household sound level meter, and the installation of a straight-through muffler can be determined visually, he says: such a change in the design of a motorcycle is already considered illegal.

United Russia was skeptical about Mr. Bryachak's idea. “An increase in sanctions may be required, but the fine should be commensurate with the deed,” says deputy Vyacheslav Lysakov. “Today we have a fine of 5,000 rubles for running a red light again, and this is a much more dangerous violation. But the point here is not even a fine, but the inevitability of punishment - will the traffic police work to stop the actions of such violators? Kommersant failed to get a comment from the UGIBDD in Moscow.

“The loud sound of a motorcycle is a way for a biker to stay alive, because the noise makes him more noticeable in the stream,” says Yevgeny Vdovenko, president of the 77RUS motorcycle club. “If deputies take up motorcycles, why aren’t other sources of noise, such as lawn mowers, regulated?” He noted that "in any social group there are not very cultured people", whether they are motorcyclists, car owners or musicians. “Normal bikers don’t install straight-through mufflers,” he says. “And hooligans don’t get fines, they will buy a moped for 20 thousand rubles, remove the muffler and drive without documents, no one will even catch them.”

Fans of loud driving not only annoy passers-by and residents of neighboring houses, but can also scare a child or wake a baby sleeping in a stroller, and provoke a headache attack in older people.

This is especially unpleasant in the evening and at night, when it's time to go to bed. Minutes of drive for the driver turn into problems for everyone else. And the question is absolutely legitimate: is there really no justice for these “racers”?

In fact, there is control. And it is expressed, as in most cases, in monetary terms, that is, in the form of a fine. What is the penalty for driving without a silencer in 2019?

Fines for driving without a silencer in 2019

Before talking about the size of the fine, let's figure out on what basis it can be imposed, because nothing is said about this directly in the Rules of the Road!

But in addition to traffic rules, there are other regulations that regulate various nuances of driving, and, in particular, such a document as the "List of malfunctions and conditions under which the operation of vehicles is prohibited."

Clause 6.5 of this document prohibits the operation of vehicles whose engine external noise level exceeds the values \u200b\u200bestablished by GOST R 52231-2004. According to this state standard, the permissible noise level for passenger vehicles in the daytime is 77-79 decibels, and in the evening and at night it should not exceed 30 decibels.

What is the punishment for this violation? This is stated in article 12.5. Administrative Code of the Russian Federation. This article regulates, among other things, fines for driving vehicles that have malfunctions, in which the operation of the vehicle is prohibited. According to this article, the amount of the fine for driving without a silencer in 2019 was five hundred rubles.

Fines for driving without a silencer: what awaits us in the near future

Five hundred rubles- this amount, apparently, is not too significant for drivers who prefer to ride so that the whole city knows about their trip. Therefore, there are more and more initiatives to toughen penalties for this violation. For example, a proposal is currently being considered to ban the riding of motorcycles within the city at night, as well as to significantly increase the fines for those who violate the noise regime, and not only by driving without a silencer, but also by playing too loud music.

No matter how sad it is, I would like to start with an anecdote. Dialogue between the seller and the buyer in the store.

I live 5 km from the airport, on the main street, where cars with sports mufflers drive all night and day ... So why do I need a silent washing machine imposed by you !?
- Mda.

This is the reality for many citizens. Unfortunately, this reality is not encouraging. At a time when you want peace, whether in the evening after a hard day's work or early morning, and we will not say anything at all about the night, this is a matter of course. Everything happens exactly the opposite! Many hear only the hysterical noise of imaginary sports cars, created by their owners only with the help of a grinder and a welder or the installation of a "sports" muffler that does not meet noise standards. Although, it may be a corny burnt muffler. So, if the vehicle is too noisy, no matter for what reason, this is a reason for a fine.More on this in our article.

Why a loud silencer is a violation for which a fine can be issued

Before proceeding with the condemnation, it is necessary to understand that this is illegal. So where is the violation, or rather the noise level for the vehicle, registered? Everything is simple. There is such a document as "Basic provisions for the admission of vehicles for operation ...". It is in it that you can find paragraph 6.5. The permissible level of external noise exceeds the values established by GOST R 52231-2004.
Now it remains to turn to the aforementioned GOST. We find table 1 there, and here it is ...

Permissible noise levels of the exhaust system of engines of vehicles in operation

In addition, the same criteria are given in Table 9.2 of TRTS 018/2011. Moreover, it also mentions a situation where changes were made to the exhaust gas system. We look at clause 9.10 of TRTS 018/2011.

9.10. It is not allowed to make changes to the design of the exhaust system.

Now everything fell into place. In the event of an exceeded noise threshold from the exhaust system or a change in the exhaust system, the driver actually violates the law. Now it remains to find an article of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for such a violation.

Under what article can a fine be issued for a burnt-out (loud, sports) muffler

One of the most common and general articles, according to which a fine or a warning can be issued, is 12.5 of the Code of Administrative Offenses of the Russian Federation, namely part 1. This part actually prescribes punishment for violating the very “Basic Provisions for the Admission of Vehicles for Operation ...” or TRTS that we mentioned earlier. Here, it’s even more accurate to say not for a violation, but for the presence of malfunctions and conditions under which, according to the "Basic Provisions ...", the operation of the vehicle is prohibited.
Here it is worth referring to the "List of conditions and malfunctions under which the operation of the vehicle is prohibited." So for the case with a faulty muffler, clauses 6.3 and 6.5 will apply

6.3. The system of release of the fulfilled gases is faulty.
...
6.5. The permissible level of external noise exceeds the values established by GOST R 52231-2004.

But for the case with changes in the muffler, that is, when installing a sports muffler or something like p.7.18

7.18. Changes have been made to the design of the vehicle without the permission of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation or other bodies determined by the Government of the Russian Federation.

Penalty for a burnt-out (loud, sporty) muffler

Now we just have to quote article 12.5 of the Code of Administrative Offenses of the Russian Federation, part 1. Strange as it may sound, “isolate” from there the amount of a possible fine for a “loud” silencer or not provided for by the design, and also find in the “Basic Provisions ...” malfunctions and conditions that will indicate that operation with a burnt or "loud" muffler is prohibited.

That is, everything is obvious. This is either a warning or a minimum fine of 500 rubles.

How should muffler noise levels be measured?

In fact, if you try to describe all the conditions and features of control, it will take at least one more article. That is why you can only focus on what is important. Measurements must be carried out with a special certified device, while at a distance of 0.5 meters from the muffler exhaust pipe. As shown in the picture.

In this case, noise (96 dB) should be measured approximately at an engine speed of 0.75 from the nominal frequency set by the car manufacturer. (about 3000 rpm)
There are also many other criteria, be it gusts of wind, general background noise, engine warm-up, even the presence of snow during measurement ... It is better to familiarize yourself with this from GOST R 52231-2004

Summarizing the topic "Penalty for a burned-out (loud, sporty) muffler"

There are two factors to be mentioned here. The first is that driving with a burnt-out muffler is not exactly “beautiful”. Thus, the driver interferes with others with a loud sound from his car, while, for sure, annoying and unnerving others. Agree that this is not good!?
Secondly, the excess of noise over 96 dB (machine M1 and N1), under certain conditions, is also a violation of the law, for which administrative liability is provided. We talked about this above!

Is it possible to avoid a fine for a burnt muffler or pay a fine with a 50 percent discount

Question - answer on the topic "Penalty for a burned-out (loud, sports) muffler"

Question: Can a fine be issued for a burnt-out (loud, sporty) muffler?
Answer: Yes, they can. According to Article 12.5 of the Code of Administrative Offenses of the Russian Federation, part 1. This is a warning or a minimum fine of 500 rubles.

A straight-through muffler is one of the trendy tuning elements that not only improves the appearance of the car, but also allows you to increase its power (at least, the owners of these cars think so). If you decide to go this route when upgrading your car, then you must be wondering what a forward traffic fine can be issued in 2018. At the same time, administrative responsibility for such a violation occurs not under one article of the Code of Administrative Offenses of the Russian Federation, but under two.

Unauthorized re-equipment of a car

The installation of any additional equipment and modifications to the vehicle design may be carried out only after assessing the possibility of further safe operation of the vehicle. All such changes must be registered with the traffic police.

Considering that you are unlikely to be able to document the installation of a direct-flow silencer, be prepared to be punished under part 1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation, which reads:

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Authorization of Vehicles for Operation and the Obligations of Officials to Ensure Road Safety, the operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this Article - shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

Unauthorized re-equipment of the vehicle also refers to malfunctions, in connection with which driving on the road is prohibited. This is stated in paragraph 7.18 of the List of malfunctions in the Appendix to the SDA:

For the first time, usually the violator can get off with a warning, but subject to the dismantling of non-standard equipment.

High noise and increased concentration of harmful substances in exhaust gases

These indicators are regulated by the Technical Regulations of the Customs Union “On the safety of wheeled vehicles. In Appendix 3 to this document, in particular, the maximum permissible level of sound exposure, as well as the maximum concentrations of harmful substances in exhaust gases, are indicated. We recommend that you pay attention to paragraphs 2 and 3 of this Appendix. So, for categories M1 and N1 (most passenger vehicles fall under these categories, the noise limit is 79 dB.

Considering that it will not work to support such indicators when installing a forward flow, you will have to pay a fine for a loud exhaust in 2018. The basis for this will be Article 8.23 of the Code of Administrative Offenses of the Russian Federation:

Operation by citizens of air or sea vessels, inland navigation vessels or small size vessels, or automobiles, motorcycles or other mechanical vehicles, in which the content of pollutants in emissions or the level of noise produced by them during operation exceeds the standards established by the state standards of the Russian Federation - shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

As you can see, when installing a single structural element, you violate two completely different articles of the Code at once. The established practice of self-protection of their interests in such administrative offenses shows that in 90% of cases it is not possible to achieve a positive result. Moreover, the violation seems obvious in most cases.

You can get the necessary court decision to cancel the decision to impose a fine by contacting a professional auto lawyer who has practice in such cases. Therefore, we recommend that you take advantage of this opportunity. Only a specialist is able to assess all the nuances of the situation and choose the only correct line of defense when representing your interests.

The desire to stand out from the general crowd pushes motorists to rash actions. In an endless pursuit of fashion trends, they decide to remake the car at their own discretion, thereby making the initially risky process of road traffic even more dangerous.
Xenon, understatement and tinting of the car - in relation to the law, all these manipulations have rather blurred boundaries. The same applies to replacing a quiet factory muffler with its direct-flow counterpart.
Competent craftsmen of the Euroservice SPb service station tell about the punishment for installing a straight-through muffler - it specializes in the repair and tuning of mufflers.

The essence of the punishment for a forward-flow muffler
The introduction of any modifications to the design of the machine, which were not originally provided by the manufacturer or permitted by the traffic police, falls under the provisions of articles of the Code of Administrative Offenses under numbers 12.5.1 and 7.18. Like most such violations, the installation of a forward-flow silencer provides for a warning or an administrative fine of 500 rubles. In addition, a straight-through muffler can cause noise levels to be exceeded. In this case, the essence of the punishment will remain the same, but the article will change to number 8.23. It provides for the violation of noise threshold standards when using motor vehicles, which include aircraft and ships, cars, motorcycles and others.

Permissible noise level of a forward flow silencer
You can learn about the maximum permissible noise standards from the Technical Regulations on the Safety of Wheeled Vehicles, in clause 9.9 of which the categories of transport and the sound level in decibels are given.
So, for categories M1, L and N1, a maximum noise threshold of 96 dB is provided. This restriction applies to motorcycles, mopeds, ATVs, cars with up to 8 passenger seats, and trucks with a maximum authorized weight of up to 3.5 tons.
The permissible sound level for categories N2 and M2 is 98 dB. This includes trucks weighing 3.5-12 tons, and vehicles weighing up to 5 tons, which has more than 8 passenger seats.
Categories N3 and M3 are allowed a maximum sound threshold of 100 dB. We are talking about full-fledged buses, trucks, dump trucks and trucks weighing more than 12 tons.
The traffic police inspector is responsible for determining violations of the standards with the subsequent imposition of the prescribed fines. He has a sound level meter at his disposal - a sensitive device that reacts sharply to exceeding the permissible sound level by direct-flow and factory mufflers.

The probability of punishment for the installation of a direct-flow silencer under 2 articles

There is an article 4.4 in the Code of Administrative Offenses, according to the second paragraph of which a judge or an official is obliged to impose a higher administrative penalty on a person who has committed an offense that falls under several articles at once. However, in the case of a co-current muffler, this article does not apply because both violations result from different actions:
1. Under article 12.5.1, representatives of the law are dealing with a driver who replaced the factory muffler with a direct-flow one, thereby making changes to the design of the car without the appropriate permission from the traffic police.
2. under article 8.23, a motorist is involved only for the operation of transport with an excess of the permissible noise level.
Thus, the fine for a forward-flow silencer varies from issuing a warning followed by a fine of 500 rubles to prescribing a requirement to eliminate the violation as soon as possible.