These aren't a temporary defeat devices by definition, it can be argued that they are actually a system- more restricted than standard.
The original Ferrari system opens the exhaust valves about 4000 RMP, these are operated by the TCU. The system I'm fitting (and other systems with valves), actually doesn't allow the valves to be opened by the TCU and keeps the noise level quieter than the original system - above 4000 RPM. Unless of course it is activated - which would only be done on track days etc
Some non-valved after market systems dispense with the valve system altogether - hence they are louder than standard system - all the time. They could be defined as a permanent defeat system.
There is no problems with these systems if they are Factory fitted – but as soon as you change the exhaust or anything else you are then in Modified vehicle territory and you are then bound by the rules set out for a modified vehicle. They don’t have to prove anything, it is you who has to provide the proof.
Where aftermarket systems can breach EPA and other tossers like that, is the noise level - which varies state to state.
No – it does not. The EPA is Federal, so it is not a state by state thing…..
If for example, a person with a valved system was pulled over - and there was no remote activating device (FOB) to be found (or it was hidden on the body of the driver - noting the EPA don't have powers of search for people in these situations - but the police do), it could easily be argued that the system was a permanently restricted system, more so than the original system that opens the valves after 4000 RPM.
This couldn't be argued if the system was hard wired to a switch in the cabin. Of course if that switch doesn't work (or stopped working as a wire fell off - about the time you were pulled over) and the system was permanently restricted - you would be below the noise level and not have a temporary defeat device - it would be permanently restricted. I think most courts would take notice of this and it could be strongly contested.
Again, it’s up to you to prove – I have had plenty of experience with the EPA and court and I can tell you that it is costly and time consuming.
I believe that cars can now be impounded under the Hoon laws for Excessive noise as well....
I think it just an academic point though, I think if you drive your exotic quietly around residential areas and niosey in more remote places - I think you would be very very unlucky to be breached regardless of what system you had.
I am not saying any of this becuase I agree with it, but I do know that the Powers That Be are cracking down big time. Once upon a time they would leave people alone with Exotics but I have noticed that they are now picking on everybody regardless. I am just saying is all, you may drive around and never get pulled over......who knows. But if you do get pulled over then the rules are the rules, regardless if we agree or disagree.......