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Exhaust Muffler Required: Effective January 1, 2000 |
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- Every powercraft operated on the waters in this state shall be equipped at all times with a muffler or a muffler system that is in good working order, in constant operation, and effectively installed to prevent excessive or unusual noise.
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- No person shall operate or give permission for the operation of a powercraft on the waters in this state in such a manner as to exceed a noise level of 90 decibels on the "A" scale when subjected to a stationary sound level test as prescribed by SAE J2005.
- No person shall operate a powercraft on the waters in this state in such a manner as to exceed a noise level of 75 decibels on the "A" scale as specified by SAE J1970. Measurement of a noise level of not more than 75 decibels on the "A" scale of a powercraft in operation does not preclude the conducting of a stationary sound level test as prescribed by SAE J2005.
- No person shall operate or give permission for the operation of a powercraft on the waters in this state that is equipped with an altered muffler or muffler cutout, or operate or give permission for the operation of a powercraft on the waters in this state in any manner that bypassed or otherwise reduces or eliminates the effectiveness of any muffler or muffler system installed in accordance with section, unless the applicable mechanism has been permanently disconnected or made inoperable.
- No person shall remove, alter, or otherwise modify in any way a muffler or muffler system in a manner that will prevent it from being operated in accordance with this section.
- No person shall manufacture, sell or offer for sale a powercraft that is not equipped with a muffler or muffler system that prevents noise levels in excess of those established in division (B) (1) of this section.
- This section does not apply to the following:
- A powercraft designed, manufactured and sold for the sole purpose of racing events. The exception established under division (F) (1) of this section shall be documented in each sale agreement and shall be acknowledged formally by the signatures of the buyer and seller. The buyer and seller shall maintain copies of the agreement. A copy of the agreement shall be kept aboard the powercraft when it is operated. A powercraft to which the exception applies shall be operated only in accordance with division (F) (2) of this section.
- A powercraft that is actually participating in a sanctioned racing event or in tune-up periods on the waters of this state and that is being operated in accordance with this section. For the purposes of this section, a sanctioned racing event is a racing event conducted in accordance with ORC section 1547.20 or approved by the US Coast Guard.
- A powercraft being operated by or for a boat or engine manufacturer for testing, development or both. The operator shall have aboard and produce on demand of a law enforcement officer a current valid letter issued by the Chief of the Division of Watercraft.
- A law enforcement officer trained in accordance with rules adopted under division (I) (2) of this section and who has reason to believe that a powercraft is not in compliance with the established noise levels may direct the operator to submit to an on-site test to measure the level of noise emitted by the powercraft. The operator shall comply with that direction. The officer may remain on board the powercraft during the test at the officer's discretion. If the level of noise emitted by the powercraft exceeds the established levels, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning to mooring until the violation ceases or is corrected.
- A law enforcement officer who conducts powercraft noise level tests according to this section shall be trained to do so in accordance with rules adopted under the following division of this section.
- In accordance with chapter 119 of the Revised Code, the Chief shall adopt rules establishing the following:
- requirements and procedures issuing letters under division (F) (3) of this section. The rules shall require that each letter adequately identify the powercraft for which the letter is issued and specify the purposes for which the powercraft is being operated.
- requirements and procedures for the training of law enforcement officers who conduct powercraft noise level tests pursuant to this section. The rules shall require the training to include the selection of a site where noise level is measured and the calibration and use of noise measurement equipment.
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