IC 9-19-8
Chapter 8. Mufflers and Noise Limits
IC 9-19-8-1
Application of chapter
Sec. 1. This chapter applies to every motor vehicle except an
antique motor vehicle registered under IC 9-18-12-1.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-2
Muffler leaks, alteration, or deterioration
Sec. 2. A motor vehicle must be equipped with a muffler free
from the following visually discernible conditions:
(1) Exhaust gas leaks.
(2) Alteration of muffler elements.
(3) Deterioration of muffler elements.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-3
Operation of muffler or noise dissipative device
Sec. 3. A motor vehicle must be equipped with a muffler or other
noise dissipative device that meets the following conditions:
(1) Is in good working order.
(2) Is in constant operation to prevent excessive noise.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-4
Muffler cutouts and bypasses
Sec. 4. A motor vehicle may not be equipped with any of the
following:
(1) A muffler cutout.
(2) A bypass.
(3) Any similar device.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-5
Excessive fumes or smoke
Sec. 5. The engine and power mechanism of a motor vehicle must
be equipped and adjusted so as to prevent the escape of excessive
fumes or smoke.
As added by P.L.2-1991, SEC.7.
IC 9-19-8-6
United States Department of Transportation regulations;
classification of violations
Sec. 6. (a) This section does not apply to a person who owns or
operates a vehicle or combination of vehicles that:
(1) contains parts and accessories; and
(2) is equipped;
as required under regulations of the United States Department of
Transportation.
(b) A person who violates this chapter commits a Class C
infraction.
As added by P.L.2-1991, SEC.7.
But you should be able to fight the smoke part and win. What was used as the bench mark of what is excessive? Only the officers opinion based on what one acceleration with smoke? Did he take any pictures. Get a diesel mechanic to write a letter stating your trucks engine was found to be in proper working order and in compliance with said law. You or have him point out that when it is cold out (as it was at the point of this alleged infraction)and vehicle in question had just been started its well known and completley normal that in these conditions diesel powered vehicles will smoke more then when they are fully up to temp and or in warmer outside temps.
As it is up to each individual officers eye and opinion of what is and is not excessive smoke who are not trained diesel mechanics or emissions professionals by you having a letter from a professional in the field of diesel engines you will insert more than enough resonable doubt. Adding in the cold weather part helps as well. Make sure to make no disrespectful comments about the officer or that he didn't know what he was talking about or had a chip on his shoulder. The point is you felt your truck was in proper working order per the laws requirements and because of this ticket you took it to a mechanic to see if any deficiencies did actually exsist and to have any such things corrected if found. As a qualified and licensed diesel mechanics he found no deficiencies and stated it was in proper working order as per the issues of excessive smoke or improper tuning to cause or create such a condition.
This does not apply to you but I do have to say that I think any idiot that decides to purposely roll coal down a city street where there are people walking etc or in heavy traffic deserves a ticket. Times and places for most things. That is not it.