316.272
Exhaust systems, prevention of noise.
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316.272 Exhaust systems, prevention of noise.—
(1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.
(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 72-39; s. 1, ch. 73-89; s. 27, ch. 79-65; s. 135, ch. 94-356; s. 204, ch. 99-248; s. 30, ch. 2006-1.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1982–2025 · leading case: State v. Cobbs
State v. Cobbs (1982)
“be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise," Section 316.272(1), Florida Statutes (1979), compels the conclusion that this equipment requirement…”
State v. Gibson (1990)
“The trial court expressly did not address the issue of the validity of the defendants' consent to search the vehicle, so that issue remains for determination by the trial court after remand.”
Classy Cycles, Inc. v. Bay County (2016)
“271 (horns and warning devices), § 316.272 (exhaust system), § 316.293 (noise), § 316.”
Clark v. Collier County Sheriff Kevin Rambosk (2025)
“” Fla. Stat. § 316.272 (1), (3). Relatedly, “[n]o person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor…”
— 316.272(1) — 2 cases
State v. Cobbs (1982)
“be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise," Section 316.272(1), Florida Statutes (1979), compels the conclusion that this equipment requirement…”
State v. Gibson (1990)
“The trial court expressly did not address the issue of the validity of the defendants' consent to search the vehicle, so that issue remains for determination by the trial court after remand.”
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