Section 75: Noise, smoke, bells and horns

Ontario

Highway Traffic Act

Part VI: Equipment

Muffler

(1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).

Idem

(2) Subsection (1) does not apply to,

(a) a motor assisted bicycle with an attached motor that is driven entirely by electricity; or

(b) a motor vehicle that is driven entirely by electricity. 2009, c. 5, s. 31.

Fumes from engine

(3) 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. R.S.O. 1990, c. H.8, s. 75 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (3) of the Act is repealed. (See: 2019, c. 14, Sched. 16, s. 10)

Unnecessary noise

(4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).

Alarm bell to be sounded

(5) Every motor vehicle, motor assisted bicycle and bicycle shall be equipped with an alarm bell, gong or horn, which shall be kept in good working order and sounded whenever it is reasonably necessary to notify pedestrians or others of its approach. R.S.O. 1990, c. H.8, s. 75 (5).

Prohibition as to use of siren horn

(6) No vehicle other than an ambulance, fire or police department vehicle, public utility emergency vehicle or vehicle operated by the Ministry shall be equipped with a siren horn or a device producing a sound which so nearly resembles that produced by a siren horn as to deceive or confuse. R.S.O. 1990, c. H.8, s. 75 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2019, c. 14, Sched. 16, s. 11)

Emissions

75.1 (1) No person shall drive or cause or permit to be driven on a highway a motor vehicle that does not comply with the regulations respecting emissions. 2019, c. 14, Sched. 16, s. 11.

Tampering

(2) No person shall tamper, or cause or permit a person to tamper, by,

(a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's emission control system; or

(b) modifying a motor or motor vehicle in any way that results in increased emissions from the level to which it was originally designed or certified by the manufacturer of the motor or motor vehicle. 2019, c. 14, Sched. 16, s. 11.

Sale of tampering devices

(3) No person shall sell or offer for sale a system or device the main purpose of which is to carry out any of the actions described in subsection (2). 2019, c. 14, Sched. 16, s. 11.

Offence, emissions contravention

(4) Every person who contravenes subsection (1) or a regulation referred to in it is guilty of an offence and on conviction is liable,

(a) if the vehicle is not a commercial motor vehicle, to a fine of not less than $300 and not more than $1,000; and

(b) if the vehicle is a commercial motor vehicle, to a fine of not less than $400 and not more than $20,000. 2019, c. 14, Sched. 16, s. 11.

Offence, tampering or sale of tampering devices

(5) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $20,000. 2019, c. 14, Sched. 16, s. 11.

Penalty, tampering, multiple items

(6) If an offence under subsection (5) involves more than one emission control system, motor, motor vehicle, system or device, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (5), multiplied by the number of emission control systems, motors, motor vehicles, systems or devices. 2019, c. 14, Sched. 16, s. 11.

Regulations

(7) The Minister may make regulations,

(a) governing emissions for the purpose of subsection (1), including governing emission control equipment standards, emission control performance standards and tests to be used to determine compliance with regulations respecting emissions;

(b) defining "emission control system" and any other word or expression used in this section that is not already defined in this Act;

(c) exempting any person or class of persons or any motor vehicle or class of motor vehicles from any requirement or provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption. 2019, c. 14, Sched. 16, s. 11.

Same, amendments to adopted documents

(8) If a regulation made under this section adopts a document by reference, the regulation may adopt the document as it may be amended from time to time. 2019, c. 14, Sched. 16, s. 11.

Same, when adoption of amendment effective

(9) The adoption of an amendment of a document that has been adopted by reference comes into effect upon the amended document being posted on a Government of Ontario website. 2019, c. 14, Sched. 16, s. 11.

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