Section 40-8-71. Exhaust system; prevention of noise, smoke, and fumes

   (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications:

   (1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes;

   (2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications;

   (3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment;

   (4) The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken hangers; and

   (5) There shall be no part of the exhaust system passing through the passenger compartment or any exposed stack so located that any individual entering or leaving the vehicle may be burned.

(b) 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.

(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke or any muffler cutout, bypass, or similar device for use on a motor vehicle or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.

Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 117; Ga. L. 1962, p. 653, § 1; Ga. L. 1971, p. 779, § 1; Code 1933, § 68E-402, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, § 40-8-71, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1994, p. 97, § 40.