Last saved by: Michael Broschinsky

R651.  Natural Resources, Parks and Recreation.
R651-222.  Muffling Requirements.
R651-222-1.  Mufflers Required.
	Every motorboat operated upon the waters of this State shall at all time be equipped with a muffler or a muffler system in good working order and in constant operation and effectively installed to prevent any excessive or unusual noise.

R651-222-2.  Muffler Defined.
	"Muffler" means a sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and prevents excessive or unusual noise.

R651-222-3.  Maximum Sound Level SAE J2005.
	No person shall operate or give permission for the operation of any motorboat upon the waters of this state in such a manner as to exceed the following noise levels:
	(1)  For engines manufactured before January 1, 1993, a noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by test SAE J2005; or
	(2) for engines manufactured on or after January 1, 1993, a noise level of 88dB(A) when subjected to a stationary sound level test as prescribed by test SAE J2005.

R651-222-4.  Maximum Sound Level SAE J1970.
	After January 1, 1992, no person shall operate a motorboat on the waters of this state in such a manner as to exceed a noise level of 75dB(A) measured as specified in test SAE J1970.  Provided, that such measurement shall not preclude a stationary sound level test as prescribed by SAE J2005.

R651-222-5.  Muffler Bypass or Alteration Prohibited.
	(1)  No person shall operate or give permission for the operation of any motorboat upon the waters of this state that is equipped with an altered muffler, muffler cutout, muffler bypass, or other device designed or installed so that it can be used to continually or intermittently bypass; or reduce or eliminate the effectiveness of any muffler or muffler system installed on a motorboat.
	(2)  Rule R651-222-5 (1) shall not apply to a motorboat equipped with a muffler cutout, muffler bypass, or other device designed or installed so that it can be used to continually or intermittently bypass; or reduce or eliminate the effectiveness of any muffler or muffler system installed on a motorboat, (a) if the mechanism has been permanently disconnected or made inoperable, where it cannot be operated in the manner described in Rule R651-222-5 (1), or (b)the muffling systems operated by the bypass meet the requirements in R651-222-3.

R651-222-6.  Muffler Removal Prohibited.
	No person shall remove, alter, or otherwise modify in any way a muffler or muffler system on a motorboat, in a manner that will prevent the motorboat from complying with rule R651-222-3.

R651-222-7.  Mufflers Required on Motorboats Sold.
	(1)  No person shall manufacture, sell, or offer for sale any motorboat:
	(a)  that is not equipped with a muffler or muffler system; or
	(b)  that does not comply with rule R651-222-3.
	(2)  This rule shall not apply to motorboats designed, manufactured and sold for the sole purpose of competing in racing events only and for no other purpose.  Any motorboat exempted under this rule shall be documented as such in the sales agreement and shall be formally acknowledged by signature of the buyer and seller and copies of the agreement shall be maintained by both parties.  A copy of the agreement shall be kept on board whenever the motorboat is operated.  Any motorboat sold under this exemption may only be operated on the waters of this State in accordance with rule R651-222-8.

R651-222-8.  Muffler Exemptions.
	Except as outlined in rule R651-222-7, the operational provisions of this rule shall not apply to:
	(1)  motorboats registered in and actually participating in a racing event authorized by the Division or scheduled tuneup periods prior to the racing event; or
	(2)  to a motorboat being operated by a boat or engine manufacturer for the purpose of testing and/or development and the testing has been authorized by the Division.

R651-222-9.  Enforcement.
	A peace officer who has reason to believe that a motorboat is being operated in excess of the noise levels established in rule R651-222-3, may direct the operator of the motorboat to submit the motorboat to an on-site test to measure the noise level.  If the motorboat exceeds the established decibel level, in addition to issuing a summons, the officer may direct the operator to return to the point of embarkation and prohibit operation of the motorboat until the motorboat meets the established decibel level.

KEY:  boating, motorboat noise
Date of Enactment or Last Substantive Amendment:  October 18, 2005
Notice of Continuation:  January 7, 2016
Authorizing, and Implemented or Interpreted Law:  73-18-11