Our automotive hobby (and livelihood in some cases) is under more threat than ever before. With America's political landscape more and more resembling the fracture and conflict immediately before the Civil War, it has never been more important for auto enthusiasts to exercise their constitutional right to participate in their government. Thanks to the folks at the Specialty Equipment Market Association (SEMA), we can share the below information to both educate, and show how becoming involved isn't hard, and is definitely necessary.
This fall we again face an election crossroads in which many voters are seeking radical political change. This article is about how actions being taken by federal and state lawmakers impact you, the enthusiast. The need for the enthusiast community to stay informed and become involved is greater than ever. From emissions to auto equipment standards, the government is making decisions about your current and future car.
This topic is not limited to Washington D.C. While the federal government issues national rules dictating vehicle safety and emissions equipment, most other issues are handled at the state and local levels. From titling and registration to inspection and maintenance, your car is subject to decisions made by state and local officials too.
The future of our hobby depends on you. The ballot box is one venue for making your views known. Another is to work collectively with your fellow enthusiasts by joining the SEMA Action Network (SAN). SAN is a partnership between enthusiasts, car clubs, and members of the automotive aftermarket in the U.S. and Canada who have joined forces in support of legislative solutions for the auto hobby. It's free to join, and SAN keeps you informed about pending legislation and regulations-both good and bad-that will impact your state or the entire country. It also provides you with action alerts, speaking points, and lawmaker contact information if you want to support or oppose a bill. Join now at www.semasan.com
In recent years, state and federal officials have attempted to implement emissions reduction programs targeting older vehicles. Most programs allow "smokestack" industries to avoid reducing their own emissions by buying pollution credits generated through destroying older vehicles. These programs accelerate the normal retirement of older vehicles, which are purchased, then typically crushed into scrap metal. Hobbyists suffer from the destruction of older cars, trucks, and parts sources, something anyone working on a restoration/modification project can attest.
Scrappage programs focus strictly on vehicle age or economy rather than actual emissions produced. This approach is based on the erroneous assumption that all old cars are dirty. However, the true culprits are gross polluters-vehicles of any model year that are poorly maintained. Scrappage programs ignore better options, like vehicle maintenance, repair, and upgrade programs that maximize the emissions systems of existing vehicles. In the past year, scrappage initiatives have been defeated in California, North Carolina, and Washington.
Enthusiasts played a vital role in altering federal scrappage legislation in 2009 when an amendment was worked into the "Cash for Clunkers" program to spare vehicles 25-years and older from the scrap heap and expand parts recycling opportunities. Cash for Clunkers operated through voluntary consumer participation, allowing car owners to receive a voucher to help buy a new auto in exchange for scrapping a less fuel-efficient vehicle. Enthusiasts eased the program's negative effects by convincing lawmakers to include a requirement that the trade-in be a 1984 or newer model. This provision helped safeguard older vehicles, which are irreplaceable to hobbyists as a source of parts.
You come home one afternoon to find a ticket on your project vehicle parked on your property. Sound like a nightmare? In some areas of the country, it's all too real. State and local laws-some current, others pending-can and will dictate where you can work on your project. That car or truck you've stashed behind your house until the new crate engine arrives? The cherished collectible you've hung onto since high school to pass down to your kids? All could easily be towed right out of your yard depending on the zoning laws in your area.
Why is the long arm of the law reaching into your backyard? Some zealous government officials are waging war against what they consider "eyesores." To a non-enthusiast lawmaker, your diamond-in-the-rough looks like a junker ready for the salvage yard. If you're not careful, that's exactly where it will end up.
Another concern is how many states and localities are currently enforcing, or attempting to legislate, strict property or zoning laws that include restrictions on visible, inoperable car bodies and parts. Often, removal of these vehicles from private property is enforced through local nuisance laws with little or no notice to the owner. Jurisdictions enforce or enact these laws for a variety of reasons, mostly because they believe inoperative vehicles are eyesores adversely affecting property values, or pose a environmental risk due to leaking fluids and chemicals. Many such laws are drafted broadly, allowing for the confiscation of vehicles being repaired or restored.
For these laws, "inoperable vehicles" are most often defined as those that the engine, wheels, or other parts have been removed, altered, damaged, or allowed to deteriorate so the vehicle cannot be driven. The following are some common conditions causing vehicles to be in violation:
* Missing tires
* Vehicle on blocks
* Front windshield missing
* No engine
* Steering wheel missing
* License plate with expired registration date
* No license tag
In 2009-2010, hobbyists defeated bills in Hawaii, Kansas, Nebraska, Virginia, and West Virginia that would have established unreasonable restrictions on backyard restoration projects. In response, SEMA drafted its own inoperable vehicle bill that's fair to enthusiasts while being considerate of neighbors who don't want a junkyard operating next door. The SEMA model bill simply states project vehicles and their parts must be maintained or stored outside "ordinary public view." States can adopt this model legislation as their own, like Kentucky did in 2005.
Emissions & Smog Check Programs
Many states operate their own emissions programs in EPA-designated "non-attainment areas," meaning the area has not attained EPA minimum required air quality. The EPA checks for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide when designating these areas. When an area does not meet the EPA standard, it is then placed on the list of nonattainment areas.
To meet EPA emissions reduction requirements, many states are implementing stringent emission inspection and maintenance (I/M) programs. Several states have incorporated the OBD testing method as part of vehicle emissions inspections for 1996-and-newer vehicles.
I/M 240 is an enhanced emissions testing program, with "240" representing the number of seconds the tailpipe portion of the test lasts. I/M 240 requires visual inspection of emissions control devices, an evaporative emissions test, and a transient drive-cycle exhaust test, performed while the vehicle is running on rollers. Many state programs mistakenly fail vehicles in the visual test based on the presence of aftermarket engine products, or force older collector vehicles to undergo some type of testing.
Policy makers must properly focus inspection procedures and not confuse legitimate aftermarket parts with anti-emission devices and tampering violations. The hobby must also pursue proactive legislation to establish exemptions for low-mileage vehicles, classic vehicles (defined as 25-plus years old) and newer vehicles.
Equipment Standards & Inspections
The federal government, through the National Highway Traffic Safety Administration (NHTSA), has the right to set, enforce, and investigate safety standards for new motor vehicles and motor vehicle equipment. These "Federal Motor Vehicle Safety Standards" (FMVSS) are performance-based. They do not dictate design elements. For example, the federal lighting standard prescribes the photometric requirements for a headlamp, but does not dictate shape or size.
The FMVSS covers basic types of equipment (e.g. tires, rims, headlamps/taillamps, brake hoses, etc.) and establishes vehicle crashworthiness requirements (front and side impact, roof crush resistance, fuel system integrity, etc.).
Emissions and emissions-related parts are regulated by the Environmental Protection Agency (EPA) and various state agencies, primary of which is the California Air Resources Board (CARB). For products sold in California (and states that have adopted the California standards), manufacturers must conform to standards issued by CARB.
Federal law prohibits states from issuing motor vehicle safety regulations that conflict with federal standards. This is called federal preemption. However, states are free to enact and enforce safety and equipment regulations, which are identical to the FMVSS or, in the absence of a federal rule, establish their own laws and regulations. The most frequent examples of individual state rules cover parts like "optional" or "accessory" lighting equipment, noise levels for exhaust and stereo systems, suspension height, and window-tinting. States also establish rules on how a vehicle is titled and registered. They have the authority to regulate inoperable vehicles or determine whether an enthusiast is engaged in a business vs. private activity. State and local law enforcement officials issue tickets and inspect cars.
Some state laws allow motorists to be ticketed when an officer has made a subjective noise level determination that the exhaust system is "louder than what the car came with." Opposing arbitrary and unnecessarily restrictive equipment and inspection laws is a constant challenge.
Nitrous Oxide & Power Adders
The hobby must work with legislators to mitigate legislation banning the installation of power adder systems, including nitrous oxide systems intended for off-road/track use. The SEMA model bill uses language that provides for the operation of a vehicle equipped for nitrous oxide, so long as the nitrous oxide is disconnected from the engine when the vehicle is anywhere other than the track.
Gas Guzzler Laws
Gas guzzler laws primarily come out of misguided attempts to reduce greenhouse gas emissions. For example, a New York bill seeks to establish a progressive purchase or lease surcharge for certain new vehicles based on calculations of carbon emissions. Depending on the vehicle purchased, this surcharge could require owners to pay up to $2,500 more for a vehicle. Another bill in New York recommends higher toll and registration fees for vehicles based on a vehicle's weight, emissions, and fuel-efficiency rating.
In California, a measure was recently defeated that added a surcharge to certain vehicles based on state calculations of carbon emissions. If such an effort were successful, the effects on a consumer's ability to purchase their vehicle of choice, not to mention vehicle safety, would be dramatic.
Lighting technology has entered a new dimension. LED's are blazing a new path from taillamps to headlamps. Headlights can now produce light beams that bend around corners, lengthen when a car is going fast, and shorten/widen when a car slows down. The aftermarket is on the leading edge of these advances that promote safety and provide styling alternatives for new lighting products. Much of this aftermarket equipment provides greater illumination and increased visibility. Federal and state regulators are working to keep current with these advances, and also confirm that new products comply with existing regulations.
The National Highway Traffic Safety Administration (NHTSA) is the federal agency that regulates original and aftermarket lighting products, including new technologies in the marketplace. Attention has been focused on non-compliant High Intensity Discharge (HID) conversion kits that may produce glare, and restyled combination lamps that are missing required functions existing on original equipment lamps. Certain clear taillamp covers, marker lamps, "blue" headlamp bulbs, and other equipment have also been subject to scrutiny.
Optional lighting equipment (non-federally required) is not prohibited by federal law, but is sometimes regulated by the states. Many establish optional lighting restrictions through the authority of the state police or transportation agency.
State-level enforcement of federally required lighting equipment cannot deviate from what is prescribed by federal law. This is called federal preemption. However, states are free to enact and enforce safety and equipment regulations that are identical to the federal safety standards. States also have jurisdiction to enact and enforce vehicle and safety regulations covering equipment not regulated at the federal level, such as "optional" or "accessory" lighting equipment. Some states prohibit a vehicle from having a lamp or lighting device unless said device is expressly required or permitted by law. Other states regulate optional lights for maximum candlepower, location, placement, aim of light beam, and the times, places and conditions under which the lamps or lights may be used. Some laws prohibit the use of flashing, oscillating, modulating or rotating lights of any color while the vehicle is driven on a public highway.
Other states only allow optional lights that were developed and installed by the original equipment manufacturers (OEMs). This OEM lighting equipment meets no standards except those established by the manufacturers themselves. These lamps are often of the same or greater intensity than ones developed and installed by the aftermarket with similar installation.
There is a battle raging in Washington that may force you to put ethanol in your car, whether you want to or not. The EPA currently allows gasoline to include up to 10 percent ethanol (E-10), a fuel additive made from corn or other biomass sources. The ethanol industry wants the EPA to increase the amount to 15 percent.
Who would object? Millions of owners of high-performance engines and older cars who fear corrosion and other nasty side-effects. Ethanol attracts water. In turn, the resulting condensation can corrode fuel lines, fixtures, and gas tank components (steel, rubber, aluminum, etc). We're talking rust, clogging, and deterioration. For modern cars, the oxygen atom in the ethanol molecule may confuse the exhaust sensor when measuring the fuel/air mixture going into the cylinders. The mixture may be too lean, producing a hot exhaust capable of damaging the catalytic converter. The end result may also be more nitrogen oxides, a building block for smog. E-10 has been a problem for some current and older models, and E-15 may be worse. Many in the auto industry have cautioned the EPA to do more science before it rules on the request.
The fact is, gasoline without ethanol may eventually become scarce or non-existent when you pull up to the pump. We also face an education curve. For many people who already ignore the "contains 10 percent ethanol" sign, they will not understand that 15 percent may cost them a pretty penny in repair bills.
Engine Swaps Made Easier
Those engaged in engine swaps are bound by specific state laws that vary from state to state, but there are some general guidelines to consider. Here we'll cover the basic rules for swapping the engine in production vehicles (but not specially constructed vehicles, street rods, kit cars and the like). The basic rule of engine swapping (as opposed to installing a "replacement" engine) is the change must do no harm. This means that the engine being installed must theoretically be at least as "clean" as the one taken out. Several requirements define "clean" for the purposes of engine switching:
Model Year The engine to be installed must be the same age or newer than the one being replaced. Crate engines can be used if they are configured to resemble an engine that was certified by the EPA and/or CARB. This essentially means the required emissions parts must be installed.
Certification Level The engine to be installed must come from a vehicle certified to meet the same or more stringent emissions standards than the one replaced.
Vehicle Class An engine from a vehicle class such as a motor home, medium-duty truck or marine application must not be used since these engines were certified to different emissions standards.
System/Equipment When swapping in a newer engine from a later-model vehicle, all of the relevant emissions control equipment must be transferred as well. This includes the carbon canister, catalytic converter(s), and even parts of the on-board diagnostic (OBD) system. Some states have exceptions to this, but the general rule is that as much of the donor vehicle's emissions system as possible should be transferred. The vehicle will likely run more efficiently with a full transfer of the system, and shouldn't cause any undue heartache.
The U.S. EPA and many states have enforceable policies and guidelines on how to perform legal engine changes. For further information, please consult the EPA and California Bureau of Automotive Repair.
Exhaust Noise: How Loud Is Too Loud?
Imagine driving down the road and getting stopped for the exhaust on your restored '74 Nova. Now imagine sitting on the shoulder, receiving a citation from local law enforcement, while a stock Ferrari overtakes your car and drives on. This is the scene being played out across the country, the result of poorly drafted or ineffective state laws and regulations. The laws on the books frequently cite the manufacturer's specifications or a factory installed muffler as the basis on which vehicle exhaust noise is measured.
On this, states can generally be divided into two major categories: states with noise standards, and states without noise standards. Of the states with a test standard on the books, many ignore guidelines when handing out citations. Most states that have chosen to go the route of setting specifications choose to measure a vehicle's noise by decibels. States that have quantifiable noise standards on the books are shaded red in the map below. These standards often go unenforced. One reason is they are based on an in-use standard-exhaust noise is measured while a vehicle is in motion on the highway.
Other states choose not to specify a measureable noise standard. These states are shown in yellow in the map above. Typical language in these states' statutes includes prohibitions on "excessive or unusual noise" from a vehicle's exhaust system. While most motorists believe exhaust systems should not be used in a way that causes overly loud or objectionable noise, these vague provisions fail to provide a clear and objective standard for those seeking more durable exhaust systems that enhance a vehicle's appearance and increase performance.
Language that effectively limits the use of aftermarket exhausts can be found amongst both yellow and red states. Such language includes sentences like "no person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle." While such language does not specifically prohibit all modification, it does not provide any means of measuring whether a vehicle has been acceptably modified. Such language also negatively affects the aftermarket industry by placing the noise limit authority in the hands of the OEMs and ignores the fact that aftermarket exhaust systems are designed to make vehicles run more efficiently without increasing emissions.
Green on the map identifies states with SEMA model legislation to provide enthusiasts and law enforcement officials a fair and enforceable alternative. The model legislation establishes a 95-decibel exhaust noise limit based on an industry standard adopted by the Society of Automotive Engineers (SAE). Under this standard (SAE J1169), a sound meter is placed 20 inches from the exhaust outlet at a 45-degree angle and the engine is revved to three quarters of maximum rated horsepower. The highest decibel reading is then recorded.
Lobby For The Hobby
"We the people of the United States" are not just words from the first line of an old document. We are the people who love muscle cars, hot rods, street rods, tuners, replicas, off-road trucks, and many other varieties of automotive pursuits as diverse as our country. We are also the people who have to work to protect our automotive passions from unnecessary, unfair, or well intentioned but poorly written laws and regulations. Fortunately, we still live in a country where we can make a difference in how we are governed.
Our greatest tool in making a difference is our voice. By speaking out on issues that concern the automotive hobby, contacting our representatives, and working constructively with government officials, we have the power to protect our hobby and keep it safe for future generations. When legislatures are out of session, representatives are in their home districts and typically have more time to meet casually with constituents. They are also planning for the next legislative session, and deciding which bills to introduce. Contacting them can have a tremendous impact by raising their awareness of issues that could impact our hobby. Right now is the perfect time to get involved and build relationships with your legislators, so hit the gas and keep your foot down!
To help get you started, here are 10 tips you can use when contacting legislators:
1. Develop And Maintain Relationships With Your Legislators And Their Staff(s)
Make contact and develop productive relationships with individual legislators. It is the most effective form of grassroots lobbying. It's also important to develop a relationship with their staff who monitor ongoing legislative and community initiatives.
2. Educate Legislators About Our Hobby And Our Issues
Educate your legislator about the hobby and emphasize the positive impact it has on the community.
3. Maintain A Positive Attitude
Develop a positive relationship with your legislator. The next time an enthusiast-related issue comes up, that same legislator may be needed to support your cause.
4. Stay Informed
Keep up-to-date on the legislative issues that affect the hobby in your state. Share this information with fellow enthusiasts.
5. Get Involved In The Community
Join with other community groups to build positive exposure. Holding charity runs and fundraisers provide a great opportunity to show local residents and politicians that auto clubs are a positive community force.
6. Build Relationships With The Local Media
Contact local newspapers and radio/TV stations to publicize car shows, charity events, etc.
7. Invite Officials To Participate In Your Events
Give legislators a platform to reach out to and interact with an audience of constituents.
8. Build An Automotive Coalition
Create coalitions to add strength in numbers and ensure the rights of all auto enthusiasts are represented. Actively participating in regional and statewide councils will develop a unified message to lawmakers. These types of pro-hobbyist groups can be an influential political force.
9. Spread The Word
Take this information to your next club meeting, cruise night, or post it on your favorite online forums. Share this information with other enthusiasts willing to help lobby for the hobby.
10. Register To Vote
Exercise your right to support pro-hobby candidates by voting. Without you and your vote of support, they would not be in office, so make sure you're registered and get out and vote.
10 BEST BILLS OF THE 2009-2010 LEGISLATIVE SESSION
1. California S.B. 232/A.B. 1740
California currently provides for the emissions-system certification and model-year designation for specially constructed vehicles, including kit cars. Vehicle owners choose whether a smog test referee certifies the engine model year or the vehicle model year. To determine model year, inspectors compare the vehicle to those of the era that the vehicle most closely resembles. Only those emission controls applicable to the model year and that can be reasonably accommodated by the vehicle are required. The DMV provides a new registration to the first 500 specially constructed vehicles per year that meet the criteria. These bills seek to remove the 500 per year vehicle limitation and allow for an unlimited number of specially constructed vehicle registrations.
2. Washington S.B. 5246 & Michigan S.B. 590
Crafted after SEMA model legislation to provide for the hobby of collecting and restoring vehicles, these bills prohibit cities or towns from enforcing any restrictions that prevent automobile collectors from pursuing their hobby. Junked, wrecked or inoperable vehicles, including parts cars, stored on private property would only require screening from public view.
3. New York A.B. 10698
Under current New York law, a historical motor vehicle is either a vehicle manufactured more than 25 years ago or one that has unique characteristics and determined to be of historical, classic or exhibition value. This bill creates a $100 one-time fee that would replace the current annual fee of $28.75 for the registration of these vehicles.
4. Ohio H.B. 199, New York A.B. 2429/S.B. 3547, New Jersey A.B. 448/S.B. 687 & Massachusetts H.B. 4557
The SEMA street rod and custom model bill seeks to create vehicle registration and titling classifications for street rods and custom vehicles, including kit cars and replicas, and provides for special license plates. These bills define a street rod as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. Kit cars and replica vehicles would be assigned a certificate of title bearing the same model year designation that the body of the vehicle was constructed to resemble.
5. West Virginia H.B. 2775/H.B. 3243/H.B. 4222/H.B. 4575
Recognizing the historical importance of antique vehicles, these West Virginia bills aim to reduce the financial burden placed on antique vehicle owners by reducing the taxes and fees that they must pay on these vehicles.
6. Idaho H.B. 591
In order to direct finite resources, this bill seeks to exempt vehicles driven less than 1,000 miles per year from the state's mandatory emissions exemption program, regardless of the vehicle's age.
7. Iowa S.F. 2035
Establishing reasonable fees for the operation of a vehicle that is only driven occasionally is the goal of this bill. Allowing any antique motor vehicle to be registered as a "limited-use" antique vehicle, the bill opens up the limited use classification for an annual fee of $5. "Other occasional use" is added to the purposes for which a limited use antique vehicle may be driven. "Other occasional use" is defined as driven not more than 1,000 miles annually.
8. Maryland H.B. 252
Recognizing that it is not an effective use of resources to perform emissions tests on newer vehicles, this bill exempts these vehicles from the state's mandatory emissions inspection program for the first four years after production.
9. Vermont S.B. 237
For the purpose of regulating salvage businesses in the state, this bill includes a provision stipulating that hobbyists are not to be confused with the owners of automobile graveyards. It includes a definition of an "automobile hobbyist" as a person not primarily engaged in the sale of vehicles and parts or dismantling junk vehicles and excludes from the definition of an "automobile graveyard" an area used by an automobile hobbyist for storage and restoration purposes.
10. Louisiana H.B. 118
Current Louisiana law exempts vehicle that are 40 years old and older from the state's inspection requirements. This bill exempts all antique vehicles, defined as 25 years old and older, from the motor vehicle inspection requirements, which include equipment inspections and emissions inspections in certain areas.
10 WORST BILLS OF THE LAST LEGISLATIVE SESSION
1. California A.B. 859
Instead of having to undergo a smog check inspection every other year, this bill would require an annual smog check inspections for all cars 15-years-old and older. Ironically, the bill would also require that funds generated through the additional inspection fees charged to vehicle owners would then be used to scrap older cars.
2. Colorado S.B. 95
Current law in Colorado only requires that vehicles from model year 1976 and newer undergo emissions testing. This bill would reset the model year target to include all model year 1959 and newer vehicles, including seldom-driven collector items, for required emissions testing.
3. Hawaii H.B. 1878
Tort law is seldom codified into state statute, but this bill aims to do just that by creating a cause of action (basis on which an individual can sue another individual) for maintaining an inoperable vehicle on private property. To succeed in such an action, the inoperable vehicle must directly or indirectly "injure" the person bringing the suit, possibly by decreasing their property value.
4. Michigan H.B. 5897
Michigan historic vehicles owners must pay a registration fee of $30 every 10 years to operate on the state's roads. Historic vehicles that use an authentic Michigan license plate from the vehicle's model year are required to pay a one-time registration fee of $35. Under this bill to pad the state coffers, both registration fees would become due annually at a rate of $30 per year. This fee increase ignores the fact that these older cars are driven about one-third the miles each year as a new vehicle.
5. Nebraska L.B. 688
This bill would expand the definition of "abandoned motor vehicle" to include project cars and trucks that are left unattended for only six hours on private property without valid plates, title or permit, or that are inoperable, partially dismantled, wrecked, junked, or discarded. You heard that correctly! Six hours. In Nebraska, motor vehicles are defined as abandoned for the purpose of allowing state and local authorities to remove them from private property.
6. New York A.B. 1235
This bill provides that no automotive refinish material labeled "for professional use only" can be sold unless the purchaser demonstrates and meets all local ordinances for the use and application of the material. Bad luck for amateur hobbyists who want to paint their own hobby cars.
7. New York A.B. 2800
Commonly referred to as "gas-guzzler" legislation, this bill would charge higher toll and registration fees for vehicles based on the vehicle's weight, emissions and fuel-efficiency ratings. If enacted, a consumer's ability to purchase their vehicle of choice, not to mention vehicle safety, would be dramatic.
8. Virginia H.B. 462
This bill would ban the sale of "any aftermarket exhaust system component" that would cause the vehicle to produce "excessive or unusual noise." Since no definition exists in Virginia for what qualifies as "excessive or unusual noise," this prohibition would effectively ban the sale of any of these parts, generally purchased for their durability, performance and appearance.
9. Washington H.B. 2059
Implementing a vehicle scrappage program, this bill would provide sales tax incentives (for the first $2,000 of tax paid) for trade-in vehicles more than 15-years old that do not comply with emissions standards. All trade-in vehicles would be destroyed, regardless of their historical value or collector interest. Scrappage programs such as these destroy key pieces of America's automotive and industrial heritage, and inhibit restoration projects that rely on these vehicles as a source for parts that are no longer being manufactured.
10. West Virginia H.B. 3087/S.B. 456
Can operating a vehicle with an exhaust system that may be annoying to some be considered a crime against the state? These West Virginia bills endeavor to include vehicles with exhaust systems deemed disturbing or loud in the definition of "disturbing the peace," a crime that carries a fine of up to $1,000 per occurrence, jail for six months, or both. West Virginia currently has no standard on which to base whether an exhaust system is disturbing or loud and these judgment calls would be left to a law enforcement officer's subjective opinion.