C.R.S. § 42-4-225: Mufflers - prevention of noise - applicability - exceptions - penalty - definition.

(1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section.

(1.5) Any commercial vehicle, as defined in section 42-4-235 (1)(a), subject to registration and operated on a highway, that is equipped with an engine compression brake device is required to have a muffler.

(1.5)

(a) As used in this subsection (1.5), "commercial vehicle" has the meaning set forth in section 42-4-235 (1)(a).

(b) A person shall not operate a commercial vehicle subject to registration without a muffler. The muffler must be located on the commercial vehicle in a manner that allows the muffler to be visually inspected to ensure it is present, intact, and functioning properly unless subsection (1.5)(c) of this section applies.

(c) The commercial vehicle need not have a muffler that is visible for inspection as required in subsection (1.5)(b) of this section if the following documentation is within the vehicle and available for inspection by a peace officer:

(I) Evidence that the commercial vehicle has had a muffler installed that, when installed, complied with the manufacturing noise standards for the model year of that vehicle as adopted by the federal environmental protection agency;

(II) The vehicle identification number of the commercial vehicle on which the muffler was installed; and

(III) Documentation that contains the following for the muffler described in subsection (1.5)(c)(I) of this section:

(A) The date of purchase;

(B) The make and model; and

(C) The name of the business that sold and installed the muffler.

(d) This subsection (1.5):

(I) Applies only to a commercial vehicle that is powered by an internal combustion engine; and

(II) Does not apply to a farm vehicle.

(2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

(3) Any person who violates subsection (1) of this section commits a class B traffic infraction. Any person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of five hundred dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section occurring within the corporate limits of a city or town, or within the unincorporated area of a county, shall be transmitted to the treasurer or chief financial officer of said city, town, or county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.

(3)

(a) A person that violates subsection (1) of this section commits a class B traffic infraction.

(b) A person that violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of one thousand dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section occurring within the corporate limits of a city or town, or within the unincorporated area of a county, shall be transmitted to the treasurer or chief financial officer of the city, town, or county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a). A court shall not impose the fine if the owner or operator provides the documentation described in subsection (1.5)(c) of this section demonstrating that a muffler was in place prior to the citation. A court shall reduce the fine by fifty percent if the owner or operator of the commercial vehicle provides proof that an appropriate muffler was installed within thirty days after the citation was issued.

(4) This section shall not apply to electric motor vehicles.