Missouri Revised Statutes
Chapter 306 - Watercraft Regulation and Licensing — Water Patrol Division
Section 306.147 - Muffler, defined — noise level regulation, muffler system required, certification of manufacturer — exceptions — on-site test to measure noise levels, penalty — application of section.

Effective - 28 Aug 2008, 2 histories
306.147. Muffler, defined — noise level regulation, muffler system required, certification of manufacturer — exceptions — on-site test to measure noise levels, penalty — application of section. — 1. As used in this section, the term "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 which prevents excessive or unusual noise.
2. Effective January 1, 1996, a person shall not manufacture, sell or offer for sale or operate in this state any motorboat manufactured after that date that exceeds the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. All motorboats manufactured prior to January 1, 1996, shall not exceed eighty-six decibels on an A-weighted scale when subjected to a sound level test as prescribed by SAE J34 when measured from a distance of fifty or more feet from the motorboat.
3. No person shall remove, alter or otherwise modify in any way a muffler or muffler system in a manner which will prevent it from being operated in accordance with this section. Nothing in this section shall preclude a person from removing, altering or modifying a muffler or muffler system so long as the muffler or muffler system continues to comply with subsection 2 of this section. This section shall not be construed so as to prohibit the use of any exhaust system or device, including but not limited to those not discharging water with exhaust gases, so long as the device or system is in compliance with subsection 2 of this section.
4. No motorboat shall be equipped with any electrical or mechanical device or switch that when manipulated in any manner would allow the muffler or exhaust system to emit a noise level that exceeds the maximums in subsection 2 of this section.
5. Effective January 1, 1996, a person shall not manufacture, nor shall any person sell or offer for sale any motorboat which is manufactured after January 1, 1996, which is equipped with a muffler or muffler system which does not comply with this section. The subsection shall not apply to power vessels designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be documented in every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller. Copies of such agreement shall be maintained by both parties. A copy of such 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 subsection 7 of this section.
6. As of January 1, 1996, every manufacturer which delivers a new motorboat for sale in this state shall certify, if the purchaser or dealer makes a request in writing, that the decibel level of the motorboat engine, muffler and exhaust system, as delivered to any licensed dealer in this state, does not exceed the noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005. Such certificate of decibel level from the manufacturer shall be given by the dealer to the purchaser of the new motorboat if the motorboat is sold for use upon the waters of this state. The purchaser shall sign a statement acknowledging receipt of the certificate of decibel level which shall be supplied by the dealer. The dealer shall represent by affidavit whether or not the engine or muffler system of the new motorboat being sold has been altered or modified in any way.
7. The provisions of this section shall not apply to motorboats registered and actually participating in a racing event or tune-up periods for such racing events or to a motorboat being operated by a boat or engine manufacturer for the purpose of testing or development. The operator of any motorboat operated upon the waters of this state for the purpose of a tune-up for a sanctioned race or for testing or development by a boat or engine manufacturer shall at all times have in such operator's possession and produce on demand by a law enforcement officer a test permit issued by the water patrol division. For the purpose of races or racing events, such race shall only be sanctioned when conducted in accordance with and approved by the United States Coast Guard or this state.
8. Any officer authorized to enforce the provisions of this section who has probable cause to believe that a motorboat is not in compliance with the noise levels established in this section may direct the operator of such motorboat to submit the motorboat to an on-site test to measure noise levels, with the officer on board if such officer chooses, and the operator shall comply with such request. The owner of any motorboat which violates any provision of this section shall have sixty days from the date of the violation to bring the motorboat into compliance with the provisions of this section. Thereafter, it shall be the owner's responsibility to have the motorboat tested by the water patrol division. If the motorboat fails the water patrol division test, the owner shall immediately moor the motorboat and shall keep the motorboat moored until the water patrol division certifies that the motorboat is in compliance with the provisions of this section. Any person who fails to comply with a request or direction of an officer made pursuant to this subsection is guilty of a class C misdemeanor. Nothing in this subsection shall be construed to limit the officer's ability to enforce this section and to issue citations to the owner or operator of any motorboat during the sixty-day compliance period.
9. Any officer who conducts motorboat sound level tests as provided in this section shall be qualified in motorboat noise testing by the department of public safety. Such qualifications shall include but may not be limited to the selection of the measurement site, and the calibration and use of noise testing equipment in accordance with the testing procedure prescribed by SAE J2005 and SAE J34.
10. Unless otherwise indicated, any person who knowingly violates this section is guilty of an infraction for a first offense with a penalty not to exceed one hundred dollars, is guilty of an infraction for a second offense with a penalty not to exceed two hundred dollars, and is guilty of an infraction for a third or subsequent offense with a penalty not to exceed three hundred dollars.
11. This section shall not apply to motorboats not intended for use in this state.
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(L. 1995 H.B. 217, A.L. 1997 H.B. 379, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIX - Motor Vehicles, Watercraft and Aviation

Chapter 306 - Watercraft Regulation and Licensing — Water Patrol Division

Section 306.010 - Definitions.

Section 306.015 - Vessels, registration, procedure, fee — delinquent application, penalty fee — failure to obtain certificate of title, effect of.

Section 306.016 - United States Coast Guard documented vessels, certificate of registration, requirements — fees and taxes — duration — temporary registration — termination — availability for inspection.

Section 306.020 - Vessels to be numbered — number, where displayed.

Section 306.030 - Certificate of number, application, procedure, contents, fee — numbers, how attached — numbers from federal or other state governments, reciprocity — permanent certificate, when — renewal of certificate, when, how — personal propert...

Section 306.031 - New or replacement identification number of motor or vessel — securing of number — penalty.

Section 306.035 - Certificate of title, form of.

Section 306.040 - Certified number only on boat.

Section 306.050 - Notice of change of address of certificate holder — procedure.

Section 306.060 - Transfer of ownership of boat, application, fee — temporary certificate of number, fee — contents — dealer issue, record required, contents, penalty.

Section 306.075 - Motorized amphibious vehicle, defined — treated as a vessel, not a motor vehicle, exceptions — license required.

Section 306.080 - Vessels exempt from numbering requirements.

Section 306.090 - Maximum sound levels for recreational motorboats — exceptions.

Section 306.100 - Classification of vessels — equipment requirements.

Section 306.109 - Alcoholic drinking devices and containers prohibited on rivers — violation, penalty.

Section 306.113 - Operate defined — probable cause required.

Section 306.115 - Parasailing, requirements, prohibited, when.

Section 306.120 - Towing persons on skis or surfboard, regulations.

Section 306.122 - Motorboat or vessel operator, minimum age, exceptions, penalty.

Section 306.124 - Aids to navigation and regulatory markers defined — water patrol may mark waters, hearing, notice — markings, effect of — disaster, closing of certain waters — violation, penalty.

Section 306.125 - Operation of watercraft, how — restricted areas, certain vessels, speed allowed, penalty for violations — rulemaking authority — exceptions.

Section 306.126 - Motorboats, regulations as to passenger seating while under way — person in water, flag required, when — slow speed required, when — penalty.

Section 306.127 - Boating safety identification card required, when, requirements, fee — inapplicable, when — temporary boater safety identification card issued, when, rules, fee authorized, expiration date.

Section 306.128 - Boating offenses, offender requirements.

Section 306.129 - Rulemaking authority.

Section 306.130 - Regattas, races and other activities, authorization, regulation of.

Section 306.132 - Watercraft to stop on signal of water patrol or emergency watercraft, when — authorized speed near emergency watercraft — penalty.

Section 306.140 - Accident or collision, duties of operator — report required, when.

Section 306.142 - Personal watercraft, regulations — personal flotation devices — age restriction — reasonable and prudent operation — exceptions.

Section 306.147 - Muffler, defined — noise level regulation, muffler system required, certification of manufacturer — exceptions — on-site test to measure noise levels, penalty — application of section.

Section 306.150 - Watercraft livery — records — equipment to be furnished.

Section 306.165 - Water patrol officer, powers, duties and jurisdiction of.

Section 306.167 - Powers of peace officer when working in cooperation with other law enforcement agency.

Section 306.168 - Search warrants, water patrol division may request application for and serve, when.

Section 306.170 - Accident reports to United States on request.

Section 306.180 - Motorboat fund in state treasury, source and use.

Section 306.185 - Water patrol division fund created, use of proceeds.

Section 306.190 - Applicability of regulations — local regulations — special local rules prohibited.

Section 306.200 - Peace officers to enforce.

Section 306.210 - Penalties for violations.

Section 306.215 - Inspections of boats, refusal of or interference with — penalty.

Section 306.217 - Scuba diver's marker, flag required — flag described — boats to avoid — penalty.

Section 306.220 - Personal flotation device, who must wear, when, exception, penalty.

Section 306.221 - Obstruction of traffic or access to boat docks — violation, penalty.

Section 306.225 - Certain counties may regulate size and operation of watercraft on lakes, when (Clay and Jackson counties).

Section 306.250 - Definitions.

Section 306.260 - Boats not to discharge sewage, exception.

Section 306.270 - Marine toilets shall have suitable treatment device.

Section 306.280 - Inspection of boats.

Section 306.290 - Penalties for violations.

Section 306.300 - Definitions — marine sanitation device required — limitations — civil penalty.

Section 306.325 - Vessels on navigable waterways, restrictions on transporting of foodstuffs and beverages — violation, penalty.

Section 306.400 - Liens and encumbrances — valid, perfected, when, how, future advances — boats and motors subject to, when, how determined — revenue to establish security procedure, electronic notices, rulemaking authority.

Section 306.405 - Certificates of title, delivery of, how, to whom — lienholder may elect to have revenue retain electronic title.

Section 306.410 - Duties of parties upon creation of lien or encumbrance — failure of owner to perform certain duties, penalty — name change, authorization to director required.

Section 306.415 - Assignment of lien or encumbrance by lienholder, rights and obligations — perfection by assignee, how.

Section 306.420 - Satisfaction of lien or encumbrance, release of, procedure — duties of lienholder and director of revenue — penalty for unauthorized release of a lien.

Section 306.425 - Provisions of 306.400 to 306.430 exclusive — exceptions.

Section 306.430 - Liens and encumbrances incurred before July 1, 2003 — how terminated, completed and enforced.

Section 306.435 - Repossessed vessels, motorboats and outboard motors, certificate of title — application, procedure, fee, form of — notice — issued, when — director of revenue, duties, rulemaking authority.

Section 306.440 - Owner's failure to indicate lienholder on title application, penalty.

Section 306.455 - Certificate of title for outboard motors and vessels in names of two or more persons, presumptions — exception.

Section 306.456 - Certificate of title for outboard motors and vessels in one person's name, may be surrendered, new certificate issued for one or more other persons — fee.

Section 306.458 - Certificate of title, two or more persons, not held as tenants in common, death of one tenant, transfer to surviving owners, procedure, fee — tenants in common, death of one tenant, procedure to transfer, fee.

Section 306.461 - Certificate of title in beneficiary form — multiple beneficiaries allowed — procedure to issue, content, fee — consent not required for transactions, revocation — interest subject to certain claims — transfer not deemed testamentary...

Section 306.463 - Death of owner and no surviving owner or beneficiary, director of revenue may transfer and issue new certificate, when, procedure to obtain.

Section 306.465 - Rules and regulations, authority to promulgate, procedure.

Section 306.530 - Registration of outboard motors.

Section 306.532 - Certificate of title to designate year of manufacture

Section 306.535 - Applications, contents, fee — not made within certain period, delinquency fee.

Section 306.540 - Registration by director of revenue, when.

Section 306.545 - Registration number — placement.

Section 306.550 - Certificate forms — duties of seller and purchaser — temporary registration number, issuance, contents.

Section 306.555 - Inspection of outboard motors.

Section 306.560 - Outboard motor registration not required for manufacturers, visitors in state, and motors used solely for racing.

Section 306.565 - Fees — disposition.

Section 306.570 - Destruction of records.

Section 306.575 - Penalty for violation.

Section 306.900 - Direct molding process — use of to duplicate hulls prohibited, when — damages and injunctive relief, when.

Section 306.903 - Abandonment of boat dock, penalty — retrieval and disposal — identifying information on dock required, when, penalty.

Section 306.910 - Recreational water use — definitions — brochure, distribution, limitation on cost of.