Exhaust system and muffler required--Exhaust location--Muffler cut-out prohibited--Misdemeanor

No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise. Exhaust systems on passenger or passenger - carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle. Exhaust systems on property - carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger - carrying compartment. No person may use a muffler cut - out on any motor vehicle upon a highway. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 44.0350; SL 1977, ch 189, § 107; SL 1977, ch 261; SL 1986, ch 132, § 4; SL 1989, ch 255, § 33; SL 2002, ch 157, § 1.