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nitrous laws? Maryland? or any other state

5.7K views 23 replies 9 participants last post by  d.bluefocus21  
#1 ·
I know this might now fit here, and if it belongs in the FI forum that's cool w/me, I figured since it dealt w/the law I could put it here...

but anyways, here it goes

I was riding around w/some friends around the Hagerstown area of MD and I get pulled over out of all of em......for my tag lights : / seriously.....

but anyways, he comes up to my car, asks me for my license and so forth, then keeps looking in my backseat at my harness bar setup/harnesses.....then another trooper notifys him of my painted n2o bottle.......he asks me if I knew about the law there and I reply no, which I really don't, but I figured anybody that has there nitrous engaged pressure on ect......is a idiot doing it on the street, but anyways, back to my point.....

there wasn't any pressure REALLY and wasn't engaged or turned on, it's just sitting there hooked up.....he wrote me a 130.00 ticket and I don't remember the exact words, but I believe it said, in the end "does not have proper transportation decals, and use of a powerbooster" even after I showed him my gauge and how nothing was armed/on ect.....

either or, he said I had to have a "plaque" and charged me for "using it" even though I didn't..

well even though it's only 130.00 i'm getting tired of the retard pig harassment, especially when i'm literally not doing anything wrong, so i'm definitely going to take it to court, but I want to be prepared........I figured id' get ya'lls opinion on what I should do....I keep trying to search for the laws on the internet, and every site seems to be pword coded for certain people to get in....

I don't know where to look and don't know where to go about finding stuff out, but i'm honestly tired of the crap from the popo.....they pull me for every damn thing known to man...I fix every bit of it, but yet they still find something as small as a tag light to get me for something else......

anyways, what do you all think?

btw, please dont' flame.......i really didn't use any damn nitrous, and I really did get pulled over for a tag light so don't make all of these assumptions I was racing ect....

thanks fellas

JRS
 
#2 ·
Cops = teh ghey, simple as that bro :thumbdown

-Brian
 
#4 ·
I'm not out to get you, but it is your responsibility to be aware of any laws your car may violate when you mod it. You can't waltz in to court and claim ignorance. The cop did his job .. get over it and cough up the dough.

This coming from a wholesaler for NOS, NX, Zex .... sell it everyday.
 
#7 · (Edited)
d.bluefocus21 said:
either or, he said I had to have a "plaque" and charged me for "using it" even though I didn't..
The officer was referring to these...

Image

Image


Since Nitrous Oxide is a non-flammable gas (not to be confused with "non-hazardous", because it is not by any means...) and a very potent oxidizer, it wouldn't surprise me if MD or even the federal gov't required that any vehicle transporting it in any significant quantity was required to have markings on all four sides of the vehicle. There are a lot of reasons for that, first and foremost being that in the event of an accident, emergency workers need to know that there's a cylinder of explosive gas somewhere in the car.

Basicly what I'm saying is this. Before you get all pissed off at the cop and start crying "pig harassment", would you want to walk up to a car that was on fire if you knew there was a bottle of nitrous in the back seat? Because if you get into an accident, that's what he gets paid to do, and he deserves to know what kind of danger he's in.

~Mike~

EDIT: I just looked it up in Code of Federal Regulations title 49 - transportation, and according to the subchapter about transporting hazardous materials, you broke a federal law, not a Maryland law.
 
#8 ·
Most states have laws about transporting nitrous and other oxidizers. Hooked up or not, empty or not, you shouldn't have the bottle in your car on public roads. Having it hooked up makes it look like you use it on public roads. He probably thought you were a hard charger or a street racer and probably assumed that since it was empty you must have been spraying recently.

It's hooked up, you're on the street, and it's empty now. *I* would assume you were spraying on public roads. He probably gave you the ticket to teach you a lesson. I hope it worked. Save it for the track.

Nitrous is hazardous and dangerous to have in your car. If you were to get into an accident or something happened where your car was either hit or caught on fire, you would be endangering lives.
 
#9 ·
UselessKnowledge said:
I'm not out to get you, but it is your responsibility to be aware of any laws your car may violate when you mod it. You can't waltz in to court and claim ignorance. The cop did his job .. get over it and cough up the dough.

This coming from a wholesaler for NOS, NX, Zex .... sell it everyday.

I kinda figured I was going to catch responses like this, BUT this is the whole reason why i'm asking for you all have to say.....I don't plan on "waltzing" into court claiming ignorance...but to be honest w/you, I don't plan on "coughing" up the dough as you put it w/o getting my word out.....
 
#10 ·
ax0n said:
Nitrous is hazardous and dangerous to have in your car. If you were to get into an accident or something happened where your car was either hit or caught on fire, you would be endangering lives.

Yea, it sure would suck when the nitrous bottle started leaking and put the fire out. heh

And no, he did not break the law. He does not need a hazmat plaque. I believe the law is <75kg in a passenger vehicle. Ever notice that the bottles have a ****ing DOT stamp on them? You think it is just there to look pretty? Get off this guys nuts.
 
#11 ·
ax0n said:
Most states have laws about transporting nitrous and other oxidizers. Hooked up or not, empty or not, you shouldn't have the bottle in your car on public roads. Having it hooked up makes it look like you use it on public roads. He probably thought you were a hard charger or a street racer and probably assumed that since it was empty you must have been spraying recently.

It's hooked up, you're on the street, and it's empty now. *I* would assume you were spraying on public roads. He probably gave you the ticket to teach you a lesson. I hope it worked. Save it for the track.

Nitrous is hazardous and dangerous to have in your car. If you were to get into an accident or something happened where your car was either hit or caught on fire, you would be endangering lives.

how can you, or a officer make that assumption that I was "street racing"?? Because of the way my car looks? or strictly because I have nitrous? what if I were boosted w/a supercharger/turbocharger? would I still be a "street racer"?

theres no lesson taught here, except don't have the bottle in site of a officer. I'm not trying to be king ricer, but damn, I wasn't speeding, acting the fool or anything, but yet I'm still a street racer......my car doesn't even come close to FnF, nor do I act like it......if you claim nitrous really is that "dangerous" then why sell it to the open public? gasoline is more flammable then a punctured bottle of nitrous by a longshot(if it were to ever get that far) either way, sorry about the rant, but as I said earlier, I'll get my word out and yes i'll probably go in w/a lil bit of ignorance, but i'm saying how many of you actually know others states laws? if everybody abided by the traffic/emission laws, we wouldn't be modifying our cars.......

I'm going to get as much research as I can and i'll go from there......thanks for the help.....

I think : /
 
#12 ·
Don't let them pester you. I roll around with my nitrous bottle within arm distance clearly in view of any cop that happens to even drive next to me in my 800 horsepower car... clearly because the car makes so much power and the nitrous is within arms reach, I am always looking for/completing a street race. :rolleyes:
 
#13 ·
d.bluefocus21 said:
if you claim nitrous really is that "dangerous" then why sell it to the open public? gasoline is more flammable then a punctured bottle of nitrous by a longshot(if it were to ever get that far)

I'm going to get as much research as I can and i'll go from there......thanks for the help.....
Gasoline is dangerous, and nitrous is dangerous, but putting the two together in the back of a car is a recipe for disaster. You don't have to placard for gas because that's an assumed hazard that comes along with internal combustion engines. They sell it because people buy it, there's nothing in 49 CFR that says they have to tell you how to transport it properly, you're pretty much supposed to figure that out yourself. I know that's kinda crappy, but it's the rules.

As far as helping yourself, if the officer didn't actualy verify that there was anything in the bottle, he can't prove you broke the law. If I interpreted the regulation correctly, 49 CFR requires that you placard the vehicle if there's more than one ounce of the stuff in there. If the bottle was in fact not armed, then the pressure guage should have read zero. Unless they actually made you open the bottle, shake it around, or if you admitted that it had juice in it, your entire defense can be summed up in four words.

"The bottle was empty"

It's not illegal to have a metal cylinder hooked up in your back seat, it's the contents that get you in trouble.

~Mike~
 
#14 ·
Carrying nitrous oxide in a car DOES NOT require any permits, licenses, or anything. Go look it up on dot.gov and stop talking about stuff that you have no real clue. Your 49CFR BS has no statutes for Class 2 materials.

Oh, and for the second time, having a fuel tank next to a nitrous tank is not a recipe for disaster. The chances of getting compressed nitrous oxide to seperate and oxidize a fire are slim to none.... it is more likely to act like an extinguisher.
 
#15 ·
Hocky said:
Carrying nitrous oxide in a car DOES NOT require any permits, licenses, or anything. Go look it up on dot.gov and stop talking about stuff that you have no real clue. Your 49CFR BS has no statutes for Class 2 materials.

Oh, and for the second time, having a fuel tank next to a nitrous tank is not a recipe for disaster. The chances of getting compressed nitrous oxide to seperate and oxidize a fire are slim to none.... it is more likely to act like an extinguisher.
Instead of looking it up, why don't you show me since you're so positive? I'm trying to help this guy know what he's talking about before he goes to fight the ticket. You want to be a dick about it, I'll stop and he can go in blind. I'm completely willing to admit I'm wrong, but the burden of proof is on you now, pal.

If nitrous more likely to put out a fire than feed it, why do people shoot it into their engines to make them go faster? Because it enhances combustion through oxidation.

~Mike~
 
#16 · (Edited)
R-code said:
If nitrous more likely to put out a fire than feed it, why do people shoot it into their engines to make them go faster? Because it enhances combustion through oxidation.
And do you know how it does that? Through chemical seperation at extreme heat and pressure. Go build the biggest bonfire that you can and take a nitrous bottle and spray it into the fire and see what happens. The temperature and velocity from pressure are far more likely to put out a fire than enhance one. It takes better than 2000 degrees to seperate it. That'd be one hell of a fire in the first place. Now, if you had unpressurized, liquid nitrous at room temperature, that'd be a different story. Fortunately, that is next to impossible. Yay for the fast and the furious! heh

As for proof, I already showed it to you. 49CFR clearly (or maybe not so clearly, being the nature of our laws) exempts nitrous oxide (along with all class 2s) from all regulations of transportation in a couple of places. Here is one I quickly came up with:

dot bull**** said:
When transported by motor vehicle in conformance with this section,
a material of trade (see Sec. 171.8 of this subchapter) is not subject
to any other requirements of this subchapter besides those set forth or
referenced in this section.

(a) Materials and amounts. A material of trade is limited to the
following:
(1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material
contained in a packaging having a gross mass or capacity not over--
(i) 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I
material;
(ii) 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II,
Packing Group III, or ORM-D material;
(iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2
percent concentration, of a Class 9 material.
(2) A Division 2.1 or 2.2 material in a cylinder with a gross weight
not over 100 kg (220 pounds), or a permanently mounted tank manufactured
to ASME standards of not more than 70 gallon water capacity for a non-
liquefied Division 2.2 material with no subsidiary hazard.
BTW - did you know it is legal for motorhomes/RV's to use nitrous oxide on the street? I've never seen a placard on one of those, either. lol
 
#17 ·
d.bluefocus21 said:
how can you, or a officer make that assumption that I was "street racing"?? Because of the way my car looks? or strictly because I have nitrous? what if I were boosted w/a supercharger/turbocharger? would I still be a "street racer"?

theres no lesson taught here, except don't have the bottle in site of a officer. I'm not trying to be king ricer, but damn, I wasn't speeding, acting the fool or anything, but yet I'm still a street racer......my car doesn't even come close to FnF, nor do I act like it......if you claim nitrous really is that "dangerous" then why sell it to the open public? gasoline is more flammable then a punctured bottle of nitrous by a longshot(if it were to ever get that far) either way, sorry about the rant, but as I said earlier, I'll get my word out and yes i'll probably go in w/a lil bit of ignorance, but i'm saying how many of you actually know others states laws? if everybody abided by the traffic/emission laws, we wouldn't be modifying our cars.......

I'm going to get as much research as I can and i'll go from there......thanks for the help.....

I think : /
I didn't say I assumed you were street racing. But if I had to guess, it's hooked up and empty, there's a good chance it wasn't empty that long ago if it's still hooked up. Maybe it's been empty for weeks, but it's just as likely it's only been empty for an hour or so. Fact of the matter is, people who only use nitrous at the track usually don't keep it in their car (or if they do, they don't leave it hooked up) at all times.

I've sprayed on the street, after helping a few people install nitrous kits. After all, the installer should be able to test the system out. ;)

If I had nitrous though, I'd save it for the track, and I really wish other people would do the same. Also, there are lots of things that are "dangerous" that people can buy that are restricted by laws. Very few places in the US have speed limits higher than 75 MPH. Why aren't cars limited from the factory to 75? Because people are expected to use some moderation and restraint. Those who fail to do so get tickets. Nitrous is the same way.

Also, there are some states where having nitrous hooked up or even in the vehicle on the street is illegal. This supercedes the US D.O.T. laws. I don't know MD's stance, though.
 
#18 ·
Virginia:

NITROUS OXIDE SUPPLIED ENGINES
CODE: § 46.2-1088.4. Devices used to supply nitrous oxide to the engines of motor vehicles.
It shall be unlawful for any person to operate any motor vehicle on the highways of the Commonwealth if such vehicle is equipped with any device that supplies the vehicle's engine with nitrous oxide, unless the device has been disabled such that the supply of nitrous oxide is disconnected and not readily accessible to the source of delivery. Violation of any provision of this section shall constitute a Class 3 misdemeanor. (fine up to $500) (2004, c. 282.)

Maine:

§1926. Nitrous oxide system (REALLOCATED FROM TITLE 29-A, SECTION 1925)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Fill station" means a place that refills nitrous oxide bottles. [2005, c. 31, §1 (new).]


B. "Nitrous oxide system" means a device installed in a motor vehicle that allows nitrous oxide to combine with gasoline for the purpose of increasing engine power. [2005, c. 31, §1 (new).]

[2005, c. 31, §1 (rpr).]

2. Use prohibited. Except as provided in subsection 3, a person may not operate a motor vehicle that is equipped with a nitrous oxide system on a public way. [RR 2003, c. 1, §29 (ral).]

3. Exceptions. A person may operate a motor vehicle equipped with a nitrous oxide system on a public way if:

A. All canisters of nitrous oxide have been removed from the vehicle; or [RR 2003, c. 1, §29 (ral).]


B. The motor vehicle is en route to or from a track where the motor vehicle is used for racing, a car show, an off-highway competition or event or a fill station and:
(1) The nitrous oxide system is made inoperative by disconnecting the line feeding nitrous oxide to the engine; or

(2) All containers of nitrous oxide have been removed from the motor vehicle.
[2005, c. 31, §2 (amd).]

[2005, c. 31, §2 (amd).]

I'm sure you'll see lots of laws like this in many states.
 
#19 ·
ax0n said:
Fact of the matter is, people who only use nitrous at the track usually don't keep it in their car (or if they do, they don't leave it hooked up) at all times.
How many nitrous people do you hang out with? My bottle very rarely gets opened on the street, yet it NEVER comes out of the car. That is the case with every nitrous guy that I know.
 
#20 ·
All the nitrous guys I know spray on the street (and sometimes do other things that I don't really care for) quite frequently, much to my dismay. The few I do know that use their daily drivers at the track usually pull the bottles out when not in use. Of course most of them are autocrossers and I think you can't have it back there when you're autoxing anyways.
 
#21 ·
dbluefocus: I haven't been able to find the Maryland law to quote but I am fairly certain that it is about the same as the quoted VA law. You may be able to plead ignorance since you are from WV, but I would make sure that you were legal under WV law before trying that.

With the problems they have had with "street racing" in the Hagerstown area I doubt that you are going to get out of the ticket no matter what you do.
 
#22 ·
axon, where did you find those laws on Maine and VA? do they have anything on MD? also.....Hal, I'm not trying to plead ignorance,but I still want to go in w/information vs. "hey I don't know ****, please go easy on me"

but heres my take on it......the officer never asked me to open my bottle, assumed I was using it, never weighed the bottle checked it out ect.....that right there is ignorance by itself....i've been doing some reading and asking around, from what I can tell the way the ticket is written has to match pretty damn close to what I done wrong....that's like getting a window tint ticket w/o metering the tint. that doesn't win in court. I'm not necessarily saying my word is better then he his, but he did write his words down on my ticket, and I know i'm allowed to have the officers notes when requested to see what he kept to himself ect....

alot of officers will write down notes to remember whats going on, i'm sure I won't see a court date for this ticket for another 2-3 months, depending on what's goin on...

either or, I think I have a valid argument, theres no ticket or warning for "street racing" driving wrecklessly ect......all I have is a ticket that says use of a power booster lol.....<------I think that's funny, because I never seen that term used before...but anyways, for his own good, he didn't back his own ticket up in my opinion....maybe his word will do him just fine, but i'll definitely get mine out also, and that ticket might actually help me out vs. hurting me......I won't know til it happens, but i'll be doing my research to see what I can do..

anyways, thanks for the help, anymore is appreciated : )

JRS
 
#23 ·
Maryland has not posted the Motor Vehicle Code on the web.

Please read the laws for VA and ME as posted by ax0n. If MD is similar which I suspect it is, the fact that you had the bottle in the car and it was hooked up makes you guilty.

The cop can call it anything he wants it will be properly defined in the section of the MV Code he cited on the ticket.

Once again I will say, your only hope of avoiding paying the fine in addition to court cost and wasting your time is if having the bottle hooked up in WV is legal.