Honestly, at both settings on the exhaust (thru-hull and diverted down) as long as the decibel level meets state law why ban it??? Hmm, I can go from legal to even quieter and back again with a switch. Maybe mandate that if equipped it needs to be on the quieter setting at night?
As far as the picture posted by APS, from the distance that the picture was taken it is hard to see the driver anyhow. It has nothing to do with the nose of the boat...That is misleading. Go figure?

I don't see boats typically driving around with their noses so high in the air that they can't see where they are going. That is not the problem on the lake.
To heck with the 130mph Cat, below is a speedo pic from my boat, 194mph. Bet the Cat can't do that! (actually it was a bad ground that whacked out the speedo but the picture was priceless)