Attn Maine Readers: New noise law also targets motorcycles
State and local police plan to crack down on drivers whose vehicles make too
much noise, when changes to a state road noise law go into effect July 12.
That means if a motorcycle’s exhaust system has been modified so it is
louder than when it first was installed, a driver is in violation.
“This applies to all vehicles, so if someone is issued a ticket for
operating a motor vehicle with excessive exhaust noise, it’s a $137 fine,”
said Lt. Brian Scott, commander of the state police traffic safety unit.
Waterville police Chief Joseph Massey said police will issue warnings to
motorists for the first two weeks the law is in effect, then issue tickets
after that.
He said his department receives a lot of complaints from people about
motorcyclists revving up their engines downtown, where the noise echoes off
buildings. They also tend to rev up engines as they go through underpasses,
he said.
“I think that noise pollution created by motorcycles is a very real issue
within the city,” Massey said. “I think it is a quality-of-life issue …
and I think it’s really counterproductive to the efforts to make the city
more attractive, particularly in the downtown.”
Massey said people in residential areas also should not have to listen to
loud motorcycles.
“You can sit in The Concourse sometimes in the evening, and you can hear
motorcycles on Kennedy Memorial Drive and Upper Main Street,” he said.
Massey said he was at a red light recently, four cars back from a motorcycle
at the light, and he could hear the motorcycle as it was idling, but not the
engines of the other cars. Motorists and others often are startled by loud
exhausts, he said.
“If we allowed cars to do it, it’d be awful downtown,” he said. “You’d have
to walk around with ear plugs.”
Massey said he called District Attorney Evert Fowle to notify him that he
would be enforcing the changes to the road noise law and to ask if Fowle
would back him on that.
Fowle said Thursday that he absolutely supports Massey in the effort to
ticket people whose vehicles create excessive noise that intrudes on others.
“Those people ought to go to court,” Fowle said. “It shows very little
consideration for others. I told (Massey) that I support him 100 percent,
and my office will prosecute every case when there’s sufficient evidence.”
The current law governing road noise says vehicles must have adequate
mufflers that are maintained properly to prevent excessive or unusual noise.
Language is being added that says excessive or unusual noise includes motor
noise that is noticeably louder than that of similar vehicles in the
environment.
The law says an exhaust system may not be modified with the intent to make
it louder. The upcoming change leaves out the “intent” part and says the
exhaust may not be modified if the result is amplification or noise that is
louder than the muffler originally installed on the vehicle.
Lt. Scott of the state police said vehicles registered in Maine are subject
to inspection standards, and someone with a modified exhaust system could be
cited for operating a defective motor vehicle. The fine could be $137, he
said. Vehicles registered in other states are subject to Maine’s noise law,
but not to the inspection rules, he said.
A motorcyclist who was ticketed for excessive noise took the case to court
and won because he proved to the judge under the current law that his intent
was not to make his motorcycle louder, but to enhance its performance,
according to Scott.
Excessive noise from exhaust systems is a seasonal issue that also is
notable in coastal areas, including the U.S. Route 1 corridor, where there
is increased traffic near homes and bodies of water.
“It’s a significant issue, and I’m glad that steps are being taken to
address it,” he said.
Scott emphasized that many motorcycle enthusiasts are law-abiding and
operate their motorcycles responsibly and respectfully.
Lynne Dailey, treasurer of the Kennebec County Chapter of United Bikers of
Maine, said the organization is watchful about the noise issue and has
members who attend legislative meetings about such matters.
“We try to have a good reputation with the government and people in the
Legislature,” Dailey said. “We tell people at our meetings all the time,
‘Quiet down. We don’t want motorcycles to get a bad name.’ Yet there are
motorcyclists that do it on purpose.”
Dailey said she thinks sometimes people have a negative attitude toward
motorcyclists, but she added that many are professional people and many work
with children. United Bikers raises a lot of money for charities, she said.
Dailey questions whether police have the time and manpower to enforce the
changes in the road-noise law.
Motorcyclist Marc Bizier of Vassalboro said his Harley-Davidson is not
modified and that he does not rev up his engine needlessly, but he does not
mind hearing loud pipes.
“I really love the sound of the modified pipes to increase the horsepower,”
he said.
He said sometimes motorcyclists rev their engines to keep them from stalling
and to maintain control of their bikes.
He does not approve of changes to the law.
“I think it’s ridiculous that they would even think of making ordinances
like this,” he said. “There are too many people in the Legislature making
too much noise already.”
As required by law changes, state police are convening a working group to
study issues relating to highway traffic noise, including noise created when
an exhaust system is altered or not properly installed or maintained.
The group, of which Scott will be chairman, will include state, local and
county law enforcement officials; a commercial motor carrier association;
officials from the state Department of Transportation and Maine Turnpike
Authority; and a neighborhood or neighborhood association affected by
highway noise.
The group is to submit a report, including findings and recommendations to
the Legislature, by Jan. 15, 2011.
Here is more information on what is happening with noise regulations
What the AMA did to defeat it in New York.
A 57 page presentation, complete with pictures of a survey they did of several different dealers and manufacturers, complete with pictures. Turns out NONE of the manufacturers meet the requirement that the labels are placed “in a color that contrasts with its background” and there’s a statement from the EPA that says they don’t regulate noise, go ask the DOT.
http://syntheticmachine.net/EPAlabelsurvey/EPA_Label_Flash.swf
For information on motorcycle legislation and laws you can go to http://boltusa.org/
It’s been happening here in Southern California for 18 months. I actually got my bike towed away because I made such a stink so I don’t advise my mouthy approach to anyone…it’s too costly! The cops at the beach have a comic book of H-D pictures with stock exhausts and if your bike doesn’t have a stock exhaust. on it..it’s ticket time.
I’m glad i live on the left coast !
Boston City Council Passes Law allowing them
To Design Your Motorcycle or Face $300.00 Fine
Boston EPA Stamp Ordinance Attempts to Halt Custom Motorcycle Building
by Bill Gannon
A mix of valid points with false claims and an obvious lack of research has allowed a Boston Politician to trade favors and hustle through a law that will ticket any motorcyclist that rides, or even parks, their motorcycle in the city of Boston with a $300.00 fine if the Environmental Protection Agency (E.P.A.) Stamp is not “readily visible” to the enforcement officer.
The ordinance allows any Boston Law and/or Traffic Enforcement Officer, including Meter Maids, to issue a $300 ticket to any motorcycle that does not have a “readily visible” EPA Certification which matches their motorcycle’s frame certification and/or model. Under this new ordinance any rider can expect a ticket if they modify their exhaust or purchase an after-market exhaust system. Unlike your cage where you can purchase a new exhaust from Midas and save more than 50% of what a cage dealership would charge, you must have stock pipes for your brand and model motorcycle or else your liable for that $300 fine within Boston’s city limits.
Petitions for similar laws are starting to spread across this country like wildfire— or at least they were until a group of concerned Motorcyclists’ Activists got together and filed suit against the City of Boston to kill this repugnant ordinance.
Enter the Massachusetts Riders For Justice (R.F.J.) Committee!!!
Where have we heard that name before? I remember.
It was ten years ago and the Massachusetts State Police were acting repugnant— harassing motorcyclists over so-called “un-approved helmets” and, at that time, Massachusetts had no competent motorcyclist’s rights organization to put a stop to that absurdity. Thus the R.F.J. formed and did what was necessary to abate the Staties nonsense.
Well history repeats itself. Once again, with no organization in Massachusetts having the competent leadership and skills adequate enough to deal with Boston’s repugnant new ordinance, Massachusetts’ riders have called upon those who have acted in the past to positively abate Boston’s nonsense.
A.M.A. Stalwart Paul Cote` has authored a lawsuit against the City of Boston to strike down this new ordinance.
Additional plaintiff’s, besides Paul, include Vince Silvia of the M.M.S.F.; Larry Cahill webmaster for BostonBiker.com; Former M.M.A. Treasurer, webmaster for the anti-helmet-law website RideTopless.com and stalwart activist Mike Longtin; and also me.
Paul also assembled a group of dedicated and talented volunteers to re-convene the R.F.J. with some past R.F.J. patriots and some of Massachusetts’ more prominent activists who have shown tremendous leadership skills and talents necessary in the good fight for what is right. In August the R.J.F. was officially incorporated as a not-for-profit organization. Plaintif Mike Longtin has developed the group’s website: http://www.justicerider.com
Those individuals who have taken leadership positions as R.F.J. Committee Members include all of the above-mentioned plaintiffs plus Past R.F.J. & ABATE of Massachusetts Co-founder/Presidents Georgia Sophis; Former ABATE Stalwart and Hyde Park Harley Riders Leader Alan Whitman, Massachusetts H.O.G. Leader and tattooist Ed Murphy; Tom Newhook, Former S.E.-M.M.S.F./Brian’s Ride Road Captain and Hero of the horrific March 24, 2007 Middleboro Accident that seriously injured Tom and took the life of his best friend Brian Mello (the annual Brian’s Ride celebrates Tom’s heroism as well as Mr. Mello’s demise.
Rounding out the R.F.J. is Post Columnist Betsy Lister serving as Committee Treasurer; Chuwee of the Boston Divas Motorcycle Club; Jakie Eras of the M.M.S.F.; Former A.R.C. Leader Lynanne Dunn; Former ABATE Activist Jimmy Carr and our Attorney, Joseph Provansano of Peabody, Massachusetts.
The Riders for Justice are busy raising funds to fund this enormous and expensive legal undertaking. This all-volunteer committee has limited resources and are fighting Boston’s Legal Department who have tremendous financial resources and 60+ attorneys on their staff. Indeed this is an uphill battle for the R.F.J.
The sponsor of this new ordinance is Boston City Councilor Salvatore LaMatina. While Councilor LaMatina has made some valid points with respect to noise pollution and quality of life issues impaired by motorcycles with loud exhaust systems, he apparently offered false claims and an obvious lack of research to his colleagues— and just plain traded favors to get this ordinance hastily passed without any input from the motorcycling community. Typical Boston Politics at it’s best.
Councilor LaMatina made invalid assumptions that after-market manufacturers of motorcycle parts are villains and the perpetrators of his loud exhaust noise conspiracy. Many after-market exhaust systems are quieter than original equipment systems, have the EPA stamp upon them and offer improved and ecological performance. He further made invalid inferences about why motorcyclists modify exhaust systems.
Consumers go to Midas, when they need to replace their automobile’s exhaust system because Midas prices are more economical than having the same work performed at automobile dealerships. This holds true with most after-market motorcycle exhaust systems also. In this economy Americans are expected to shop around for the best prices.
The Boston City Council has absolutely no idea about the reasoning behind the Justice Riders’ lawsuit against this ordinance. The lawsuit has nothing to do with motorcyclists wanting to possess noisy exhaust systems. It is about a misguided policy that will subject law-abiding motorcyclists to unfair penalties.
Boston’s City Council did not perform adequate research into this EPA regulation. They did not consult with motorcycling professionals before pushing this hastily-approved law through after only three of Boston’s City Councilors were present for a rushed, obscure public hearing on the issue.
The EPA Approval procedure for all vehicle exhaust systems was designed at the Federal level as a consumer protection measure in an effort to protect the purchaser. It was NEVER designed to be a law enforcement tool and is ineffective policy for same.
Because of components and styling in the production of many brands of motorcycling, the “EPA Approval” Stamp cannot be “readily visible” on 98% of all motorcycles, including Boston Police motorcycles.
Furthermore the EPA Stamp exempts motorcycles and motorcycle exhaust systems produced before 1982, and after 3730 miles and/or a year.
Some motorcyclists alter their original equipment exhaust systems on their motorcycles to make them louder by removing the baffles inside of their EPA stamped mufflers. Therefore, while their motorcycles are improperly loud according to Massachusetts’ statutes— they would “pass” this EPA Stamp requirement under this Ordinance.
In 1995 I was appointed by Massachusetts Registrar of Motor Vehicles to assist in re-designing Massachusetts’ Motorcycle Inspections Procedures. Various motorcycles’ exhaust systems were a well-discussed topic during that process.
The State of Massachusetts required the Inspections Procedures to include that motorcycle exhaust systems contain heat shields. Those heat shields cover the “EPA Approval” Stamps on a large percentage of motorcycles, requiring dismantling of those heat shields in order to see the EPA Stamp.
Furthermore I find this Ordinance immoral by the very nature of it’s exorbitant $300 fine. That’s not policing— IT’S RAPE OF MOTORCYCLIST’S WALLETS!!!
Boston led the cry of “Taxation Without Representation” in 1774 over the Stamp Act, which motivated protestors to dump tea in the Boston Harbor. Citizens have a “right to travel” from one community to another with an expectation that compliance with State Inspection Laws on their vehicles equals compliance with local laws.
As a proud Massachusetts resident, I totally resent this new “EPA Stamp Act” in the Capitol City of my home state. I again cry this is “Taxation Without Representation,” for non-residents who work in Boston or who visit the City and spend their money there— while the City of Boston assaults motorcyclists to acquire new revenue off our backs.
Thus far this Ordinance has only been successful in the acquiring a significant reduction of revenue for Boston Vendors because thousands of motorcyclists, offended by the prospect of receiving a $300 ticket, are avoiding City of Boston tourism events.
The bottom line is that this is just another Boston Government’s folly, akin to other follies like the brown-out closing of Fire Stations rather than cutting the pork in municipal government.
Most motorcyclists agree that offensively loud noise should be dealt with by enforcing Massachusetts existing noise laws.
The real issue here is that almost every motorcycle compliant with Massachusetts Statutes are subject to a $300 citation in Boston because their EPA Stamp is not “readily visible” because of product design components. Boston’s new Ordinance assails law-abiding motorcyclists who have almost no recourse to right the repugnant Ordinance — except through the Court with the success of the Justice Riders’ lawsuit.
Since the ordinance This is coming to your town
We do not act on behalf of motorcycles that are too loud. Rather we act to preserve the rights of those of us who either ride our stock bikes or customize our vehicles. Motorcyclists are now being placed in financial jeopardy because of Boston’s repugnant ordinance.
Since we acted, many municipalities including Greenwich, RI and Portland, ME are looking at the City of Boston’s leadership on this issue and more of these “E.P.A. Stamp Ordinances” are passing or are on the verge of passing same.
Boston’s lead can have tremendous influence on municipalities throughout this nation, which could have a serious financial impact on the industry members of your organization. Major companies such as Harley Davidson, J & P Cycles, Honda, KTM, as well as Custom Builders, Parts Manufactures, Distributors, Retailers right down to the garage owner conducting a yearly inspection are affected.
One only needs to look at the significant attendance decline this past May at Myrtle Beach when word got out in the motorcycling community that they were NOT welcomed by public officials, which created a financial hardship to establishments, after market companies and motorcycle distributors. Motorcyclists’ fear of unfair citations kept them away.
Widespread ordinances throughout the country will place a financial burden on motorcyclists if fined, create a fear of harassment and discrimination and discourage men and women from riding motorcycles. If ordinances, such as this one in Boston continues, it will negatively impact industry growth opportunities and cause a significant decline in ridership. It just won’t be worth the hassle and burden to ride a motorcycle.
There has been no ticketing in Boston yet only because a judge ruled on a motion within our lawsuit that requires the City of Boston to cover the entire legal costs of any individuals that are ticketed and fight their tickets, should we win our lawsuit.
I enclose a copy of our lawsuit and legal documentation to date. More documentation and information can be found at our website: http://justicerider.com.
However, at this point the City of Boston is using their massive resources to have our suit dismissed. If we can’t win it here, then I see this issue spreading life wildfire across the nation. Such is evident in recent news releases of ordinances being passed or considered by municipalities throughout the country.
Thus, our stand here in Boston must be strong and well maintained. As a group of volunteers with very limited resources, we are giving it all that we can. However additional resources are desperately needed.
Coming to your town soon?
http://www.falmouthpolice.us/Noiseabatement.htm
I am very suprised that they are saying the MMA ( Modified Motorcycle Assocuation) Is supporting this.
The MMA is suppose to be a motorcycle rights group.