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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.

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