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Maine Citizens Against Loud Motorcycles
A grassroots coalition of Maine residents dedicated to bringing peace & quiet to our streets & neighborhoods by passing & enforcing state laws & local ordinances to assure that motorcycles run legally
and quietly in Maine.
and quietly in Maine.
M E C A L M
©Maine Citizens Against Loud Motorcylces
Full text of letter sent February 16, 2010 to members of the Maine legislature's Transportation Committe, and other state officials
As supporters of MECALM (Maine Citizens Against Loud Motorcycles), we 40 Maine residents are dedicated to freeing our state of Maine from excessive motorcycle noise. To this end, we have spent several months gathering data concerning this subject and would like to offer the following recommendations resulting from our research.
In summary we recommend the following (further details on each item below):
·While we remain open to learning more about roadside testing, we believe this test developed and funded by the motorcycle industry itself has serious flaws that make it impractical, expensive, and unlikely to hold up in court.
·In passing the EPA matching label requirement, the legislature should specify that only bikes being operated loudly can be stopped and checked for compliance. This should allay fears that bikes that lack the EPA labels, but are quiet nonetheless, would be unfairly targeted and ticketed. Parked bikes would also be exempt.
·There is no need to wait or further study the issue of visible inspection stickers for motorcycles. No study is needed. The fact that 38% of Maine’s 50,000 motorcycles are uninspected each year makes this imperative, and the legislature should act now. We believe most of the 20,000 uninspected bikes likely have illegally loud mufflers.
SAE J2825 STATIONARY ROADSIDE MOTORCYCLE EXHAUST
We believe roadside testing to be an inadequate and inefficient method of regulating motorcycle noise for the following reasons:
*The equipment can be costly because courts in the past have required extremely
accurate noise meters that could easily exceed $1500, a cost most communities can not afford in these times of tight budgets.
*The testing method does not lend itself to everyday officer-on-patrol enforcement as
not all officers would have sound meters.
* Because the method of using sound meter equipment is complicated and requires significant technical expertise (and precise calibration of meters), there are likely to be technical trip-ups that can be challenged in court.
Despite our initial reservations, we remain open to learning more about roadside testing and particularly the results of any research conducted by the Maine State Police. However, we strongly believe that such testing should never be considered 100% of any solution, but rather a future tool that some police departments or communities may choose, to be used in conjunction with the EPA matching label system and visible inspection stickers on bikes.
EPA MATCHING LABEL SYSTEM
We highly recommend adopting the EPA label ordinance because:
*It does not require investing in expensive equipment.
* It has been shown to be successful in those US communities that are using it, notably Denver, where city officials report they now receive few if any complaints about motorcycle noise
* EPA compliance enforcement has held up in court and is less vulnerable to challenge.
* It can be easily used by all officers in the field as opposed to only those who have sound meters.
* It is a federal law.
Our desire is not to penalize motorcycles that are operating quietly. While we would prefer that all bikes comply with the federal law EPA matching law, some after market exhausts that lack the required label do operate quietly. Therefore, we suggest that the law be written so that only motorcycles operated in a disturbingly loud manner be stopped and checked for EPA label compliance. Motorcycles being operated quietly, or those parked and not operating at all, would not be subject to matching label checks. We believe this provision should eliminate any objections that quiet operators will be unfairly inconvenienced or targeted, a commonly expressed fear within the biking community. Only loud bikes, in the enforcing officer's opinion, would be stopped. And the officer would have a simple means (checking for the matching labels on exhaust and chassis) at hand, without the need for expensive and complicated sound testing equipment. At a minimum, fines for violations should start at $250 for a first violation, and $500 for subsequent ones, to provide a meaningful deterrent. At the same time, officers can check the same loud bike for state inspection compliance. Our goal is not to see motorcyclists hit with heavy fines, but merely to have them comply with the law and operate quietly and respectfully.
VISIBLE MOTORCYCLE INSECTION STICKERS
Regardless of whether the Transportation Committee decides to further study roadside testing and the EPA matching label system, we strongly urge immediate passage in the current 2010 session of legislation requiring the visible state inspection sticker on the left front fork where it is clearly visible to law enforcement. There is no need to wait. The fact that 38% of Maine's 50,000 motorcycles go uninspected each year makes this change imperative. Encouraging greater inspection compliance will begin to curb the noise problem (missing or severely altered mufflers would fail inspection), reduce air pollution from tampered exhausts, and lead to safer bikes overall. Further, it is a simple matter of fairness that motorcycles in Maine should abide by the same inspection sticker display requirements that apply to every car and truck in the state.
However, we caution that checking for inspection should not be the sole method of noise regulation as bikers are known to install stock mufflers for inspection and then switch to loud after-market mufflers post inspection. Also, checking for Maine state inspection would obviously not apply to out of state motorcycles.
EDUCATION OF LOCAL LAW ENFORCEMENT
Local police should be educated by the state concerning the regulation of motorcycle noise. At the very least, police could be stopping loud bikes to check for the required annual inspection sticker. Police should also be warned that they themselves should not be operating motorcycles without the inspection sticker or without a legal muffler. When a motorcycle’s EPA certified exhaust is replaced with an open pipe system such as drag pipes, the air pollution equipment is disabled. This is illegal under federal law and is a Class E crime under Maine law.
SUGGESTED BILL WORDING
Following is a suggestion for a bill regulating motorcycle noise:
IN THE YEAR 2011, a bill regulating the noise levels of motorcycles
Whereas, On a daily basis, state of Maine residents contend with noise
pollution from various sources. A chief contributor of this excessive noise is
motorcycle exhaust systems.
Whereas, To combat excessive noise pollution, the Environmental
Protection Agency has codified a motorcycle and a motorcycle exhaust
system labeling program, 40 C.F.R. §§205.158, 205.169 respectively, which requires motorcycle and motorcycle exhaust system manufacturers to attach a permanent label to their manufactured products stating that the product meets the Environmental Protection Agency's noise emission requirements. The
purpose of the labels is to ensure that specific motorcycles and exhaust systems fully comply with their tested noise emission requirements.
Whereas, Neither this problem nor its remedy are unique to Maine
Other local governments, including Denver. CO and Green Bay, WI and Boston, MA, have enacted ordinances requiring exhaust system labels to
combat excessive noise pollution; and,
Whereas, The state of Maine has the authority to control and abate
excessive noise produced by the operation of motor vehicles, pursuant
to M.G.L. chapter 40, section 21 (22) and does so by regulating
excessive noise from motor vehicles and by prohibiting certain motor
vehicle exhaust system modifications. However, enforcement is often
difficult and more can be done. By creating new mechanisms based on
existing standards, we can improve the state's mission of reducing
noise pollution.
Now, therefore
be it ordained by the state of Maine, as follows:
(a) Motorcycle Exhaust System Labeling:
1) No person shall use or operate a motorcycle, within the state of Maine, manufactured subsequent to Dec. 31, 1982, that does not
bear the required applicable Federal EPA exhaust system label pursuant
Code of Federal Regulations Title 40, Volume 24, Part 205, Subparts D
and Subpart E.
2) All violations of subsection (a)(1) shall be punishable by a fine
of $250 for the first violation and $500 for any subsequent violations.
3) All traffic law enforcement officers shall have the authority to enforce subsection (a) of this section.
Section 2
The provisions of this section shall be effective immediately upon enactment.
Thank you for your kind attention.
As supporters of MECALM (Maine Citizens Against Loud Motorcycles), we 40 Maine residents are dedicated to freeing our state of Maine from excessive motorcycle noise. To this end, we have spent several months gathering data concerning this subject and would like to offer the following recommendations resulting from our research.
In summary we recommend the following (further details on each item below):
·While we remain open to learning more about roadside testing, we believe this test developed and funded by the motorcycle industry itself has serious flaws that make it impractical, expensive, and unlikely to hold up in court.
·In passing the EPA matching label requirement, the legislature should specify that only bikes being operated loudly can be stopped and checked for compliance. This should allay fears that bikes that lack the EPA labels, but are quiet nonetheless, would be unfairly targeted and ticketed. Parked bikes would also be exempt.
·There is no need to wait or further study the issue of visible inspection stickers for motorcycles. No study is needed. The fact that 38% of Maine’s 50,000 motorcycles are uninspected each year makes this imperative, and the legislature should act now. We believe most of the 20,000 uninspected bikes likely have illegally loud mufflers.
SAE J2825 STATIONARY ROADSIDE MOTORCYCLE EXHAUST
We believe roadside testing to be an inadequate and inefficient method of regulating motorcycle noise for the following reasons:
*The equipment can be costly because courts in the past have required extremely
accurate noise meters that could easily exceed $1500, a cost most communities can not afford in these times of tight budgets.
*The testing method does not lend itself to everyday officer-on-patrol enforcement as
not all officers would have sound meters.
* Because the method of using sound meter equipment is complicated and requires significant technical expertise (and precise calibration of meters), there are likely to be technical trip-ups that can be challenged in court.
Despite our initial reservations, we remain open to learning more about roadside testing and particularly the results of any research conducted by the Maine State Police. However, we strongly believe that such testing should never be considered 100% of any solution, but rather a future tool that some police departments or communities may choose, to be used in conjunction with the EPA matching label system and visible inspection stickers on bikes.
EPA MATCHING LABEL SYSTEM
We highly recommend adopting the EPA label ordinance because:
*It does not require investing in expensive equipment.
* It has been shown to be successful in those US communities that are using it, notably Denver, where city officials report they now receive few if any complaints about motorcycle noise
* EPA compliance enforcement has held up in court and is less vulnerable to challenge.
* It can be easily used by all officers in the field as opposed to only those who have sound meters.
* It is a federal law.
Our desire is not to penalize motorcycles that are operating quietly. While we would prefer that all bikes comply with the federal law EPA matching law, some after market exhausts that lack the required label do operate quietly. Therefore, we suggest that the law be written so that only motorcycles operated in a disturbingly loud manner be stopped and checked for EPA label compliance. Motorcycles being operated quietly, or those parked and not operating at all, would not be subject to matching label checks. We believe this provision should eliminate any objections that quiet operators will be unfairly inconvenienced or targeted, a commonly expressed fear within the biking community. Only loud bikes, in the enforcing officer's opinion, would be stopped. And the officer would have a simple means (checking for the matching labels on exhaust and chassis) at hand, without the need for expensive and complicated sound testing equipment. At a minimum, fines for violations should start at $250 for a first violation, and $500 for subsequent ones, to provide a meaningful deterrent. At the same time, officers can check the same loud bike for state inspection compliance. Our goal is not to see motorcyclists hit with heavy fines, but merely to have them comply with the law and operate quietly and respectfully.
VISIBLE MOTORCYCLE INSECTION STICKERS
Regardless of whether the Transportation Committee decides to further study roadside testing and the EPA matching label system, we strongly urge immediate passage in the current 2010 session of legislation requiring the visible state inspection sticker on the left front fork where it is clearly visible to law enforcement. There is no need to wait. The fact that 38% of Maine's 50,000 motorcycles go uninspected each year makes this change imperative. Encouraging greater inspection compliance will begin to curb the noise problem (missing or severely altered mufflers would fail inspection), reduce air pollution from tampered exhausts, and lead to safer bikes overall. Further, it is a simple matter of fairness that motorcycles in Maine should abide by the same inspection sticker display requirements that apply to every car and truck in the state.
However, we caution that checking for inspection should not be the sole method of noise regulation as bikers are known to install stock mufflers for inspection and then switch to loud after-market mufflers post inspection. Also, checking for Maine state inspection would obviously not apply to out of state motorcycles.
EDUCATION OF LOCAL LAW ENFORCEMENT
Local police should be educated by the state concerning the regulation of motorcycle noise. At the very least, police could be stopping loud bikes to check for the required annual inspection sticker. Police should also be warned that they themselves should not be operating motorcycles without the inspection sticker or without a legal muffler. When a motorcycle’s EPA certified exhaust is replaced with an open pipe system such as drag pipes, the air pollution equipment is disabled. This is illegal under federal law and is a Class E crime under Maine law.
SUGGESTED BILL WORDING
Following is a suggestion for a bill regulating motorcycle noise:
IN THE YEAR 2011, a bill regulating the noise levels of motorcycles
Whereas, On a daily basis, state of Maine residents contend with noise
pollution from various sources. A chief contributor of this excessive noise is
motorcycle exhaust systems.
Whereas, To combat excessive noise pollution, the Environmental
Protection Agency has codified a motorcycle and a motorcycle exhaust
system labeling program, 40 C.F.R. §§205.158, 205.169 respectively, which requires motorcycle and motorcycle exhaust system manufacturers to attach a permanent label to their manufactured products stating that the product meets the Environmental Protection Agency's noise emission requirements. The
purpose of the labels is to ensure that specific motorcycles and exhaust systems fully comply with their tested noise emission requirements.
Whereas, Neither this problem nor its remedy are unique to Maine
Other local governments, including Denver. CO and Green Bay, WI and Boston, MA, have enacted ordinances requiring exhaust system labels to
combat excessive noise pollution; and,
Whereas, The state of Maine has the authority to control and abate
excessive noise produced by the operation of motor vehicles, pursuant
to M.G.L. chapter 40, section 21 (22) and does so by regulating
excessive noise from motor vehicles and by prohibiting certain motor
vehicle exhaust system modifications. However, enforcement is often
difficult and more can be done. By creating new mechanisms based on
existing standards, we can improve the state's mission of reducing
noise pollution.
Now, therefore
be it ordained by the state of Maine, as follows:
(a) Motorcycle Exhaust System Labeling:
1) No person shall use or operate a motorcycle, within the state of Maine, manufactured subsequent to Dec. 31, 1982, that does not
bear the required applicable Federal EPA exhaust system label pursuant
Code of Federal Regulations Title 40, Volume 24, Part 205, Subparts D
and Subpart E.
2) All violations of subsection (a)(1) shall be punishable by a fine
of $250 for the first violation and $500 for any subsequent violations.
3) All traffic law enforcement officers shall have the authority to enforce subsection (a) of this section.
Section 2
The provisions of this section shall be effective immediately upon enactment.
Thank you for your kind attention.