Maine Citizens Against Loud Motorcycles

TO: All Law Enforcement Officers, Inspectors and Inspection Stations
FROM: Lt. Brian P. Scott - Maine State Police Traffic Safety Unit
DATE: 6-22-2010
RE: Motorcycle Laws (5 pages)

Over the past several years the Joint Standing Committee on Transportation has heard several bills dealing with loud exhausts on motorcycles and road noise in general. As a result of a couple of bills that were introduced during the 124th Legislature Second Regular Session there will be a law change in Title 29-A Section 1912, effective July 12th of this year and a law change in Title 29-A Section 1758, effective January 1st, 2012. Please see below:

Effective July 12th, 2010
Sec. 1. 29-A MRSA §1912, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.
Sec. 2. 29-A MRSA §1912, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified ~~to amplify~~ when the result of that modification is the amplification or increase ~~the~~ of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

The above law pertains to all motor vehicles regardless of where they are registered.

Effective January 1st, 2012
Sec. 1. 29-A MRSA §1758, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

2. Without windshield. If the vehicle is not normally equipped with a windshield, the certificate of inspection must be kept with the registration certificate of the vehicle. This subsection does not apply to motorcycles.
Sec. 2. 29-A MRSA §1758, sub-§3 is enacted to read:

3. Motorcycles; proof of inspection. If a motorcycle meets the inspection standard, upon payment of applicable inspection fees pursuant to section 1751, subsection 3A a valid certificate of inspection and an official inspection sticker for the motorcycle must be issued. The certificate of inspection must be kept with the registration certificate of the motorcycle and the official inspection sticker must be affixed to the rear of the motorcycle:

A. On a mounting plate that must be securely fastened to the motorcycle frame or similar integral component of the motorcycle; or

B. On a rear fender or similar frame or integral body part of the motorcycle.

The official inspection sticker must be located so that it is completely and clearly visible from the rear of the motorcycle and may not be affixed to the registration plate.
Sec. 3. Working group; motorcycle noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to motorcycle noise. The working group must include, but is not limited to, representatives from affected citizen groups, local municipalities, the motorcycle industry, motorcycle enthusiast groups and local law enforcement agencies. The working group shall investigate and research industry sound testing standards, particularly the Society of Automotive Engineers Standard J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles," and the feasibility of incorporating United States Environmental Protection Agency noise emission labeling standards into state law. The report of the working group must include an analysis of motorcycle safety inspections and a requirement that an inspection sticker be displayed visibly on the motorcycle. The Bureau of State Police shall report to the joint standing committee of the Legislature having jurisdiction over transportation matters, with findings and recommendations, no later than January 15, 2011.

In addition to the law changes above there are several current laws pertaining to motorcycle operation and equipment. Please see below:

From the Maine Motor Vehicle Inspection Manual
Section 190 - Motorcycle Inspections

5. EXHAUST SYSTEM

A. Reject vehicle if it does not have a muffler that prevents excessive or unusual noise.
B. Reject vehicle if any internal component of the muffler has been removed or altered.
C. Reject vehicle if any mounting or connection is loose, broken, or missing.
D. Reject vehicle if there are any loose or leaking joints, holes, leaking seams or loose interior baffles. Repairs made with a jacket or patch that is welded or brazed securely in place are acceptable. Small holes obviously made by the manufacturer to provide drainage are not cause for rejection.
E. Reject vehicle if the exhaust system is equipped with any bypass or cutout device.
F. Reject vehicle if any flexible tubing has been used to replace any part of the exhaust system unless such tubing was factory installed as original equipment.
G. Reject vehicle if the muffler shield has been removed.
H. Reject vehicle if any unshielded portion of the exhaust system protrudes in a manner that might burn the rider or a passenger seated in a normal position.
I. Reject vehicle if any unshielded portion of the exhaust system is mounted higher than the lowest portion of the passenger seat pan.
J. Reject vehicle if the vehicle is equipped with drag or straight pipes or pipes marked with language or symbols such as “for off-road use only”, indicating that the pipe or pipes are not intended for use on a public way.
K. Reject vehicle if baffles are inserted into the exhaust pipe in place of a muffler. Baffles do not constitute a muffler. The muffler and the exhaust pipe may be welded together.

A violation of the inspection standards above on a Maine registered motorcycle is enforceable under Title 29-A Section 1768.5.

A motorcycle may be equipped with a modulating headlamp
49 Code of Federal Regulations states that the operation of a headlight modulating device is permitted for daytime use if no less than 17% power is applied to the headlight at the low point of the modulating cycle. Federal Motor Vehicle Safety Standards allow the manufacturer of new motorcycles to equip motorcycles with this device. Maine law does not prohibit the operation of a headlight modulator as long as the headlight(s) do not flash or alternate.

A modulator is a device that varies the intensity of the headlight beam, but does not turn the light completely off. Headlight modulation systems must meet the manufacturing standards set forth in the 49 Code of Federal Regulations subsection 571.108 S7.9.4. Headlight flashers or “wig wag” systems that turn the power to the lamp completely on and off are not permitted.

29-A §2062. MOTORCYCLES
1. Seating. Seating on a motorcycle is as follows.
A. A person operating a motorcycle may ride only on the permanent and regular seat attached.
B. More than 2 persons may not ride on a motorcycle.
C. The number of passengers in a sidecar attached to a motorcycle may not exceed the number of permanent seats for which the sidecar has been designed, to a maximum of 2 persons.
D. A passenger may only ride on permanent seating with no more than one passenger occupying each seat.
2. Headlight. When the motorcycle is on a public way, the motorcycle's headlight must be on.
3. Handlebars. A person may not operate on a public way a motorcycle equipped with handlebars whose handgrips are higher than the shoulder level of the operator.
4. Lane use; motorcycles and mopeds. Lane use by motorcycles and mopeds is restricted as follows.
A. An operator of a motorcycle other than a moped may fully use a lane.
B. More than 2 motorcycles may not be operated abreast within the same lane.
C. A motor vehicle may not be driven in such a manner as to deprive a motorcycle of the full use of a lane.
D. A moped may be operated only in single file and as far as practicable to the right side of the way at all times, except when making a left turn
5. Passing. A motorcycle operator may not overtake or pass in the lane occupied by the vehicle being overtaken, except for passing a bicycle. This subsection does not apply to a law enforcement officer performing an officer's duties.
6. Between lines. A person may not operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
7. Raising wheel. A person may not intentionally or knowingly raise the front wheel of a motorcycle off the surface when operating it on a public way or any place where public traffic may reasonably be anticipated.

29-A §2079. UNNECESSARY NOISE
Braking or acceleration may not be unnecessarily made so as to cause a harsh and objectional noise.

29-A §2083. PROTECTIVE HEADGEAR
(CONFLICT)
1. Requirement. The following persons must wear protective headgear:
A. If under 18 years of age, a passenger on a motorcycle or in an attached side car;
B. If under 18 years of age, an operator of a motorcycle;
C. An operator of a motorcycle, operating under a learner's permit or within one year of successfully completing a driving test; and
D. A passenger of an operator required to wear headgear.
2. (CONFLICT: Text as amended by PL 2009, c. 50, §3) Compliance. An operator of a motorcycle, parent or guardian may not allow a passenger under the age of 18 years to ride in violation of this section.
2. (CONFLICT: Text as amended by PL 2009, c. 55, §4) Compliance. An operator of a motorcycle or autocycle or a parent or guardian may not allow a passenger under the age of 15 years to ride in violation of this section.
3. Standard. Protective headgear must conform with minimum standards of construction and performance as prescribed by the American National Standards Institute specifications Z 90.1 or by the Federal Motor Vehicle Safety Standard No. 218.
4. Public program. In furtherance of reasonable protective public policy, the Department of Public Safety, Bureau of Highway Safety must develop and implement a public information and education program designed to encourage helmet utilization by all motorcycle and moped riders.
5. Violation. Violation of this section is a traffic infraction.