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Tuesday, February 22, 2005
Motorcycle noise bill in for a fight
By Colin Manning
N.H. Statehouse Writer
cmanning@fosters.com
CONCORD — Police on the Seacoast are hoping to change the law in an effort to muffle noise from motorcycles, but are expected to run into strong opposition.
Today, the House Transportation Committee was scheduled to hear testimony on House Bill 326 which seeks to simplify enforcement of motorcycle noise.
“This isn’t really a law enforcement issue, it’s the result of a number of complaints in our area,” said Portsmouth Deputy Police Chief David Young. “The way the law is written now, it’s almost impossible to enforce. We’re looking to simplify the process to end the frustration we have in not being able to enforce the law, and at the same time address the concerns of the public.”
The bill, sponsored by Rep. MaryAnn Blanchard, D-Portsmouth, would make it illegal for motorcycles to produce a noise level of over 110 decibels.
What may be the most contentious part of the bill, the proposal also makes it illegal for motorcycles to operate with a modified exhaust system, also known as “straight pipes.”
Young said the bill would allow police to issue tickets to operators who remove the “baffles,” which muffle noise, from exhaust systems.
“This would allow police to test bikes without using a (decibel) meter. It would be a simple equipment violation,” Young said. “If there are no baffles, it’s illegal.”
The bill is getting strong support from the New Hampshire Chiefs of Police Association.
Motorcycle enthusiasts worry the bill would hurt the industry.
Jennifer Anderson, director of the Laconia Motorcycle Week Association, said regulating noise makes sense. However, the association feels the bill’s language is too vague when addressing exhaust systems. Anderson said the changes in the law would be “too subjective” and could force some motorcycle riders to stay home during Bike Week.
“It’s not the idea behind the legislation that bothers me,” Anderson said. “Unfortunately when you have a few bad apples, it puts a black cloud over the entire industry. But many people buy used bikes which have been modified over the years. Say I bought a new bike that was 94 decibels and I put a new exhaust on which would make it 96. My reading of the bill says that would be illegal.”
Current law prohibits any person from operating a motorcycle that has a measured noise level of more than 106 decibels. What makes enforcing the law a challenge is the mandate for how the noise level is measured, Young explained.
The existing law requires that a decibel meter be held 20 inches from the exhaust pipe at a 45 degree angle, while the engine is operating at 2,800 revolutions per minute for motorcycles with one or two cylinders and 3,500 rpms for motorcycles with three or more cylinders.
In order to properly conduct the test, a police officer would need a decibel meter, which Young said many departments do not have. In addition, at least two officers are needed to conduct the test, one to operate the meter and the other to check the rpm’s.
“Most departments can’t spare two or three officers to do the test with everything else going on. Plus, decibel meters are costly, and most departments don’t have them,” Young said. “This bill makes it a simple equipment violation. The bill actually raises the decibel level, but makes it easier to enforce.”
Under the bill it would be illegal for a motorcycle to operate at a noise level of more than 110 decibels regardless of the rpm level. Police departments with decibel meters could enforce the new noise level from up to 10 feet away, instead of tying up two officers to conduct the test.
While Anderson said many in the industry sympathize with the public, she said the proposed bill reaches too far.
“I’d like to make it very well-known that my ears hurt too when someone opens it up full throttle to go five yards. I don’t understand why a small few do that,” Anderson said. “But I feel sometimes education is wiser than legislation. This bill did not stem from Motorcycle Week, it stems from the loud motorcycles on the Seacoast and I can understand that. But I do think there’s a small crowd that attends our rally that may respond negatively, and if a lot of people got ticketed they may not come back the next year.”
Young acknowledged the bill has a tough fight ahead of it.
“We’re expecting a lot of resistance to this, but this is a direct result of the frustration we’ve had and the public has had,” he said.
N.H. Statehouse Writer Colin Manning can be reached at 226-3633 or statehouse@fosters.com