MotorcycleNoise

Regulation of Motorcycle Noise
Critical to Neighborhood
Character
      By ANDY FORD

  When someone says the word "motorcycle," many of us immediately think
"loud."
That's unfortunate, considering the many thousands of bikers who ride their
motorcycles well within the parameters of legal decibels. These folks
recognize the importance of keeping their noise level on par with the average
car so that we all may enjoy our homes, our neighborhoods and our
communities free of loud noise. This mode of transportation is being eyed by
even more folks, due to its efficiency in fuel consumption.

However, there are folks we all know who feel that their need to show off
their bike far supercedes the tranquility of our neighborhood - and even the
law. And they're not hard to find – you can usually hear them well before you
can see them. The excessive noise that most people consider a significant
annoyance is actually illegal under both federal and Maine laws.

Since January 1, 1983, the Environmental Protection Agency has required
that all new motorcycles sold in the United States have a noise compliance
label installed on the chassis at the factory, and a matching label engraved
on the muffler. The noise level permitted for these motorcycles is 80 decibels.
Any 1983 or newer motorcycle that is operated on a public way without the
matching labels, or has a muffler modified to make more noise, is in violation
of federal law. (This link, http://noiseoff.org/pipes/section.09.01.shtml, will
access more detailed information on the Noiseoff website.)

The noise label is also an air emissions label and when a legal muffler is
replaced with an illegal one, or the legal muffler is modified to make more
noise, the toxins released into our air greatly increases.

Federal law allows states, cities and towns to adopt the EPA label system,
and two years ago, Denver enacted a motorcycle noise ordinance based on
the EPA compliance system. If a Denver police officer hears a loud bike, it's
pulled over and a standard check for a driver's license, registration,
inspection sticker and insurance is done. In addition, the muffler is inspected
for the EPA label. If that's lacking, the biker is given two weeks to bring the
machine into compliance or pay a $500 fine. The EPA label system doesn't
require an expensive noise meter.

We sometimes hear the myth that loud pipes save lives. A number of years
ago, Hugh Hurt Jr., published an extensive study (ironically, the Hurt Report)
of motorcycle accidents. The study showed there were many ways to reduce
motorcycle accidents, but loud pipes was not one of them. The American
Motorcycle Association (AMA) now encourages bikers to ride quieter and
more respectfully. The Motorcycle Riders Foundation has followed with a
similar request. Harley Davidson publishes a statement on their website that
encourages their customers to ride quietly. And the United Bikers of Maine's
website asks bikers to ride safely and lawfully. Of course, it's impossible to
ride lawfully with an illegal muffler.

There are neighborhoods in Portland where it's not unusual to hear a very
loud bike at 11 p.m., midnight, 1, 2 or even 3 a.m. In fact, when City Councilor
Kevin Donoghue asked his constituents their thoughts on ice cream truck
noise last summer, many responded that motorcycles were a greater problem.

  While Portland passed a motorcycle noise ordinance about four years ago,
it's not well enforced. The lack of enforcement of Maine's muffler law in
regards to loud motorcycles is also widespread.

Representative Diane Russell of Munjoy Hill introduced a bill, LD 920 “An
Act to Reduce Noise Pollution” that would have enabled Maine's police
departments to use the EPA label system to enforce laws concerning illegal
motorcycle mufflers. Unfortunately, LD920 died in committee.

As the need and desire for fuel-efficient vehicles increase, our community
must also have a serious conversation about the need for stricter
enforcement of existing motorcycle noise laws so that we can reduce our fuel
costs while preserving the sanctity of quiet neighborhoods.

New York City is considering enacting a motorcycle noise ordinance based
on the EPA label system that would enable its police to enforce it and also
allow its parking enforcement employees to ticket motorcycles that don't have
the label.
Portland should do the same.

Andy Ford is a lifetime resident of Portland and advocates for noise pollution
reduction.
    aford@maine.rr.com

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