SOUND REASONING SILENCES N.H. NOISE ORDINANCE by Bill Bish AIM/NCOM

Although North Hampton, New Hampshire voters approved a noise ordinance in May that prohibits motorcycles without an EPA sticker from being operated or even parked in town, a lawyer for the federal agency has expressed that just because the U.S. Environmental Protection Agency requires a label on all motorcycle mufflers indicating the noise the vehicle produces does not exceed 80 decibels doesn't mean a municipality has the authority to enforce that noise level.

"The Noise Control Act (NCA), which authorizes EPA to enact noise control regulations, states that 'nothing in this section precludes or denies the right of any state or political subdivision thereof to establish and enforce controls on environmental noise,” wrote EPA Senior Assistant Regional Counsel Timothy Williamson in an Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However, neither does it grant localities any additional authority to control environmental noise beyond that available to them under state and local law."

"The ordinance basically bans motorcycles from the town if they do not have an EPA label on their exhaust system even though the motorcycles comply with the state's noise level limit of 106 decibels," said Seacoast Harley-Davidson in court papers challenging the new law.

Even the town’s own legal counsel has indicated the ordinance is unenforceable, saying that the state has already determined the appropriate noise levels for motorcycles and that the town, therefore, does not have the option of creating its own more restrictive noise ordinance.

That opinion was clearly reiterated in Williamson's letter on behalf of the EPA. "Thus, neither the NCA nor the regulations in Part 205 (of the EPA code) grant municipalities the authority to enact or enforce ordinances that supersede any limitations on their authority under state law," he wrote.

Town officials decided not to fight the Harley dealer’s request for a preliminary injunction against the enforcement of the noise ordinance. "The ordinance will remain unenforced until we have a hearing," Fournier said, indicating that the town’s new noise ordinance will not be enforced until after the judge issues a ruling on the matter.

CALIFORNIA LAWMAKERS HOPE TO HUSH LOUD PIPES by Bill Bish AIM/NCOM

California is home to the largest population of motorcyclists in the country, and if legislators have their way, it could also soon be home to one of the most onerous anti-motorcycle laws in America.

By a bare majority vote of 21-16 on August 30 the state Senate approved SB435 which will make it a crime to operate a motorcycle manufactured after Jan. 1, 2013 that fails to meet federal noise-emission control standards and that all new motorcycles sold after that date must display and maintain compliance labels from the Environmental Protection Agency. 

A similar bill last session would have required biennial smog checks for emissions violations, but after meeting resistance from bikers’ rights groups it has since been amended to target illegally modified exhaust systems. Supporters of the bill say that many motorcycle owners modify their exhausts to make them louder, but swapping a compliant tailpipe equipped with a catalytic converter for one without emissions controls produces more smog-forming pollutants per mile.  

Opponents of the measure counter that many aftermarket exhausts meet federal EPA emissions standards but aren’t labeled, and labeling on stock systems is often difficult to locate, meaning that law-abiding riders could be unfairly ticketed. SB435 has already passed the Assembly and its fate now lies in the hands of the state’s most famous motorcycle rider, Governor Arnold Schwarzenegger, whose office has not yet taken a position on the proposed legislation.

LOUD BIKES LOSE RIGHTS by Bill Bish - National Coalition of Motorcyclists (NCOM)

Another wonderful article by Bill Bish of National Coalition of Motorcyclists(NCOM).  They just won't leave us alone with our pipes.  We have to being to stand up for our rights because there are a lot more things these so-called politicians need to be worry about, for instance jobs, education, housing, etc.  Is it that serious that this may become a National issue?  I've said before and I will say it again "Loud Pipes Saves Lives & My Pipe Is My Voice!"

Municipalities from coast to coast are giving motorcycles the silent treatment, and riders rights groups and industry analysts fear that a wave of ordinances aimed at muffling noisy bikes will create a confusing patchwork of laws nationwide and could turn frustrated riders away from the $12 billion motorcycle marketplace. Laws restricting motorcycle noise have been around for years and come in many forms; some are against certain types of products such as a New York City ordinance that subjects riders to a minimum $400 ticket for having an exhaust system that can be heard within 200 feet, while others are aimed more at the intent of the operator such as a Lancaster, Penn., ordinance that makes it illegal for riders to over-rev their engines. 

In Denver, which passed a unique muffler law three years ago that requires EPA labeling to be displayed on pipes to prevent bikers from installing louder after-market exhausts, Aid to Injured Motorcyclists (A.I.M.) attorney Wade Eldridge was recently quoted in a local CBS-4 story investigating the controversial attempt to reduce noise emissions. Eldridge, who specializes in representing motorcycle riders in accident and insurance law cases and who is a rider himself, was quoted in the July 23rd interview as saying: “I think it (the Denver loud noise law) was something the city council passed that they knew was unenforceable,” and suggested that to fight back “those who receive tickets should demand trials.” Though rarely enforced since Eldridge won a key case against the Denver noise ordinance, with only 46 tickets handed out to date, police in Golden citing state law have issued 81 noise violations in the last 6 months. 

The city is using a Colorado state statute, C.R.S. 42-4-225 that requires that vehicles be equipped with an “adequate” muffler, and outlaws any “excessive or unusual” noise. According to Eldridge, "the law lends itself to arbitrary and discriminatory enforcement -- the police can stop you for whatever reason." “The powers that be in the City of Golden have apparently made a political decision that they don’t want us in their city,” observed Eldridge, adding that; “The police department will continue stopping us, and writing these tickets, until enough people PLEAD NOT GUILTY AND INSIST ON A TRIAL… when the court is backlogged with these cases, we will see some official pressure to stop them.” In the meantime, further information on fighting such tickets can be found on the website of the Colorado Confederation of Clubs (www.colorado-coc.com), of which Eldridge serves as legal counsel.