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Wednesday, August 3, 2011

NewHampshire - Lawsuits set aside for bike checks, charity ride

OFF THE WIRE
http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20110801/NEWS/108010328/-1/NEWSMAP Lawsuits set aside for bike checks, charity ride

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Police officers talk with a member of the Seacoast Harley Owner's Group Motorcycle Chapter during the voluntary decibel testing of the chapter members' motorcycles at Seacoast Harley-Davidson in Hampton on Sunday. Officers, from left, are Brian Houde (Portsmouth), Robert Kenyon (Hampton) and Alex Mitrushi (New Castle). Cheryl Senter photo By Shir Haberman news@seacoastonline.com August 01, 2011 2:00 AM NORTH HAMPTON — The protagonists in a lawsuit filed last year came together with those most affected by the legal action to address the problem — motorcycle noise on the Seacoast.
On Sunday morning, dozens of members of the Seacoast Harley Owners Group Chapter gathered at Seacoast Motorcycles, a Harley-Davidson dealer on Lafayette Road, for a charity ride. Also present were police officers from the North Hampton, Rye and New Castle departments who conducted voluntary motorcycle noise checks prior to the ride, with the agreement that no tickets would be issued.
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Seacoast Motorcycles allowed the noise check even though the company had brought suit against the town of North Hampton in order to stop the enforcement of an ordinance passed in 2010. That ordinance required motorcycles to emit no more than 80 decibels during normal operation, which is well below the state-allowed level of 106 decibels.
A bench trial on the suit is scheduled for July 2012, in Rockingham Superior Court. Until the court rules, a temporary injunction against enforcement remains in place.
"As a business in the community, we want to be part of the fix," said Seacoast Motorcycle President and General Manager Al Contois. "We're really proud of our HOG chapter. For them to take a proactive approach (to the noise problem) is really nice."
The director of the HOG chapter, Jamie Holland, said this is the first time he was aware of any motorcycle group agreeing to let police officers test their vehicles.
"This is unique," Holland said. "The Seacoast HOG chapter is the largest organized motorcycle riders group in the area."
Officers checked the decibel levels coming from the motorcycles when they were idling and as they revved for compliance with the state statute.
"The vast majority of us are compliant and we're showing that today," Holland said.
That fact was confirmed by North Hampton Police Chief Brian Page.
"I don't think we've seen a reading over 101 (decibels) all morning," Page said.
The goals of the voluntary checkpoint were two-fold, said Rye Police Chief Kevin Walsh. The officers were hoping to confirm to riders that they were willing to cooperate with them in reducing motorcycle noise in Seacoast towns, as well as showing the public that police are attempting to address the issue.
"This lets the neighbors know we're working on this," Walsh said.
One of those who lined up for the check was Gregg Teyette of Newmarket. He said he was allowing the check for safety and public relations purposes.
"We're happy to help out the people in the Seacoast and to let them know we're not the ones causing the problem," Teyette said. "We'll work with (the communities) if they work with us."
Candy Alexander, the vice president of the New Hampshire Motorcyclists' Rights Organization, was also present for the voluntary checkpoint Sunday. She said she was there to support the voluntary initiative, observe how the police conducted a noise check so she could inform riders on what to expect and to meet the various police chiefs.
"I'm also here to make CALM (New Hampshire Citizens Against Loud Motorcycles) aware that they overstepped the line (by writing a letter to the editor asking riders not to participate in Sunday's charity ride)," Alexander said.
Holland said the money collected as a result of this and other rides held throughout the season will go to benefit Liberty House, a home for homeless veterans; the Neighbor's Table, a Massachusetts soup kitchen; and the Center for Wildlife in Cape Neddick, Maine.
"Typically, we donate $12,000 to $15,000 a year to various charities," Holland said.
Almost everyone present agreed that only a small number of motorcyclists pushed the noise envelope and that there would always be a few who would do so. What was more important, they said, was for riders to drive respectfully.
"We're going to use peer pressure to our advantage," Walsh said. "We need 100 percent of the riders driving responsibly."
Contois agreed.
"It's not just a matter of being compliant (with the state statute) or not," he said. "Even with loud pipes you can drive respectfully."