OFF THE WIRE
Biker Rights Issues
By Bridget M. Burns
yccs@seacoastonline.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it
The State Transportation Committee has endorsed draft legislation written by state Sen. Nancy Sullivan that could help curb the use of loud, after-market motorcycle mufflers.
As of March 16, an amended version of the bill had been voted "ought to pass" by the state Senate, and was scheduled for a second reading March 17, according to legislative records.
Sullivan, a Democrat from Biddeford, said she introduced LD 1675 in the hopes of starting a conversation among police and lawmakers regarding excessive motorcycle noise in Maine. The bill was co-sposored by Rep. Ed Legg, D-Kennebunk, among others.
"I didn't want to prescribe a particular remedy because I thought that had failed in the past," Sullivan said. "By making it a concept draft I was saying, 'look this is a problem, what are we going to do about it?' I want the best minds to come up with the solution."
The legislation, which in its current form would amend Maine law, Title 29-A, Ch. 15, subchapter 1, to require that motorcycles registered in the state display a valid inspection sticker, is intended to make it easier for law enforcement to regulate loud mufflers.
The text of the legislation also "directs the Department of Public Safety, Bureau of State Police to convene a working group to study the issue of motorcycle noise," with a report required by Jan. 15, 2011.
Sullivan raised the issue of motorcycle noise after being approached by one of her constituents, Claire Unsinn of Kennebunk. Unsinn had a petition, signed by 270 Kennebunk residents.
The petition said, "We, the following residents of Kennebunk, Maine are disturbed by the frequent and excessive noise of motorcycles in our community. We are asking local and state officials to address this problem."
If approved by the full Legislature, the new law would go into effect on Jan. 1, 2012. Current Maine law requires bikers to carry inspection cards.
"I look at it as a positive thing," said Kennebunk Police Chief Bob MacKenzie. "Obviously it's going to make it easier for all law enforcement agencies to enforce inspection for all motorcyclists."
Noisier after-market muffler parts do not pass Maine State Inspection laws.
In her initial research, Sullivan learned 38 percent of motorcycles are not inspected.
"I find that unacceptable," she said.
"Being able to enforce it on a statewide level is much better than just a local or town-by-town ordinance," MacKenzie said. "It will have more of an effect to help curb that issue."
"I feel like they've made a small step in the right direction," Unsinn said. "I'm disappointed that regulation of motorcycle noise is not going to be happening this summer, that we need to wait."
Another drawback, Unsinn pointed out, is that the proposed legislation would only apply to Maine residents.
"I'm concerned that there's nothing in place for regulating excessive noise from out-of-state motorcycles," Unsinn said. "Here in Kennebunk, we do have a lot of motorcyclists that come through from New Hampshire and Massachusetts and as it stands now there's not much we can do about their noise."
Opponents of the draft said they disagree with the targeted nature of the bill.
"It's discriminatory towards motorcyclists," said Eric Fuller, chairman of the Maine Motorcycle Political Action Committee. "I would suspect that it would take a complex solution to address the noise problem in the state — whether it be boats, snowmobiles, chainsaws, or lawn mowers."
He said even rumble strips on the Maine Turnpike break the preferred decibel level.
Sullivan said she appreciates the motorcycle community, and recognizes bikes have a place in the world.
"If it was a one-time thing, like 4th of July weekend, I'd say, buck up and live with it, but it's not," Sullivan said. "We're talking about good weather and the times that people like to be outside at their own homes paying good tax money."
MacKenzie said Kennebunkport Police Chief Joe Bruni will hold a summit for local law enforcement officers to discuss the legislation and how best to deal with the motorcycle noise issue on a local level.
"We're just getting together to start to really hash out what's going on here with the Legislature," Bruni said, adding that Sullivan will be attending. "So actually what we're doing is just trying to get a gathering of experienced law enforcement officers in the area to get our heads together and review what's been said in the press and review how we can take a proactive approach this spring."
That can't come soon enough for some residents.
"They're really destroying the character of our town," Unsinn said of loud bike mufflers.
But, said Fuller, "It's a noisy world. Until we address all issues, it's unfair to single out motorcycles."
original article
