OFF THE WIRE
This issue is having ripple effects all over the country!
http://www.onlinesentinel.com/news/police-setsights-onloud-pipes_2010-06-13.html
Posted: 12:00 AM
Police set sights on loud pipes By Amy Calder acalder@mainetoday.com Staff Writer
State and local police plan to crack down on drivers whose vehicles make too much noise, when changes to a state road noise law go into effect July 12.
click image to enlargeSOUND CHECK: Cindy Dillon of North Anson rides her motorcycle through Skowhegan. A new law effective July 12 will help enforce laws regulating the loudness of motorcycles. "I do not favor this," Dillon said. I like my pipes and they are not obnoxious."
Staff photo by David Leaming
Select images available for purchase in the Maine Today Photo Store That means if a motorcycle's exhaust system has been modified so it is louder than when it first was installed, a driver is in violation.
"This applies to all vehicles, so if someone is issued a ticket for operating a motor vehicle with excessive exhaust noise, it's a $137 fine," said Lt. Brian Scott, commander of the state police traffic safety unit.
Waterville police Chief Joseph Massey said police will issue warnings to motorists for the first two weeks the law is in effect, then issue tickets after that.
He said his department receives a lot of complaints from people about motorcyclists revving up their engines downtown, where the noise echoes off buildings. They also tend to rev up engines as they go through underpasses, he said.
"I think that noise pollution created by motorcycles is a very real issue within the city," Massey said. "I think it is a quality-of-life issue ... and I think it's really counterproductive to the efforts to make the city more attractive, particularly in the downtown."
Massey said people in residential areas also should not have to listen to loud motorcycles.
"You can sit in The Concourse sometimes in the evening, and you can hear motorcycles on Kennedy Memorial Drive and Upper Main Street," he said.
Massey said he was at a red light recently, four cars back from a motorcycle at the light, and he could hear the motorcycle as it was idling, but not the engines of the other cars. Motorists and others often are startled by loud exhausts, he said.
"If we allowed cars to do it, it'd be awful downtown," he said. "You'd have to walk around with ear plugs."
Massey said he called District Attorney Evert Fowle to notify him that he would be enforcing the changes to the road noise law and to ask if Fowle would back him on that.
Fowle said Thursday that he absolutely supports Massey in the effort to ticket people whose vehicles create excessive noise that intrudes on others.
"Those people ought to go to court," Fowle said. "It shows very little consideration for others. I told (Massey) that I support him 100 percent, and my office will prosecute every case when there's sufficient evidence."
The current law governing road noise says vehicles must have adequate mufflers that are maintained properly to prevent excessive or unusual noise. Language is being added that says excessive or unusual noise includes motor noise that is noticeably louder than that of similar vehicles in the environment.
The law says an exhaust system may not be modified with the intent to make it louder. The upcoming change leaves out the "intent" part and says the exhaust may not be modified if the result is amplification or noise that is louder than the muffler originally installed on the vehicle.
Lt. Scott of the state police said vehicles registered in Maine are subject to inspection standards, and someone with a modified exhaust system could be cited for operating a defective motor vehicle. The fine could be $137, he said. Vehicles registered in other states are subject to Maine's noise law, but not to the inspection rules, he said.
A motorcyclist who was ticketed for excessive noise took the case to court and won because he proved to the judge under the current law that his intent was not to make his motorcycle louder, but to enhance its performance, according to Scott.
Excessive noise from exhaust systems is a seasonal issue that also is notable in coastal areas, including the U.S. Route 1 corridor, where there is increased traffic near homes and bodies of water.
"It's a significant issue, and I'm glad that steps are being taken to address it," he said.
Scott emphasized that many motorcycle enthusiasts are law-abiding and operate their motorcycles responsibly and respectfully.
Lynne Dailey, treasurer of the Kennebec County Chapter of United Bikers of Maine, said the organization is watchful about the noise issue and has members who attend legislative meetings about such matters.
"We try to have a good reputation with the government and people in the Legislature," Dailey said. "We tell people at our meetings all the time, 'Quiet down. We don't want motorcycles to get a bad name.' Yet there are motorcyclists that do it on purpose."
Dailey said she thinks sometimes people have a negative attitude toward motorcyclists, but she added that many are professional people and many work with children. United Bikers raises a lot of money for charities, she said.
Dailey questions whether police have the time and manpower to enforce the changes in the road-noise law.
Motorcyclist Marc Bizier of Vassalboro said his Harley-Davidson is not modified and that he does not rev up his engine needlessly, but he does not mind hearing loud pipes.
"I really love the sound of the modified pipes to increase the horsepower," he said.
He said sometimes motorcyclists rev their engines to keep them from stalling and to maintain control of their bikes.
He does not approve of changes to the law.
"I think it's ridiculous that they would even think of making ordinances like this," he said. "There are too many people in the Legislature making too much noise already."
As required by law changes, state police are convening a working group to study issues relating to highway traffic noise, including noise created when an exhaust system is altered or not properly installed or maintained.
The group, of which Scott will be chairman, will include state, local and county law enforcement officials; a commercial motor carrier association; officials from the state Department of Transportation and Maine Turnpike Authority; and a neighborhood or neighborhood association affected by highway noise.
The group is to submit a report, including findings and recommendations to the Legislature, by Jan. 15, 2011.
