MMA Alert-Falmouth Vehicle Noise Bylaw Update

OFF THE WIRE
MMA Alert-Falmouth Vehicle Noise Bylaw Update

Motorcycle riders in Falmouth no doubt noticed the “kick off” of Falmouth’s “Operation Pipe Down” over the Memorial Day Weekend. Reports have been coming in to the MMA of riders who were stopped as part of this operation. Riders report receiving pamphlets describing Falmouth’s desire to educate and no riders yet have reported receiving citations.

The Falmouth Police Department (FPD) has assured the MMA that enforcement would be “passive”, pushing education over enforcement. FPD has also indicated that motorcyclists will NOT be singled out and “noise issues” will apply equally to all vehicles on the roadways.

The MMA’s Legislative Director placed a telephone call to FPD this morning and spoke at length with Sergeant DeCosta. Sgt DeCosta assured us that FPD are not specifically targeting motorcyclists and offered examples such as a foreign car with “glass-pak” style mufflers and a pickup truck with “big-rig style exhaust stacks” in the pickup’s bed. These, in addition to two motorcycles were the four vehicles stopped during a single shift.

We also discussed the EPA Stamp and FPD is aware that no law exists for the EPA Stamp and they are aware this is a manufacturers’ standard, not a consumer requirement.

Also, the MMA would like to clarify it’s partnership with FPD on this issue: the MMA endorses the educational aspect of Falmouth’s program which is why we partnered with the Police Department: the intention being education before enforcement. Three years ago, the MMA began voluntary sound checks in partnership with 7-8 Police Departments and this is a continuation of that policy.

However, the MMA aggressively disagrees that the new “Vehicle Noise Bylaw” recently passed at Falmouth’s Town Meeting. MMA was present at Falmouth’s Town Meeting (which lasted 3 nights) however these MMA members were not residents of Falmouth, they were unable to testify and they watched as the Bylaw was passed.

Since, the MMA has contacted the representative of the Attorney General’s Office who will rule on whether this Bylaw will actually be signed into law. The MMA presented 7 pages of testimony AGAINST the new bylaw and we’re awaiting the final determination which we are told to expect by July 17, 2010.

To reiterate: Falmouth’s new bylaw is NOT YET law and cannot be used for citations.

The MMA asks all riders who are stopped to provide details of the stop via LegislativeDirector@MassMotorcycle.org. We thank you in advance for letting the MMA know of your experiences in Falmouth and know that while we agree with educational efforts, we do NOT agree with harassment of motorcyclists nor the use of “noise bylaws” as a means to harass.

For further information, please visit www.MassMotorcycle.com.

From the editor:
Folks; this sounds pretty much like what the City of Boston did last year. If you recall, they passed out those postcards with the message, please pipe down, respect neighbors, etc.
It is interesting though, that throughout the Commonwealth, we've yet to see this "type" of ticket be issued so that we can fight it in court.