MORE NOISE ON NOISE

OFF THE WIRE
http://www.seacoastonline.com/articles/20100608-OPINION-6080370North Hampton motorcycle noise law right on target
Letter to the Editor Opinion June 08, 2010 2:00 AM May 26 — To the Editor:
Your May 18 editorial on North Hampton's new ordinance regarding excessive motorcycle noise is wrong with the facts and illogical in its reasoning.
Firstly, all motorcycle manufacturers must affix an EPA label on the chassis and exhaust pipe at the time of manufacture. The label ensures that individual motorcycle's noise level is at or below 80 decibels. The excessive motorcycle noise is not coming from these unmodified cycles; the noise is coming from modified bikes that have been altered by replacing the factory approved exhaust system with "straight pipes."
Straight pipes are designed to be loud and are installed by a very active and lucrative post-manufacturing industry, with special interests groups in Washington and Concord. The transparent rationale for these modified loud exhaust systems is captured in the phrase "loud pipes save lives," implying that everyone needs to know "I'm coming so don't hit me." This rationale is not even supported by the American Motorcycle Association, whose official position (I spoke with their corporate attorney last year) is that loud pipes do not save lives. In fact no study has ever shown that excessive loud pipes in any way helps avoid accidents, but several studies do show that they actually cause accidents because of the "startle effect." Just like cars, every motorcycle comes equipped with a very effective and well-designed warning sound device; it's called a horn.
Your assumption that the "label match-up" approach adopted by North Hampton would be unenforceable is not rooted in facts. The constitutionality issue is already resolved, tested in Denver, Boston and other towns and cites. The EPA federal law is written to specifically allow local municipalities to enact mirror-like laws, regardless of what the state law says. Police would not have to spend time in court with what would be frivolous challenges, but, ironically, must spend time in court when a "decibel meter reading" law is in effect (current state law), since there are regular challenges by individuals contesting the reliability of police decibel reading devices.
The enforcement by police is quite simple: Either the EPA label is on the chassis and exhaust pipe (mandated by the EPA to be easily visible when affixed by the manufacturer) or not. If it is not there, the rider is in violation of town ordinance; pretty simple to train officers to do that.
The argument that stopping loud motorcyclists would require a lot of police time is also spurious. The majority of riders do not modify their bikes, are not loud (yet suffer from the poor reputation of the loud minority) and will continue to be ignored by police. It is the obviously loud cyclist or group that should get officers' attention. Police, like the public, know who they are when they hear it. New York uses a "plainly audible standard" (i.e. "loud at 200 feet") for police to follow; this standard is not too dissimilar that the one used by a Supreme Court Justice when, asked to define pornography, said "I can't define it but I know it when I see it." I know a modified bike in my neighborhood when I hear it.
Finally, for you to suggest that North Hampton should yield to an unenforceable state standard is way off the mark. Would Portsmouth want to yield to non-local standards related to its zoning laws, downtown flag display requirement or, for that matter, Market Square noise level ordinance? This is a pure local noise issue, appropriately controlled by the town, not an anti-motorcycle issue; eliminating obnoxious noise in any of our Seacoast communities encourages more tourism and spending, not less (as your editorial states). As for the Harley dealership in North Hampton, it will continue to sell their usual good number of unmodified motorcycles, just as it does now; the after-market pipe modifiers ... not so much.
Judith Day and the voting majority of North Hampton have paved the way for all Seacoast communities to greatly reduce noise pollution in our area of the state; editor ... get on board.
David E. Hickey
Rye