OFF THE WIRE
North Carolina,
There are signs popping up, around the country, that we could see additional exhaust pipes statutes or noise statutes or a combination of both in NC as early as 2011. I expect it would look much like the other statutes in the other states. There is also a possibility of municipal ordinances in "stuffy" places that like to regulate everyone, such as Cary. So far, there have been no major issues in NC. There have been a few newspaper articles.
Motorcycle noise is typically momentary as a motorcycle starts up, or passes by. As such, they are nowhere near as invasive as lawn care devices which disturb for hours. In those occasions when a motorcycle remains stationary and emitting noise that disturbs neighbors, there are already plenty of disturbing the peace ordinances in place, and should be no need for more. I also think that if a person moves into a high-traffic area next to a highway, they often knew it before they moved in, so, like the mayor of Del Ray Beach, Florida, complaining about motorcycles outside her favorite sidewalk cafe which is on the main drag from the interstate highway to the beach, they do not get my sympathy. There should be no need for lawmakers and city councils to single out motorcycles for specific regulation, since there are so many different types of equipment that emit noise, disturb the peace, and do so for several hours.
However, my views are not shared with anti-noise groups who are getting better organized and looking to make an example of motorcycles, so we will need to keep our ear to the ground. If anyone can think of proactive ways of defending against additional legislation which is certain to come, please give it some thought. Otherwise, it is good to stay informed, and help out the situations in Boston and elsewhere by participating in letter writing campaigns. The Myrtle Beach ruling by the SC Supreme Court which found municipal is preempted by state law can be used as an example if our arguments come down to keeping laws uniform throughout the state rather than different for all the municipalities.
I've done some quick research and found the following general statutes which exist under NC law.
§ 20‑128. Exhaust system and emissions control devices.
(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler, or other exhaust system of the type installed at the time of manufacture, in good working order and in constant operation to prevent excessive or unusual noise, annoying smoke and smoke screens.
(b) It shall be unlawful to use a "muffler cut‑out" on any motor vehicle upon a highway.
(c) No motor vehicle registered in this State that was manufactured after model year 1967 shall be operated in this State unless it is equipped with emissions control devices that were installed on the vehicle at the time the vehicle was manufactured and these devices are properly connected.
(d) The requirements of subsection (c) of this section shall not apply if the emissions control devices have been removed for the purpose of converting the motor vehicle to operate on natural or liquefied petroleum gas or other modifications have been made in order to reduce air pollution and these modifications are approved by the Department of Environment and Natural Resources. (1937, c. 407, s. 91; 1971, c. 455, s. 1; 1983, c. 132; 1989, c. 727, s. 9; 1997‑443, s. 11A.119(a); 2000‑134, s. 6.)
§ 75A‑9. Muffling devices.
(a) Every internal combustion engine used on a vessel shall have effective muffling equipment installed and used on the exhaust to muffle the noise in a reasonable manner. The use of cutouts is prohibited.
(b) Every internal combustion engine with an open‑air exhaust that is used on a vessel that has a capacity of operating at more than 4,000 revolutions per minute shall have effective muffling equipment installed and used on each exhaust manifold stack. This subsection shall not apply to a licensed commercial fishing vessel.
(c) This section shall not apply to vessels competing in a regatta or race approved by the United States Coast Guard, for such vessels while on trial runs during a period not to exceed 48 hours immediately preceding the regatta or race, and for such vessels while competing in official trials for speed records during a period not to exceed 48 hours immediately following the regatta or race. (1959, c. 1064, s. 9; 2006‑185, s. 1.)
§ 153A‑133. Noise regulation.
A county may by ordinance regulate, restrict, or prohibit the production or emission of noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens. (1973, c. 822, s. 1.)
§ 160A‑184. Noise regulation.
A city may by ordinance regulate, restrict, or prohibit the production or emission of noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens. (1971, c. 698, s. 1; 1973, c. 426, s. 25.)
