ABATE of South Carolina: http://abatesc.org/web/
Tom McGrath's Motorcycle Law Group: Myrtle Beach Part 2
Wednesday at 12:53pm
On Tuesday June 15 The Law Offices of Tom McGrath filed suit in Horry
County South Carolina asking the Court to find an ordinance enacted by
the City of Myrtle Beach South Carolina unconstitutional and therefore
invalid. This ordinance was enacted for the sole purpose of driving
motorcyclists out of Myrtle Beach. The plaintiff's in the law suit are
numerous residents of the City of Myrtle Beach as well as ABATE of South
Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.
You may be asking yourself why are filing suit when we, with the help
and sacrifice of many dedicated riders, already succeeded in overturning
the helmet ordinance along with other anti-motorcycling ordinances. The
ordinance which is the focus of this suit has nothing to do with
helmets. Myrtle Beach also enacted its very own exhaust ordinance.
Under South Carolina State law, you must have an exhaust system in good
working order so as to prevent excessive noise or smoke. Apparently the
Myrtle Beach City Council felt that it was better equipped to determine
the type of equipment one should operate on the roadways and therefore
passed their own ordinance. Under their ordinance any motor vehicle
operated within the City of Myrtle Beach may not have a measured noise
level exceeding 89 decibels when measured twenty inches from the exhaust
pipe at a 45 degree angle while the engine is operating at idle.
Additionally, every motorcycle (not every motor vehicle) which was
manufactured after 1982 operated within the city limits must have an
exhaust system bearing an EPA label showing compliance applicable to the
motorcycle's model year, as set out in Code of Federal Regulations Title
40, Volume 24, Part 205, Subpart D and Subpart E. Neither of the above
requirements appear anywhere in South Carolina State Code.
This brings us to the reason we filed suit. This ordinance, like the
prior ones, is aimed at driving motorcyclists out of the City. It is
also illegal. A quick review of the South Carolina Supreme Court’s
language in our previous case clearly demonstrates that the exhaust
ordinance is unlawful.
“Were local authorities allowed to enforce individual helmet
ordinances, riders would need to familiarize themselves with the various
ordinances in advance of a trip, so as to ensure compliance. Riders
opting not to wear helmets or eyewear in other areas of the state would
be obliged to carry the equipment with them if they intended to pass
through a city with a helmet ordinance. Moreover, local authorities
might enact ordinances imposing additional and even conflicting
equipment requirements. Such burdens would unduly limit a citizen's
freedom of movement throughout the State. Consequently, the Helmet
Ordinance must fail under the doctrine of implied preemption.” Aakjer et
al v. City of Myrtle Beach, ___ S.C. ___ (2010)
The danger that was described by the Supreme Court in Aakjer is present
in the Myrtle Beach exhaust ordinance. If the court found that having to
carry a helmet with you as you travel throughout South Carolina unduly
limits a citizen’s freedom of movement throughout the State then surely
having to carry an extra exhaust system which complies with the laws of
Myrtle Beach must clearly unduly limit a citizens freedom of movement
throughout the State. If Myrtle Beach were allowed to set its own
equipment standards then in essence the locality with the strictest
equipment laws becomes the law throughout the State of South Carolina.
Why have a state legislature if localities are free to regulate all
citizens in that manner? What would stop a locality from deciding the
type of tires you may use in their city? What would stop a county from
deciding the type of lights you may have on your vehicle?
At the end of the day this is another attempt by Myrtle Beach to use the
legislative process to reduce or eliminate motorcyclists with their
city. We as motorcyclists must not allow that to happen because if they
can do it in Myrtle Beach then they can do it anywhere throughout the
United States. That is why we have filed suit again and that is why we
will not abandon this fight for the rights of all riders.
For additional news and information of concern to motorcyclists feel
free to visit our website at motorcyclelawgroup.com.
If you have any further questions or comments concerning this article or
any other matters concerning your rights as a motorcyclist please
contact me at 1-800-321-8968 or at matt@motorcyclelawgroup.com
Matt Danielson
Tom McGrath’s Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com
