OFF THE WIRE
New York Freedom Riders New York Legislation and news -9/10/10
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
NEW YORK NEWS
www.democratandchronicle.com/article/20100907/NEWS01/9070317/1002/NEWS
Greece to crack down on noisy motorcycles
Meaghan M. McDermott • Staff writer • September 7, 2010
Greece police have a message for motorcyclists: Pipe down.
Responding to a spate of complaints about noisy motorcyclists rumbling
and roaring around town, the department this summer started cracking
down on illegal noise-makers.
During July and August, the police department started holding stationary
and roving checkpoints to combat motorcyclists running with illegal
equipment and violating safety laws. More are planned throughout the
fall.
"It has been more of an educational process, for our officers and for
the public," said Police Chief Todd Baxter. Officers with the
department's Traffic Enforcement Unit attended special training on
motorcycle safety and equipment violations during the early summer
months. "We are out there doing some enforcement, but we're also there
to educate."
At issue: illegal mufflers that ramp up motorcycle noise levels from a
legal 80 decibels (for bikes manufactured after 1986) to levels that can
top an ear-splitting 100 decibels. That's the difference between what it
sounds like next to a running garbage disposal and the sound standing
about three feet away from a jackhammer.
From Maine to California, motorcycle noise is a hot topic.
California Gov. Arnold Schwarzenegger is considering signing into law a
bill requiring all bikes on the road in his state to display that EPA
stamp. Maine this summer made it illegal to operate a motorcycle with an
exhaust system "that is noticeably louder than similar vehicles in the
environment."
Greece is the latest front.
"Motorcycles are built with factory installed (muffler) pipes and
they're made to make the motorcycle quieter," said Greece Police Capt.
Patrick Phelan. "If you make any alterations to those pipes or change to
non-factory pipes, that's illegal."
Indeed, under federal law, factory motorcycle pipes are stamped with an
Environmental Protection Agency seal and it's illegal to tamper with
those pipes. And, state law prohibits motorcycles "equipped with an
exhaust system that has been modified in a manner that will amplify or
increase the noise emitted by the motor of such vehicle above that
emitted by the exhaust system originally installed on the vehicle."
But while the rumbling, throaty roar of a well-tuned Harley-Davidson
with non-stock pipes or the screaming whine of a racing bike with a
modified muffler can grate on some residents living near popular riding
spots, such sounds can be "music to the ears" of a serious biker, said
Eric Carlston of Rochester, president of the Monroe County Chapter of
American Bikers Aimed Toward Education.
"But I would never advocate that persons be disrespectful of their
neighbors and communities," he said. Riders "need to be sensible about
their equipment and the way they ride."
Nevertheless, he chafes at the idea of police checkpoints. He'd rather
police stick to pulling over drivers who are clearly breaking noise
laws.
"We have the view that here and anywhere else, such checkpoints are
illegal," he said, noting that if police are going to crack down on
noise ordinances, they need to make sure they're doing so
across-the-board and also handing out tickets for loud car and truck
exhaust and for "boom cars" with loud stereos.
He also questions if the federal and state regulations on motorcycle
noises go too far.
"Why is it you have to have a stock exhaust on a motorcycle when you
don't on any other vehicle?" he said. "Isn't that discriminatory? That's
one standard for us and another for everybody else."
Heavy-handed enforcement of motorcycle laws is just another way
Americans are losing their freedoms, he said.
"The common denominator for every motorcyclist out there — whether
they're riding a custom chopper, a BMW or a formula bike — is a love and
appreciation for freedom," he said.
Phelan, who has owned his own motorcycles in the past and is part of the
Greece Police Department's motorcycle unit, said the department's
crackdown isn't about being unfair.
"It's not that there's a problem with motorcyclists," he said. "What it
is, is some of these guys out there giving law-abiding riders a bad
name. Our hope is really to do more education about this and communicate
to people so we can get local riders to buy in. It's not that we want to
come out and write tickets — we want you to follow the law."
---
Not allowed
Greece police are stepping up enforcement of state vehicle and traffic
law as it pertains to motorcycles. That doesn't just mean bikes that
violate the noise ordinances, but also riders who violate safety
requirements. Some of New York's rules for motorcycles:
# Straight pipes, exhaust pipes with removed or removable baffle plates
or screens, or exhaust systems that have been modified in any way that
makes the bike noisier than when it was manufactured are prohibited.
# Handlebars or grips may not be any higher than the height of the
operator's shoulders.
# Motorcyclists must wear American National Standard Institute-compliant
eye protection. Goggles or face shields are recommended. Sunglasses or
eyeglasses that are not approved safety glasses are prohibited.
# Riders must wear U.S. Department of Transportation-approved helmets.
Violation of any of the above laws may be punishable by a fine of $100,
up to 30 days in jail, or both.
--------------------------------------------------------------
RECAP
Motorcycle Checkpoints and Your Rights
http://www.newyorkfreedomriders.com/MCckpntURrghts.htm
Law Enforcement Forcing Helmet Standards Press Release
http://www.newyorkfreedomriders.com/06-10-2010%20Press%20Release%20-%20L
aw%20Enforcment%20Forcing%20Helment%20Standards.htm
Law Enforcement Being Deceitful on Motorcycle Eyewear
http://www.newyorkfreedomriders.com/07-07-10%20Eyewear%20Press%20Release
.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES
California
Motorcycle Safety Enforcement Operations
Newport Beach- Sept. 11
http://articles.dailypilot.com/2010-09-09/news/tn-dpt-0910-motorcycle-20
100909_1_motorcycle-traffic-laws-extra-officers
-------------------------------------
SB 435: This bill prohibits a person from parking, using, or operating a
motorcycle with a 2013 or newer model year that does not bear an exhaust
system label certifying that the motorcycle meets the noise limits
established by the United States Environmental Protection Agency (EPA).
BILL HISTORY 2010
Sept. 3- Enrolled. To Governor at 4 p.m.
EMAIL THE GOVERNOR:
http://gov.ca.gov/interact
WRITE/PHONE:
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160 ( new number )
---
From the Guide to Legislative Process site:
http://www.sen.ca.gov/~newsen/schedules/bill2law.htp
Step 5: You Can Still Act After Your Bill Goes To The Governor
The Governor has 12 days to sign, approve without signing, or veto a
bill. A letter or phone call to the Governor's Office is appropriate to
state your position on the bill.
If the bill is signed or approved without a signature, it goes to the
Secretary of State to be chaptered. If the governor vetoes the bill, a
two-thirds vote in each house is needed to override the veto. The
Governor's office releases veto messages which explain the veto; these
messages are available from the Governor's Office and on the Internet.
NOTE: thank you to Mark Temple/BOLT of California for his assistance on
the above information.
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Maryland
http://somd.com/news/headlines/2010/12372.shtml
Posted on September 07, 2010
LA PLATA, Md. (Sept. 7, 2010) - The Charles County Sheriff's Office
today released the following incident and arrest reports.
NOTE: motorcycle related ONLY
SHERIFF'S OFFICE CONDUCTS MOTORCYCLE ENFORCEMENT:
On September 6 between 3 p.m. - 8 p.m., members of the Charles County
Sheriffs Office conducted motorcycle safety enforcement in Indian Head.
During the operation, a total of 80 traffic citations, 10 warnings and 3
equipment repair orders were issued. The enforcement is part of the
Sheriff's Office on-going efforts to curb aggressive driving and
speeding on and near Route 210.
------------------------------------------------------------------------
--------------------------------------
New Hampshire
www.seacoastonline.com/articles/20100907-NEWS-9070301
EPA: Town can't supersede state noise law
Opinion based on North Hampton motorcycle ordinance approved at the
polls in March
By Shir Haberman
hamptonunion@seacoastonline.com
September 07, 2010 2:00 AM
NORTH HAMPTON — Just because the U.S. Environmental Protection Agency
requires a label on all motorcycle mufflers indicating the noise the
vehicle produces does not exceed 80 decibels doesn't mean a municipality
has the right to enforce that noise level, according to a lawyer for the
federal agency.
"The Noise Control Act (NCA), which authorizes EPA to enact noise
control regulations, states that 'nothing in this section precludes or
denies the right of any state or political subdivision thereof to
establish and enforce controls on environmental noise,'"‰" EPA Senior
Assistant Regional Counsel Timothy Williamson wrote in an Aug. 31 letter
to North Hampton Town Administrator Steve Fournier. "However, neither
does it grant localities any additional authority to control
environmental noise beyond that available to them under state and local
law."
Williamson's letter was in response to a July 6 request from Fournier
for information concerning the ability of a town to enforce an EPA noise
standard. In May, North Hampton voters overwhelmingly approved a
motorcycle noise ordinance that uses the EPA label requirement as its
basis.
The ordinance attempts to limit motorcycle noise levels to the EPA
standard rather than the 106 decibel limit that is in New Hampshire
state law by prohibiting any motorcycle without an EPA sticker from
operating or even being parked in town.
Fournier and the Select Board have been seeking EPA legal input since
Police Chief Brian Page secured legal opinions from Rockingham County
Attorney Jim Reams, the Local Government Center, which indemnifies the
town, and the town's legal counsel, the firm of Upton and Hatfield
indicating the town's ordinance was unenforceable. All expressed the
opinion that the state has determined the appropriate noise levels for
motorcycles and that the town, therefore, does not have the option of
creating its own more restrictive noise ordinance.
Page indicated that based on those legal decisions his department could
not enforce the new town ordinance without creating a legal liability
for both the municipality and any officers involved. The Select Board
agreed to hold off on making a decision on enforcement until the EPA
rendered its opinion on the matter.
That opinion was clearly stated in Williamson's letter.
"Thus, neither the NCA nor the regulations in Part 205 (of the EPA code)
grant municipalities the authority to enact or enforce ordinances that
supersede any limitations on their authority under state law," he wrote.
Fournier said the town is reviewing the EPA letter to determine how it
impacts a request for an injunction filed by Seacoast Motorcycles Inc.,
a Harley-Davidson dealership on Lafayette Road. The dealership has asked
the Rockingham Superior Court to stop the town from enforcing the new
noise ordinance, claiming it's bad for both the community and its
business.
A date of Oct. 7 has been set for the filing of legal briefs in the
case.
"We are maintaining the status quo at this time," Fournier said. "The
ordinance is not being enforced."
The town administrator said that while the ordinance must remain on the
books since it was passed at the town election, the Select Board has the
authority to instruct the Police Department not to enforce it.
------
EPA opinion letter to North Hampton:
August 30, 2010
Stephen R. Fournier, Town Administrator
Town of North Hampton, New Hampshire
Municipal Offices
233 Atlantic Avenue
North Hampton, NH 03862
Dear Mr. Fournier,
By letter dated July 6, 2010 addressed to Carl Dierker, Regional
Counsel, you asked for EPA's opinion regarding a Town of North Hampton
ordinance entitled "An Ordinance Regulating the Noise Levels of
Motorcycles." Your letter presented advice your office had received
suggesting that New Hampshire state law does not authorize the Town to
enforce such an ordinance. You asked whether EPA regulations provide the
authority for the Town to enforce labeling requirements against
individual uses of motorcycles regardless of whatever limits apply to
the Town under state law.
Mr. Dierker has asked me to respond to your inquiry. The Office of
Regional Counsel has reviewed the relevant statutory provisions and the
implementing regulations in 40 C.F.R Part 205 Subparts D and E, and has
found no such grant of authority.
The Noise Control Act (NCA), which authorizes EPA to enact noise control
regulations, states that "nothing in this section precludes or denies
the right of any State or political subdivision thereof to establish and
enforce controls on environment noise...through the licensing,
regulation, or restriction of the use, operation, or movement of any
product or combination of products." 42 U.S.C. 4905(e)(2) (emphases
added). This savings clause emphasizes that the NCA does not divest
states or localities of their authority to control environmental noise.
However neither does it grant localities any additional authority to
control environmental noise beyond that available to them under state
and local law.
EPA regulations at 40 C.F.R Part 205 contain a similar savings clause.
See 40 C.F.R 205.162-2(d). This clause does not explicitly grant any new
authorities to localities, but rather only notes that EPA's regulations
are not "intended to preclude" localities from adopting or enforcing
certain provisions of their own, if they have such authority under
applicable state law. Again, this provision serves only to disclaim
preemption of state or local authority, and confers no additional
authority upon local governments. Thus, neither the NCA nor the
regulations in Part 205 grant municipalities the authority to enact or
enforce ordinances that supersede any limitations on their authority
under sate law.
The Office of Regional Counsel does not opine whether New Hampshire
state law in fact authorizes municipalities to enact or enforce an
ordinance such as North Hampton's. Please feel free to contact me if you
have any questions concerning this matter.
Sincerely,
Timothy L. Williamson
Senior Assistant Regional Councel
NOTE: thank you to Brad Berson/NYMSTF for his assistance on the above
information.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS
Motorcycle fatalities dropped 16% in 2009
Highlights of 2009 Motor Vehicle crashes
DOT HS 811 363
Summary of Statistical Findings
August 2010
PDF 4 pages:
http://www-nrd.nhtsa.dot.gov/Pubs/811363.pdf
NOTE: State Traffic Safety Information
http://www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/STSI/USA%20WEB%20RE
PORT.HTM
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