Sunday, September 5, 2010

What is happening in Maine in relationship to motorcycle noise levels?

OFF THE WIRE
Rogue (and others -
for an overview and what's current, see the Maine Citizens Against Loud Motorcycles web site.
http://www.mecalm.org/

PC in MA
JULY 2010 LAW CHANGE MAKES IT EASIER FOR POLICE TO STOP AND TICKET LOUD BIKES
Law enforcement officers in Maine gained a new law on July 12, 2010 making it easier to cite loud exhaust system on all vehicles -- cars, trucks, and motorcycles. LD 1642 clarifies that the longstanding law banning "excessive or unusual noise" to mean exhaust noise that is "noticeably louder than similar vehicles in the environment." A number of Maine communities, notably Waterville, have begun enforcing the clarified law. The fine for a violation is $137.

Lt. Brian Scott, head of the Maine State Police Traffic Unit, outlined the law changes -- and reviewed existing laws on motorcycle noise -- in a June 22, 2010 memo to all Maine law enforcement officers, vehicle inspectors and inspection stations.

In a May 2010 meeting with MECALM supporters, Lt. Scott said the changes should make it easier to obtain a conviction for a loud altered exhaust. In the past, a ticket was thrown out when the biker testified that he altered his bike to enhance performance, not "to amplify" sound. Those two words have been removed, eliminating any question about intent. Amplification is now the issue, regardless of intent.

Also at the meeting was the head of the Maine State Police, Col. Patrick Fleming, who briefed local police departments on the changes at the June meeting of the Maine Chiefs of Police Association.

Here's a good article from the Morning Sentinel (6/14/2010) on rollout of enforcement of the change and a column on enforcement by Portland Press Herald's Bill Nemitz.

Here is the law as amended by LD 1642.

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.

Sec. 2. 29-A MRSA §1912, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle."