OFF THE WIRE
http://www.clutchandchrome.com/news/news/drama-drowns-out-motorcycle-noise Drama drowns out motorcycle noise legislation in New Hampshire town Friday, 19 November 2010 | Written by Asia | |
A law aimed at motorcycles in a small New Hampshire town has taken another dramatic turn in a dispute that pits rider’s rights against those of local lawmakers.
The town of North Hampton passed a law earlier this year requiring all motorcycles to have permanent stickers on post-1982 motorcycle exhausts indicating they meet EPA noise standards. The law was passed by a vote of 512-274 on May 11th and carries fines of between $200 and $500 for the first offense with each subsequent violation punishable by a fine of $500 to $1,000. The offending motorcycle doesn’t even need to be running to receive a ticket with the law including those that are parked as well as being operated.
Aside from the issues of personal rights for riders, using EPA noise standards the law reduces the decibel level from that set by the state of New Hampshire. The EPA noise standard is set at 80, while the state standard is 106 decibels, making the town's ordinance more restrictive than the state's. Similar legislation failed in the state’s capitol earlier this year.
This was the basis of a recent suit filed by Seacoast Harley Davidson in Rockingham Superior Court requesting a restraining order preventing North Hampton from enforcing the motorcycle noise ordinance, to declare that state law trumps the local ordinance in terms of motorcycle noise, and to award attorney's fees.
The North Hampton Harley Davidson dealership claims in its suit that the ordinance bans motorcycles from town without EPA labels on exhaust systems, ‘even though the motorcycles comply with the state's noise level limit of 106 decibels.’
The suit also states ‘The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire used motorcycle inventory illegal.’
Some of the largest motorcycle dealerships in New Hampshire are located in the town of North Hampton; Seacoast Harley-Davidson, Great Bay Triumph, Ducati and Vespa, and MAX BMW and combined they employ approximately 100 people.
Even as a group, New Hampshire Citizens Against Loud Motorcycles (New Hampshire CALM) stands beside local officials to defend the suit from Seacoast Harley-Davidson, the Town of North Hampton may have found their limit to continuing with the legislation.
Founder of the group New Hampshire CALM, Bill Mitchell, has reportedly instructed the group's attorney to attempt to have a motorcycle noise case heard by a federal judge claiming it is a more appropriate venue.
But officials may be throwing their cards down for this next round pointing to the hesitation by local law enforcement on legally applying the law.
Local police officials question the law, noting it was surprising such a move could remove the rights of a group of people and that the law was difficult to enforce. The new ordinance cited an U.S. Environmental Protection Agency regulation that requires motorcycle manufacturers to attach a permanent label to their products stating they meet the EPA's noise emission requirements. However, that same regulation requires the label to be displayed on the bottom of the motorcycle, making it difficult for police officers to easily verify.
It was also pointed out that stopping a motorcyclist for what could be a violation of the ordinance could be seen as a civil rights infraction and lead to lawsuits against the town and/or the officers involved.
‘The town ordinance is trying to circumvent state law and is not enforceable,’ Police Chief Brian Page told officials in June,’ it would be ridiculous for me to direct my men to enforce it.’
Local support may be dwindling for the legislation as well.
According to quotes from NH CALM's founder in the local paper Seacoast online, the legal fund of the group used to pay an attorney to defend the legislation is ‘getting a little thin’.
Interestingly, if the standard of the new legislation was enforced more broadly, a range of residents could find themselves the next target of laws against noise pollution. According to comparative charts of decibel ratings, lawnmowers, subway trains, train whistles and even the sound of city traffic when sitting in a car all exceed the standard set by the legislation.
Even a telephone dial tone is rated at 80 decibels, the level set for the legislation. However, since none of these are motorcycles they wouldn’t be affected.
At the moment.
