NEW HAMPSHIRE, Revved up against loud motorcycles Residents asking bikers to tone it down a little

OFF THE WIRE

http://www.concordmonitor.com/article/225384/revved-up-against-loud-motorcyclesRevved up against loud motorcycles Residents asking bikers to tone it down a little
By Ray Duckler / Monitor columnist November 25, 2010article tools Email Comments (17) Share Print The sounds of summer draw sounds from Bill Mitchell. "Rrrrrrr!" roar the motorcycles on quiet, warm days.
"Grrrrrr!" responds Mitchell as the bikers drive by.
"There are studies that show hypertension is increased by loud noises in general," said Mitchell, who owns his own software business in New Castle. "It just seems to reason, without scientific evidence, that noise is not a good thing as far as animals and humans are concerned. Especially unnecessary noise, deliberate noise."
Mitchell is the sparkplug for a group called New Hampshire Citizens Against
Loud Motorcycles, or NHCALM.
The acronym says it all. CALM wants motorcyclists to put a sock in it, or at least tone it down a little. State law permits motorcycles to hit 106 decibels, roughly the sound of a power mower roaring from three feet away.
Too loud, Mitchell says, so now the issue is winding its way through the courts.
"We feel this is a test case," said Mitchell, 65. "If we can get a positive outcome for this case, that opens the door for other towns to also pass the same ordinance and hopefully enforce it."
The issue goes back to 1982, when the federal government enacted legislation that said motorcycles had to keep their noise to 80 decibels, the equivalent of a dial tone.
But the Environmental Protection Agency, asked to enforce the new standards, didn't have the resources to serve as a watchdog.
So while the engines with EPA-labeled exhaust systems rolled out of factories nationwide, Congress left it up to the states and local communities to set the bar for noise; in New Hampshire it was set at 106 decibels, meaning bikers could modify their exhaust systems to raise noise levels by 26 decibels.
And if you've heard 106 decibels, perhaps on Route 106 during Bike Week, you know it's loud.
"Extremely loud," said Capt. Steven Clarke of the Laconia Police Department. "It's a quality-of-life issue for people who live in an area where a lot of motorcycles ride. Like the Weirs area for us."
And, apparently, North Hampton as well. That's where residents voted in May, by a nearly 2-1 ratio, to adhere to the federal noise standards.
The plan called for motorcycles to revert back to national standards, which would force owners to install clearly labeled EPA-approved mufflers, available nationwide from several manufacturers.
EPA stamp enforcement, proponents said, would eliminate the need for expensive sound meters and the training and manpower to use them. But the North Hampton police, led by Chief Brian Page, objected to the town vote.
"The town ordinance is trying to circumvent state law and is not enforceable," Page told selectmen in May, according to a published report. "It would be ridiculous for me to direct my men to enforce it." (Page was not available for comment for this story.)
Enter Seacoast Harley-Davidson of North Hampton, which filed an injunction in Rockingham County Superior Court to block the noise ordinance from being enforced.
Al Contois, Seacoast Harley's general manager, said the ordinance would hurt his business, would discriminate against bikers and could easily be circumvented by tinkering with an EPA-labeled exhaust.
"Do I think 106 is loud? Sure I do," Contois said. "I just don't agree with the way this ordinance is written with regard to the EPA stamp. People can play with mufflers with an EPA stamp and it will be higher than something that doesn't have an EPA stamp. Is that fair?"
Mitchell climbed aboard once Seacoast Harley began revving its engine. He formed his group of 15 or so people from North Hampton and Rye whose ears had had enough.
"It's very logical and a very natural response from people like me who say, 'Hey, why do I have to listen to that?' " Mitchell said. "They should be quieter. It's nothing against motorcycles. Just loud motorcycles."