OFF THE WIRE
http://www.bikerspost.com/forum/topics/group-pays-the-price-for#ixzz1HpIDE6XL
Attempting to take away the rights of a motorcycle enthusiast is all fun and games until somebody has to pay for it, or so it seems.
That is the lesson being learned by a group in New Hampshire who have pursued legal actions over how much noise should come from a motorcycle exhaust systems, EPA and state decibel levels, all relating to a local law passed in May 2010 in the town of North Hampton.
In the latest blow to so called ‘noise advocates’ the group NH CALM (N. H. Citizens Against Loud Motorcycles) have been ordered to pay the legal fees of a local motorcycle dealership fighting a law passed in the New Hampshire town of North Hampton. The law has been unenforced and legal action to enact it has been abandoned by local officials.
The law, aimed solely at motorcycles, was passed by a vote of 512-274 on May 11th 2010 which all requires all motorcycles to have permanent stickers on post-1982 motorcycle exhausts indicating they meet EPA noise standards. The EPA standards are 80 Decibels while the state enforced noise level is 106 decibels. The law 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.
Ironically, 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.
In response to the law, Seacoast Harley Davidson filed a suit requesting a restraining order preventing North Hampton from enforcing the motorcycle noise ordinance, declaring that state law trumps the local ordinance in terms of motorcycle noise.
"The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire used motorcycle inventory illegal," according to the suit, which further notes that after-market exhaust pipes, which are popular among Harley owners, do not have EPA stickers. The suit also sought legal fees, and that has become the tangible result of NH CALM’s challenge.
Defending the suit was abandoned by North Hampton officials after its legal experts consider doing so too costly and local law enforcement noting the law wasn’t enforceable and circumvented state law.The legal opinion has come back and not only has the action to enforce the law essentially been dismissed from federal legal opinions, but the efforts will cost the group NH Calm.
The case was escalated up to the federal court and pushed back down to Superior Court after a judge observed ‘NH CALM's claim for federal-question jurisdiction appears to be exceptionally weak’. Federal Judge Landya McCafferty ordered the motorcycle noise opponents pay Seacoast Harley’s legal fees.
The dealership’s attorney submitted his fees of 27 hours of work at an hourly rate of $325 totaling $8,807 in costs for a federal case that effectively never went to trial. "It's an excessive amount of money to file a motion to remand," NH CALM's attorney Bob Shaines told the local newspaper Seacoast Online. Shaines is objecting to the bill claiming case law for similar legal actions would not only prove his point, but reduce the bill substantially.
As for the eventual outcome regarding the legislation in question, law officials in North Hampton and neighboring towns have warned against such laws noting they go against state established standards and would result in a burden on police resources.
Rye Police Chief Kevin Walsh told the Portsmouth Herald if the members of NH CALM want the allowed decibels lowered, "they need to go to the state Legislature."
While this is an option to the group it should be highlighted that they took that road already, sort of.
Failed legislation introduced in the New Hampshire State government last year would have required the state’s riders to follow the EPA’s 80 decibel guideline (with the appropriate sticker) was introduced and sponsored by North Hampton State Representative, Judith Day. Day’s husband Larry Miller is coincidentally a member of NH CALM.
Mrs. Day has since joined NH CALM. Interestingly, if the standard of the frustrated 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 questionable legislation.
