Motorcycle riders who exceed noise limits may lose registrations

OFF THE WIRE
www.seacoastonline.com/articles/20110520-NEWS-110529987 
Motorcycle riders who exceed noise limits may lose registrations By Elizabeth Dinan edinan@seacoastonline.com May 20, 2011 12:05 PM
NORTH HAMPTON - Motorcycle riders who consistently and knowingly exceed the state's 106 decibel limit will be targeted by police who may seek to suspend their motorcycle registrations, according to a joint announcement by law enforcement and Seacoast Harley-Davidson.
Some of the area's top law enforcers met Friday at the Lafayette Road Harley dealership to announce a collaboration for enforcing the state's decibel limits, educating riders and the public, and improving quality of life.
Sending the message were New Castle Police Chief Don White, Rye Police Chief Kevin Walsh, Portsmouth Chief Lou Ferland, Hampton Chief Jamie Sullivan, Portsmouth Capt. Mike Schwartz, North Hampton Chief Brian Page and State Police Sgt. Stephen Kace. They were hosted by Seacoast Harley-Davidson owner Al Contois, who said he does not sell exhaust pipes that exceed the state decibel limit.
Ferland said riders with loud pipes are either unaware they're in violation of the law, or are intentionally violating it. For the unaware, he said, police will be out this summer to stop and educate them with "free testing." Motorcyclists "are welcome," said Ferland, but those who knowingly exceed noise limits will be punished.
Page said the problem predates his 1999 appointment as North Hampton's police chief and for some violators, the $84 fine is not enough of a deterrent. To target them, said Page, police will send requests to the Division of Motor Vehicles for hearings to suspend the riders' motorcycle registrations.
Walsh said some Rye residents have asked for a local ordinance to impose a lower decibel limit in that town, but have decided to wait until a similar case involving North Hampton is resolved. That case was brought by Seacoast Harley-Davidson against the North Hampton disputing a local ordinance requiring a U.S. Environmental Protection Agency sticker on all motorcycles manufactured after 1982. The stickers indicate decibel levels don't exceed 80, quieter than the state-allowed 106 decibels.
Page said Friday he's "refused" to enforce the ordinance which he described as unconstitutional and unenforceable.
"We've got to give motorcycle riders their rights," he said. "And hopefully this will do this."
Page said California successfully passed a state law which lowered allowed decibel levels and expressed the opinion that any change in New Hampshire should be state-wide.
Walsh said another part of the new noise-enforcement effort will be to ensure people who issue motorcycle inspection stickers are "held accountable."
"It's a privilege to register your motorcycle in New Hampshire and I emphasize privilege," said the Rye chief. "We're asking motorcycle riders to be considerate of their neighbors."
"Not all motorcyclists should be thrown in the same bucket and motorcyclists are very welcome on the Seacoast," said Ferland. "But we will target those few who cast a dim light."
Karen Mitchell, a New Castle resident and a founding member of NH Citizens Against Loud Motorcycles, attended Friday's joint announcement and said she was pleased with the collaboration.
"Obviously our efforts over the past two years have had an impact," she said. "I'm really impressed and I hope this makes a difference."
North Hampton resident and fellow NH CALM member Dave O'Heir also applauded the new noise-reduction effort.
"All in all I think it's great," he said. "We're a long way from where we were."
Last year the N.H. House killed a bill that would have mandated EPA stickers on motorcycle pipes as "inexpedient to legislate."