N.H.'s motorcycle noise bill misunderstood

OFF THE WIRE
www.seacoastonline.com/articles/20110828-OPINION-108280330
N.H.'s motorcycle noise bill misunderstood

Letter to the Editor By N.H. Rep. Michele Peckham August 28, 2011 2:00 AM I am responding to misconceptions concerning the motorcycle noise law I have proposed.
A review of current federal and state law is first necessary. Under federal law, all motorcycles sold in America are required to be equipped with factory-installed mufflers that are compliant with Environmental Protection Agency exhaust regulations. Thus, every bike coming off today's showroom floor is EPA compliant at 80 to 84 decibels. In contrast, New Hampshire law allows riders to replace their factory-installed mufflers with those that emit noise levels up to 106 decibels. If a bike is suspected of violating N.H. law, it requires three police officers to measure the decibel level with costly equipment.
The new legislation will save police time and money in enforcement. The bill affects only motorcycles and aftermarket equipment manufactured after Jan. 1, 2013. If the legislation passes, only one police officer will be required to determine compliance. Initially, the officer will check the bike's registration to determine its manufacture date. If a bike was manufactured after Jan. 1, 2011, the bike must be equipped with the original factory-installed muffler or a replacement muffler which is EPA compliant. All EPA compliant mufflers are embossed with a statement indicating compliance. An officer can visually check to see if the muffler has the embossed statement. If the statement is on the underside of the muffler, as it often is, a mirror held to the underside of the muffler will allow an officer to see the statement.
Bikes registered to nonresidents or manufactured before Jan. 1, 2013, will be exempt from the new law. Over time, pre-2013 bikes will come into compliance as mufflers that need to be replaced because of normal wear and tear are replaced with mufflers that are EPA compliant. No person with a pre-2013 bike will be forced to purchase a new muffler upon passage of the proposed law.
Recent rhetoric that the delayed effective date of 2013 is of no value to dealers because their inventory "will soon too be illegal" misses the point that the bill exempts aftermarket equipment manufactured before 2013. That equipment is grandfathered and will not be illegal. Dealers will sell their inventory. Bikers who want louder mufflers will snap up pre-2013 mufflers because that equipment will no longer be available.
Another misconception is that out-of-state riders will avoid New Hampshire and our state will lose money. Since the law does not affect out-of-state motorcycles, police will have no jurisdiction to issue a noise fine. Further, most of our border states have motorcycle noise laws akin to the proposed legislation (Maine, 92 decibels; Massachusetts, 82 to 86 decibels; Connecticut, 82 to 84 decibels; Delaware, 82 to 84 decibels), thus out-of-state motorcycles are likely to be equipped with mufflers that are less offensive than those allowed in New Hampshire. I see no reason why an out-of-state rider will shun New Hampshire.
People have also alleged that the issue of motorcycle noise is "not real," but is a problem created by a few "bad apples" who have added straight pipes or mufflers above 106 decibels to their bikes. This argument is a "red herring." The problem is so bad that North Hampton adopted a noise ordinance directed solely at motorcycles. Rye and New Castle are also considering ordinances. If noise were not an issue, why are dealerships engaging in noise awareness promotions or towns conducting noise checkpoints? Changes to current law have been proposed three times since 2006, and each time the Transportation Committee has voted to kill the bill. As justification, the committee has pointed to issues that this bill adequately resolves. The committee has also stated the 106 decibel level is not a problem. Actually, it is the heart of the problem. To illustrate the absurdity of the committee's position, one need only understand how loud 106 decibels is. It is equal to the sound emitted by a Boeing 707 or DC-8 aircraft at one nautical mile (6,080 feet) before landing. It is also louder than a jet fly-over at 1,000 feet above ground (103 decibels); a jet take-off (at 305 meters); the use of an outboard motor or a jackhammer. Even a Bell J-2A helicopter hovering at 100 feet is not as loud (100 decibels) as some of the motorcycles on our streets!
A review of the laws of those states with motorcycle noise emission laws reveals the startling fact that no other state has a noise emission law as loud as that allowed in New Hampshire. In short, current law is unacceptable, it is difficult to enforce and allows for obnoxious noise levels that make life unbearable for non-riders. I implore upon my fellow legislators to consider the interests of everyone in New Hampshire, and not just motorcycle riders and dealers.
Michelle Peckham, R-North Hampton, represents House of Representatives District 13.