OFF THE WIRE
http://www.seacoastonline.com/articles/20111227-OPINION-112270319
Support bill reducing motorcycle noise in N.H.
December 27, 2011 2:00 AMA Rockingham County judge's recent ruling that prevents towns from imposing motorcycle noise limits lower than those imposed by the state, has, for now, ended a controversy over whether North Hampton police should enforce a motorcycle noise ordinance town voters approved in 2010.
But motorcycle noise remains a problem.
The state limit of 106 decibels for motorcycles is too loud. New Hampshire should require that motorcycles do not exceed the 80-decibel noise standard of the U.S. Environmental Protection Agency.
This isn't just a matter of common courtesy but also public health.
Sustained exposure to noise in excess of 85 decibels is a health hazard.
Many people are frustrated with loud motorcycles, and we don't blame them. Workers exposed to noise levels above 85 decibels for eight hours should wear hearing protection, according to the Occupational and Safety Health Administration. Why should any of us walking down the street be exposed to 106-decibel noise levels, even for a short time?
North Hampton Police Chief Brian Page refused to enforce the 80-decibel ordinance in his town, calling it unconstitutional and unenforceable. But he has consistently called for the state to lower the decibel levels. In a 2010 Hampton Union story, Page said he had "no use" personally for motorcycles and moved off a main road in Hampton because he didn't like the noise they make.
Page and other police chiefs and the N.H. State Police have partnered with Seacoast Motorcyles and attempted outreach efforts to get motorcyclists to be quieter. But there's only so much progress police can make without a change in the law.
To give efforts to cut down motorcycle noise more teeth, we suggest supporting House Bill 1442, which cuts the maximum noise level for motorcycles to EPA standards. The bill is due to be introduced in 2012 and is sponsored by state Reps. Michele Peckham, R-North Hampton; Patrick Abrami, R-Stratham; Will Smith, R-New Castle; and James Waddell, R-Hampton.
The bill was written, Peckham said, knowing that three attempts in the past four years to change the noise law have failed. That's one of the reasons why the bill wouldn't go into effect until Jan. 1, 2013, said Peckham, noting it is modeled after a California law.
The bill would grandfather all motorcycles on the road today that are compliant with the state's 106-decibel standard, giving motorcycle dealers time to deplete their inventories, Peckham said. However, the bill would require any motorcycle brought in for service after the legislation's effective day to be equipped with EPA-compliant mufflers at that time. Violators would be hit with fines of no less than $350 on the first offense and $500 for subsequent offenses.
We know New Hampshire is home to motorcycle riders who are very protective of their rights and have made their presence known at the Statehouse, making their case to prevent restrictions. We also know motorcyclists deserve their place on the state's roads and many riders already comply with the EPA's 80-decibel noise standard.
HB 1442 is a fair way to move toward 100 percent compliance in New Hampshire. We hope everyone — motorcyclist or not — will support it.
http://www.clutchandchrome.com/news/news/state-sides-with-motorcycle-dealerships-and-owners-in-new-hampshire
State sides with motorcycle dealerships and owners in New Hampshire
| Written by Digits | |
The never-ending arguments of ‘how loud is too loud’ and motorcycle exhaust systems continue in the state of New Hampshire with common sense taking the latest victory.
The dispute dates back to 2010 when the town of North Hampton passed a law requiring all motorcycles to have permanent stickers on post-1982 motorcycle exhausts indicating they met EPA noise standards. The law used EPA standards to measure acceptable noise standards, setting the level at 80 decibels, contradicting the State of New Hampshire which considers that level to be at 106 decibels.
The law was passed by a vote of 512-274 and carried fines of between $200 and $500 for the first offense with each subsequent violation punishable by a fine of $500 to $1,000.
Incredibly, the offending motorcycle didn’t even need to be running to receive a ticket with the law including those that are parked as well as being operated.
Adding an interesting slant to the story, 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.
And for those looking for another layer to the story, those behind bringing the law to the ballot could be linked to the same group that tried to pass similar at a state level in 2010 which failed. After the law passed, the local police chief refused to enforce the ordinance, explaining law enforcement and the town itself could face legal action if they tried to enforce a lower noise threshold than state law allows.
The matter made its way to New Hampshire’s Superior Court where a judge decided the town could not preempt the state’s standard.
The ruling was prompted by an action filed by Seacoast Motorcycles Inc., a Harley-Davidson dealer on Lafayette Road, which claimed that because there is a state law governing motorcycle noise, no town can enact a standard that is more restrictive.
"The court agrees with the plaintiff and finds that the subject of motorcycle noise is preempted by the state and that, since the state has not authorized the town to regulate motorcycle noise, the town has no legal authority to adopt or enforce the ordinance," Judge Kenneth McHugh wrote in his Dec. 9 decision.
The two sides appear to have settled back into their corners with one working with the community and along the lines of commonsense and the other looking to litigate the matter of noise pollution, but focused squarely on motorcycle enthusiasts.
According to reports in local paper Seacoast Online, the Police Chief who refused to enforce the initial ordinance has stated that law enforcement of several towns are working with ‘the riders, the New Hampshire Auto Dealers' Association, the Seacoast HOG chapter, the New Hampshire Motorcycle Rights Organization and, of course, the General Court, in order to come up with state legislation that will make it easier and more efficient for law enforcement to test the compliance of the sound levels of motorcycle exhaust.’
The other side appears to be heading back to the state capital to introduce legislation that would lower the state's motorcycle noise limit to the federal standard, beginning Jan. 1, 2013. Being introduced by Representative Michele Peckham, Bill 1442 will be introduced in 2012 and scheduled for a Feb. 7 hearing in Concord.
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.
As far as the local ordinance is concerned the latest ruling is "pretty cut and dried" but it will be discussed with the Town’s attorney and local officials.
