NHMRO - Peckham's motorcycle noise bill gains support after amendment

OFF THE WIRE
By Shir Haberman
newsletter@seacoastonline.com
February 10, 2012 2:00 AM
CONCORD — The motorcycle noise bill submitted by state Rep. Michele Peckham, R-North Hampton, was almost universally panned by riders, organizations that represent them and law enforcement at a hearing Tuesday before the House Transportation Committee.
However, an amended version of House Bill 1442 worked out with the help of committee Chairman State Rep. Sherm Packard, R-Londonderry, gained near-unanimous support from those at the hearing.
"We think this is a good compromise," said Dave Hickey of Rye and a member of the New Hampshire Citizens Against Loud Motorcycles group. "It's the standard used in Maine, and all the information from that state indicates it has helped."
Motorcyclists who attended the hearing were equally pleased.
"If we're really trying to solve the problem (of excessive motorcycle noise), we decided we have to look at it holistically," said Candi Alexander, president of the New Hampshire Motorcyclists' Rights Organization. "This is the best solution that we have."
Peckham's initial bill attempted to use the EPA's federal standard that requires motorcycles to have exhaust systems that limit noise to 82 decibels. It was the same standard in the ordinance North Hampton voters enacted in 2010 that was subsequently ruled to be unenforceable last year by a Rockingham Superior Court judge.
Law enforcement officials at Tuesday's hearing unanimously opposed Peckham's initial bill, as did riders and their organizations.
"I am speaking today on behalf of the (state) Department of Safety, which is opposed to this bill," said Sgt. Stephen Kace of the State Police. "This bill misses the mark."
Kace said the EPA standard was aimed solely at manufacturers of motorcycles and parts, was for one year only, did not address modified exhaust systems on out-of-state motorcycles, and involved compliance checks that required a large, highly controlled area and created safety concerns for riders and law enforcement. He added that having an EPA label on an exhaust system "does not guarantee compliance," since the baffling in the muffler could have been removed.
The amended version of the bill sets a 92-decibel limit on a motorcycle while it is idling. Kace and other law enforcement officials testified that, while it is not clear whether this new standard would make compliant motorcycles quieter, it would allow easier identification and enforcement against those that were not compliant.
"The amendment would (make testing) more practical, more efficient, more beneficial to operators and give law enforcement a better opportunity to address problems," he said.
North Hampton Police Chief Brian Page said determining if a motorcycle meets the EPA standard would be virtually impossible in a roadside setting. "The EPA standard involves a moving test," he testified. "Roadside, it is absolutely impossible to enforce. I'm a firm believer that if you lose the ability to do roadside testing, the problem (of excessive motorcycle noise) would only get worse."
Motorcyclists in attendance also voiced support for the bill's amended version. Imre Szauter, governmental affairs manager for the American Motorcycle Association, urged the Transportation Committee to adopt the Society of Automotive Engineers' standard of 92 decibels while idling.
Another amendment to Peckham's bill raised concerns. The amendment would allow police in communities that can't afford test equipment, but suspect a motorcycle exceeds the 92-decibel standard, to issue a notice of violation that would require the operator to have the motorcycle tested at a state inspection facility within five days in order to avoid a fine.
Motorcyclists, inspection station and dealership owners, and law enforcement all had problems with the provision. Kace said the state Department of Safety was opposed, adding it was not necessary.
"Sound level equipment is already out in the field," he told committee members.
Kace put the cost of all the equipment needed to do motorcycle noise testing using the 92-decibel standard at "less than $700." The House committee has until Thursday, Feb. 23 to make a recommendation to the full House on the original bill or amended versions. Packard said more work is necessary before a recommendation could be made.