OFF THE WIRE
The Massachusetts Motorcycle Association (MMA) is pleased to report that a town
bylaw proposal was successfully defeated last night in Yarmouth. With short
notice, the MMA in concert with the Yarmouth Chief-of-Police and Deputy Chief
attended the Board-of-Selectmen meeting last night and were successful in
convincing the Board of Selectmen that such a Bylaw would be
unsuccessful.
Want to get something essentially illegal passed in
Massachusetts? Do so in as covert a manner as possible so that your opponents
don't know about it. Gone are the days of open debate as the Town of Yarmouth
once again proposed a bylaw which would essentially require OEM exhaust on all
motorcycles entering the town. Alerted to this proposal being presented mere
hours before the meeting, the MMA sprang into response providing testimony and
supporting documentation as well as representation at the Selectmen
Meeting.
Armed with prior testimony used successfully around the state,
including used to overturn a similar bylaw passed in Falmouth and subsequently
struck down by the Commonwealth Attorney General, MMA Legislative Director Rick
Gleason joined the Chief and Deputy Chief of the Yarmouth Police Department in
their argument that Town Bylaws cannot exceed State Law, and that such a measure
would essentially be meaningless.
The MMA has long held strong opposition
to the use of the OEM EPA Stamp as an enforcement tool simply because it is a
consumer protection mechanism, not meant to be used against the consumer. It is
also hard to locate on many models of motorcycle, hidden under seats on sport
bikes, under saddle bags of cruisers, or simply facing the wrong way for
aesthetic reasons. Most critically, per the very regulation that entitles it,
it expires in one year or 3,729 miles, whichever comes first!!
