FOR IMMEDIATE RELEASE
MMA ANNOUNCES MOTORCYCLE
SOUND WARRANT DEFEATED IN YARMOUTH
02 April 2013
The Massachusetts Motorcycle
Association (MMA) announced to its members today that the ill-advised
Anti-Motorcycle Sound Warrant in the Town of Yarmouth was defeated last
night at the Yarmouth Town Meeting. With strong representation from the MMA
and area Motorcyclists, the town voted overwhelmingly with the Town
Selectmen, Police Chief and Deputy Chief against the ill-advised warrant
which would have seen heavy fines for motorcyclists who don't have OEM
exhaust on their bikes, even if parked.
Although April Fools' Day is
celebrated in many countries with people playing hoaxes on each other, the
Warrant being heard in Yarmouth was no joke. It seems that every spring
brings out the anti-motorcycle crowd in advance of the riding season. While
normally hailed by local merchants, Motorcyclists are held in disdain by a
vocal few because of the irresponsible actions of an even smaller minority.
In winter, most people have their heavily insulated walls and windows
blocking the sound from outside. In spring, those windows open to let in
the fresh air and sounds of birds singing. Those same open windows bring
the sounds of lawn equipment and vehicles interrupting the reserve of the
winter's prison. As the weather warms, more vehicles, including
Motorcycles, find the peace of coastal communities a haven. Motorcyclists,
especially ride in groups to enjoy the weather and patronize the local shops
who welcome them with open arms.
In Yarmouth, there's little
exception to the welcoming atmosphere, but as in some other coastal towns,
there are a select few who cringe at the thoughts of Motorcycles invading
their personal solitude. As in some other towns in prior years, Yarmouth
became the latest test case for the anti-Motorcycle crowd who, buoyed by the
organized "noise" around the country by anti-motorcycle organizations
attempted to portray the EPA Stamp as a panacea for their ill-aimed venom.
In this case, Town Warrant Article #36 would have imposed a $300 fine on a
Motorcycle if an EPA stamp was not clearly visible, even if parked.
Last Month the MMA consulted
with the Yarmouth Chief of Police and Deputy Chief prior to the Selectmen's
meeting. At that meeting, the Chief discussed the existing Massachusetts
State Law and the realities of the EPA stamp.
The MMA is strongly opposed
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!!
Instead, the MMA continues
to hold a firm belief that the existing laws on the books are sufficient if
properly implemented and enforced, specifically that simple test procedures
do exist for muffled exhaust, whether replaced with after-market or not,
with a reasonable sound level. Given that very few complaints have been
lodged with the Police Department, one questions whether there is a real
problem or not in Yarmouth. Further, that Education, not Legislation, is
key to changing the behavior of a select few who either remove their
mufflers or rev throttles simply to "sound cool"…
The
MMA's
"When in Town, Throttle Down©" (click on the banner on the
MMA
Website: http://www.MassMotorcycle.org) details
the realities of the current law, the "EPA Stamp" and programs that are
designed to work with local riders and/or Law Enforcement to create
awareness of the issue and actual sound levels.
Armed with the facts, the
Yarmouth Selectmen voted unanimously against the warrant article which was
then heard last night. Many motorcyclists from Yarmouth and border towns
waited four and a half hours at the Town Meeting for Article 36, which was
the last to be called. After hearing from two residents supporting the
proposed bylaw and three against, a Town Meeting Member enacted a procedural
motion to suspend additional testimony and “Move the Article” directly to a
vote. The motion carried, the vote was taken, and the proposal was soundly
defeated with an almost unanimous vote. It was clear to the committee
that Yarmouth residents did not support the increased burden to motorcycle
riders and the Yarmouth Police Department and that this issue was not worth
the expenditure of additional resources.
The
MMA
thanks the many riders who attended last night's Yarmouth Town Meeting, the
Selectmen, Chief, and Deputy Chief for their diligence and support.
For more information, please contact LegislativeDirector@MassMotorcycle.org or
see http://www.MassMotorcycle.org
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