You asked what Maine has done to reduce motorcycle noise.

SUMMARY

The Maine legislature and City of Portland have each attempted to address the question of excessive motorcycle exhaust noise. In May, 2009, the legislature's Transportation Committee considered, but did not approve, a bill that would have required motorcyclists to use only U. S. Environmental Protection Agency (EPA) compliant exhaust systems. A similar proposal by the City of Portland was also unsuccessful. Both measures were based on a Denver, Colorado ordinance.

An informal working group of interested parties is seeking to address some of the issues raised by excessive motorcycle noise.

BACKGROUND

Maine law prohibits the operation of a motor vehicle (1) without an adequate muffler properly maintained to prevent excessive or unusual noise; (2) except at racing meets, with a muffler or exhaust system equipped with a cutout, bypass, or similar device; or (3) with an exhaust system that has been modified to amplify or increase noise above the level emitted by the originally installed muffler (Maine Revised Statutes Title 29A, § 1912).

EPA regulations require that motorcycles manufactured after 1983 have exhaust systems meeting specified noise limits and that original equipment and replacement, or after-market, systems, bear labels indicating they comply with these requirements (40 CFR Part 205, Subparts D & E).

LEGISLATIVE PROPOSAL

In March, 2009, Maine State Representative Diane Russell (D-Portland) sponsored LD 920, which would have required that motorcycles manufactured in 1983 or later have a muffler bearing the required EPA label or a muffler or exhaust system that emitted a maximum of 82 decibels as measured from a distance of 25 feet. Under the bill, failure to comply would have been a traffic infraction punishable by a fine of at least $ 250, although a court could waive the fine if the motorcycle operator proved that he or she had brought the motorcycle into compliance within 14 days of receiving the citation.

The proposal is similar to a Denver ordinance (Denver Revised Municipal Code § 36-8 (d)). Boston, Massachusetts adopted a similar motorcycle noise ordinance this year (Boston Municipal Code Ch. XVI, Section 16-47 (a)). We have attached copies of these ordinances.

The Transportation Committee voted unanimously on May 7, 2009 that the bill ought not to pass. In a June 2, 2009 letter to Lt. Christopher Grotton, of the Maine State Police Traffic Division, the chairs of the Transportation Committee stated that while they did not feel the legislation was needed, they recognized the importance of preventing excessive motor vehicle noise. They asked the state and other police departments to increase enforcement of existing laws prohibiting excessive or unusual noise.

PORTLAND PROPOSAL

The Portland Press Herald reported on September 10, 2009 that the city council had rejected a proposed ordinance that would have fined a motorcyclist $ 50 for operating a motorcycle without an EPA label. The newspaper reported that the council sent the measure back to committee.

Motorcycle Noise Working Group

According to Lt. Grotton, members of the informal working group represent law enforcement organizations, the motorcycle industry, the public, and people with sound-testing expertise.  

“Maine has existing statutes requiring an adequate muffler to prevent excessive or unusual noise, securely attached and intact, and prohibits removal of baffles or amplification,” Grotton said. “The real issue is the subjectivity and lack of successful prosecution surrounding the 'excessive or unusual' language. ”

Lt. Grotton said he expects to submit recommendations to the Transportation Committee before the next legislative session.

According to the Portland Daily Sun, Russell, Lt. Grotton, and others have developed a proposal that would require (1) increased enforcement of the existing Maine law banning unreasonable noise, (2) adoption of the EPA standards, and (3) local motorcycle shops and dealers to test whether aftermarket parts meet the federal noise standards.

MORE INFORMATION

Additional information on Maine motorcycle noise issues is available on-line at the website of Maine Citizens Against Loud Motorcycles, an organization seeking the passage of laws and ordinances banning excessively loud motorcycles: http: //www. mecalm. org/.

PF: ts