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2012 Legislative Session!
It appears that the 2012 Legislative session is packed with activity and heated discussions. This is
evident by the media coverage and letters to the editor.

NHMRO will  keep  members and the general public educated on the issues based facts, rather
then perceptions and emotional opinions.

This approach has been successful to date, given the reports we are able to generate showing
many folks using our website to gain insightful information - those on both sides of the issue.  

NHMRO would like to remind everyone that this organization is a
non-partisan and seeks to
educate
our members of the facts surrounding issues that are related to them whether it is a
legislative issue or a safety item.  
State House Memo
A simple way to turn down the noise
Here's how my new motorcycle bill works
By Rep. Michele Peckham / For the Monitor
Created 08/27/2011 - 00:00

I am responding to misconceptions concerning the motorcycle noise law I have
proposed. First, a review of current federal and state law is necessary.

Under federal law all motorcycles sold in America are required to be equipped with
factory-installed mufflers that are compliant with EPA exhaust regulations. Thus,
every bike coming off today's show room floor is EPA-compliant at 80-84 dB.

In contrast, New Hampshire law allows riders to replace their factory-installed
mufflers with those that emit noise levels up to 106 dB. If a bike is suspected of
violating state law, it requires three police officers to measure the decibel level with
costly equipment.
The new legislation will save police time and money in enforcement. The bill affects
only those motorcycles and aftermarket equipment that are manufactured after Jan.
1, 2013. If the legislation passes, only one police officer will be required to determine
compliance. Initially the officer will check the bike's registration to determine its
manufacture date. If a bike was manufactured after Jan. 1, 2013, the bike must be
equipped with the original factory-installed muffler or a replacement muffler, which is
EPA compliant. All EPA compliant mufflers are embossed with a statement indicating
compliance.

An officer can visually check to see if the muffler has the embossed statement. If the
statement is on the underside of the muffler, as it often is, a mirror held to the
underside of the muffler will allow an officer to see the statement. Bikes registered to
non-residents or manufactured before Jan. 1, 2013, will be exempt from the new law.
Over time, pre-2013 bikes will come into compliance as mufflers that need to be
replaced because of normal wear and tear are replaced with mufflers that are EPA
compliant. No person with a pre-2013 bike will be forced to purchase a new muffler
upon passage of the proposed law.

Recent rhetoric that the delayed effective date of 2013 is of no value to dealers
because their inventory "will soon to be illegal" misses the point that the bill exempts
aftermarket equipment manufactured before 2013. That equipment is grandfathered
and will not be illegal. Indeed, dealers will sell their inventory. Bikers who want
louder mufflers will snap up pre-2013 mufflers because that equipment will no longer
be available.

Another misconception is that out-of-state riders will avoid New Hampshire and our
state will lose money. Since the law does not affect out-of-state motorcycles, the
police will have no jurisdiction to issue a noise fine. Further, most of our border states
have motorcycle noise laws akin to the proposed legislation, thus out-of-state
motorcycles are likely to be equipped with mufflers that are less offensive than the
mufflers allowed in New Hampshire. I see no reason why an out-of-state rider will
shun New Hampshire.

People have also alleged that the issue of motorcycle noise is "not real", but is a
problem created by a few "bad apples" who have add straight pipes or mufflers
above 106 dB to their bikes. Not so.

The problem is so bad that North Hampton adopted a noise ordinance directed solely
at motorcycles. Rye and Newcastle are also considering ordinances. If noise were not
an issue, why are dealerships engaging in noise awareness promotions or towns
conducting noise checkpoints?

Changes to current law have been proposed three times since 2006, and each time
the House Transportation Committee has voted to kill the bill. As justification the
committee has pointed to issues that this bill adequately resolves.

The committee has also stated that the 106 dB level is not a problem. Actually, it is
the heart of the problem. To illustrate the absurdity of the committee's position, one
need only understand how loud 106 dB is: equal to the sound emitted by a Boeing
707 or DC-8 aircraft at one nautical mile (6,080 feet) before landing (106 dB). It is
also louder than a jet flyover at 1,000 feet above ground (103 dB); a jet take-off (at
305 meters); the use of an outboard motor or a jackhammer. Even a Bell J-2A
helicopter at hovering at 100 feet is not as loud (100 dB) as the majority of
motorcycles on our streets! A review of the laws of those states that have motorcycle
noise emission laws reveals the startling fact that no other state has a noise
emission law as loud as that allowed in New Hampshire.
Current law is unacceptable. It is difficult to enforce and allows for obnoxious noise
levels that make life unbearable for non-riders. I implore legislators to consider the
interests of everyone in New Hampshire, not just motorcycle riders and dealers.

(State Rep. Michele Peckham lives in North Hampton.)
Reposted from BikerBits published on August 29, 2011
____________________________________________________________________________________
This page will be updated as new information becomes available.
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completeness of the electronic documents and resources provided on this
Web site.  However, the New Hampshire Motorcyclists' Rights Organization
(NHMRO) makes no warranties, express or implied, regarding errors or
omissions and assumes no legal liability or responsibility for loss or
damage resulting in the use of this information contained within.

Copyright 1995-2009 The New Hampshire Motorcyclists' Rights Organization
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