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Maine Motorcycle Noise Law

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Old 07-28-2010, 07:17 AM
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Default Maine Motorcycle Noise Law

Hey all you Maine People. Does anyone know the specifics of the new MC noise law? How will it be enforced? Inspection issues? Is it based at all on decibels? How are you going to deal with it? I just installed a 95" kit, duals and Rush mufflers. Not the loudest bike around, but certainly louder than stock.
 
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Old 07-28-2010, 09:12 AM
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Let me first state that I have done a fair amount of reading on this, but am far from an expert. So, here is my understanding of what has always been law and what has changed.

1. There has been a law (in Title 29) in Maine regarding exhausts that has been around for years, but not necessarily enforced, that basically says it is unlawful to modify your exhaust (keep in mind change your exhaust and modifying it are two different things) in a way that makes it noticably louder than it was when it cam from the manufacturer. Again, this law has been in affect for years. There is nothing that says you can't install an aftermarket exhaust.

The way I read this is that you can not "modify" your exhaust whether its the stock exhaust or an aftermarket exhaust to make it louder.

2. The new noise law (LD 1642) is not specific to motorcycles or exhausts. It is a very wide open law covering all motor vehicles and all noises that may be emitted from them. These noise could range from jake-brakes, loud stereos, exhausts, ect. It is also (IMO) very subject, in that it gives law enforcement the ability to stop you and summons you if they feel that the noise being emitted from the motor is obsessive.

This law did create some minor modifications to the inspection laws that basically requires that your exhaust has a muffler. Again, the definition of a muffler is pretty open to interpretation.

Here is my simple definition. Any increase in the diameter of the exhaust that is toward the rear of the exhaust and in that increased diameter section of the exhaust there is a baffel that decreased the level of sound emitted from the exhaust, this would constitute a muffler.

3. The draft law (LD 1675) that was specific to mortorcycle noise did not / has not passed. What did come out of this in the legislation, is that starting in 2012 we will have to visualy display our inspection stickers towards the rear of the bike. No more carrying it in your saddlebags for wallet. Hopefully they come out with a new/smaller inspection sticker thay can be applied to the license plate.

I think this passed because the state realized how much revenue they we losing since approx 40% of the registered motorcycles in Maine a operating without a current inspection.

That said, both my bike are pretty loud when you get after them and I'm not planning on changing anything.

For more infomation, check out:
www.mmpac-usa.org
or the United Bikers of Maine website

Sorry for being so long winded.
 
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Old 07-28-2010, 10:48 AM
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Thanks for the info and your interpretation, that was very helpful. From what you said about having mufflers with baffles makes me hopeful I'll be fine. The only part I wonder about is that they are louder than stock. Of course who determines what stock sounded like? Hopefyully we will not have issues getting inspection stickers.
 
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Old 07-28-2010, 11:20 AM
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Old 07-28-2010, 11:26 AM
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http://www.motorcycle-usa.com/713/37...ound-Test.aspx People are tired of loud pipes and laws are being adapted to quiet them down. The open pipe crowd are taking everybody down with them.
 
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Old 07-28-2010, 03:31 PM
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NEW LAWS AND CONFUSION During The last Legislative Session (124th 2nd Session) two noise Bills were proposed. They were LD 1642 "An Act to Reduce Road Noise Within Posted Areas" and LD 1675 "An Act To Reduce Noise Caused by Motorcycles and Improve Public Health.
LD 1675 was a concept draft Bill which dealt only with motorcycles and was governed by the Environmental Protection Agency (EPA) statutes per Title 40 Volume 16. Much of the work on this Bill centered on noise meters, stamped exhausts, and after-market products. During the ensuing debate, it was brought out that 40% of the motorcycles in the State of Maine were uninspected and that prompted the Legislation to require inspection Stickers to be displayed on the rear of a motorcycle starting in 2012. This time period was agreed to by the State and the groups representing motorcyclists (UBM and MMPAC). The main reasoning was due to State budget restraints and for the motorcyclist’s education and a phase in period. THIS BILL RESULTED IN NO CHANGE TO THE INSPECTION LAWS.
LD 1642 "An Act to Reduce Road Noise Within Posted Areas" was about designing "quiet" zones throughout the state and was aimed at: trucks (Jake Brakes) hot rods, and cars with the ampliphied exhaust cans. These criteria were governed under the standards established by the National Highway Transportation Safety Administration (NHTSA) and the EPA. The discussion was lengthy with problems between inter and intra state trucking and the fact that the State has no criteria for "quiet zones" What came out of the Bill was a wording change in the inspection manual to address sound amplification in relation to all vehicles.
Unfortunately, what has transpired has been an email being sent out confusing the two laws and an ill-advised interpretation of LD 1642 to be directed towards motorcycles by profiling and harassment. The interpretation caused motorcycle dealers in the State to actually stop inspecting motorcycles.
The latest word from the State Police is:
Good Afternoon,
I have received several calls and emails with concerns over the amended muffler law that took effect today. Several complaining that the new law requires all exhausts to be stock or OEM. Even with the changes that take effect on July 12th (today), there is no need to have a stock or OEM muffler on a motor vehicle or motorcycle, as long as it is not "noticeably" louder than the factory installed muffler. If the exhaust noise is 'close' to factory then the muffler is legal. There are many aftermarket mufflers that effectively reduce engine noise and are close to factory sounding. These mufflers are still 'legal'. There are some additional requirements in the Maine Motor Vehicle Inspection Manual (MMVIM) that also must be met. For instance a Maine registered motorcycle exhaust would not pass inspection, even it was quiet, if it was marked "for racing only" or "not for highway use" or some other similar type of marking. Please refer to the attached MMVIM for more information.

The aftermarket mufflers that are 'excessively loud' are not currently legal and have not been for many years. The prior law has been on the books for over 16 years and some language has now been added to clarify the intent of the law.
This law change was passed by the legislature and signed into law by the Governor. It is now a law enforcement responsibility to enforce the law as written, by exercising discretion in the application of enforcement measures.
I do believe there is a lot of confusion out there regarding this "new" law. THERE IS NO NEED FOR THE EXHAUST SYSTEM TO BE STOCK OR OEM (original equipment manufacturer) ONLY. Unfortunately there are some well intentioned people spreading the INCORRECT word that all exhausts must be factory or OEM. Please see the old and new Title 29-A Section 1912:
OLD:
29-A §1912. MUFFLERS
1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
2
. Cutouts prohibited. Except as provided in subsection 5, a muffler or exhaust system may not be equipped with a cutout, bypass or similar device.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
3
. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified to amplify or increase the noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
4
. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
5
. Exception; racing meets. Notwithstanding subsection 2, an owner or operator of a motor vehicle used occasionally in racing meets may obtain a permit from the Secretary of State for installing a cutout, bypass or similar device on the exhaust system of that motor vehicle pursuant to this subsection.
A. The cutout, bypass or similar modification must be kept closed and inoperative while the vehicle is on a public way. [2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. The permit must be in the vehicle at all times while on a public way.
[2003, c. 452, Pt. Q,
§23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. The Secretary of State shall determine the eligibility of all applicants for a permit.
[2003, c.
452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. The permit fee is $1 for the registration year.
[2003, c. 452, Pt. Q, §23 (NEW);
2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. X, §2 (AFF); 2003, c. 452, Pt. Q, §23 (RPR) .]
6
. Exception. Subsections 1 and 3 do not apply to a muffler or exhaust system that does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit a noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by participating certified inspection stations. This subsection applies to motor vehicles as defined in section 101, subsection 42, except that it does not apply to motorcycles.

NEW AMENDED LANGUAGE:

An Act Relating to Road Noise

Be it enacted by the People of the State of Maine as follows: Sec. 1. 29-A MRSA §1912, sub-§1,


as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

1.
Muffler required.
A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, "excessive or unusual noise" includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.
Sec. 2. 29-A MRSA §1912, sub-§3,
as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

3.
Amplification prohibited.
A person may not operate a motor vehicle with an exhaust system that has been modified to amplifywhen the result of that modification is the amplification or increase theof noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
Sec. 3. Working group; excessive highway traffic noise.
The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

As you can see from above, Title 29-A Section 1912 Subsections 1 and 3 have only been amended slightly. The rest of the above statue (1912) is still in effect. Below is how Title 29-A Section 1912 now reads:

EFFECTIVE TODAY 7-12-2010:
29-A §1912. MUFFLERS
1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise.
For purposes of this subsection, "excessive or unusual noise" includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
2
. Cutouts prohibited. Except as provided in subsection 5, a muffler or exhaust system may not be equipped with a cutout, bypass or similar device.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
3
. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
4
. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
5
. Exception; racing meets. Notwithstanding subsection 2, an owner or operator of a motor vehicle used occasionally in racing meets may obtain a permit from the Secretary of State for installing a cutout, bypass or similar device on the exhaust system of that motor vehicle pursuant to this subsection.
A. The cutout, bypass or similar modification must be kept closed and inoperative while the vehicle is on a public way. [2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. The permit must be in the vehicle at all times while on a public way.
[2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. The Secretary of State shall determine the eligibility of all applicants for a permit.
[2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. The permit fee is $1 for the registration year.
[2003, c. 452, Pt. Q, §23 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. X, §2 (AFF); 2003, c. 452, Pt. Q, §23 (RPR) .]
6
. Exception. Subsections 1 and 3 do not apply to a muffler or exhaust system that does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit a noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by participating certified inspection stations. This subsection applies to motor vehicles as defined in section 101, subsection 42, except that it does not apply to motorcycles.
Feel free to contact me with any further questions.

Brian
Lt. Brian P. Scott
Maine State Police
Traffic Safety Unit
207-624-8946
Also addressed is exceptions. Here is Lt. Scott’s answer: "
subsection 6-Exception- It is saying that only subsection 6 does not apply to motorcycles. The
referenced SAE J1169 standard only applies to automobiles and light
trucks. Subsections 1 and 3 apply all motor vehicles including
motorcycles.

Lt. Scott has also stated that antique motorcycles are not exempt from inspections like other antique vehicles.
What seems to be at the route of all of these problems seems to be a reinterpretation of the laws and this being used to profile and harass motorcyclists.
Signed:
Eric Fuller
Chairman
Maine Motorcyclists Political Action Committee
 
  #7  
Old 07-29-2010, 08:44 AM
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Thanks. That was some great info. It still seems that the law is vague when referring to noise levels greater than stock.
 
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Old 07-29-2010, 07:52 PM
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Exactly..............it's just a law to shut up the losers.
It's all officer discretion, which is good and bad.

DB law is the only way to go.............NH has that, and most bikes pass with a muffler and baffle.

Steve
 
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Old 07-29-2010, 07:56 PM
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Good point Steve. Just like gun laws, they make no sense and prove nothing other than shut up a few people and make a few Liberals feel good about what they accomplished.
 
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Old 07-30-2010, 09:33 AM
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SAE, Society of Automotive Engineers, has a simple testing procedure and pratical limits.
Its in their standards.

I guess why every State and even towns, most anyway, set up their own rules, is then these folk can feel like they did something at the Capital. And see their name on top of the page.

Every single thing politicians do is a pissing contest.

And Lawers make the Laws mostly, Engineeres hardly ever do that kind of thing, though they should.
 

Last edited by Old Gunny; 07-30-2010 at 09:36 AM.
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