The laws on pipes
#11
Join Date: May 2005
Location: A barrier island in NJ
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RE: The laws on pipes
NJ is clamping down on bike exhaust noise. I don't believe we have a db level to adhere to at the state level, but they're not giving tickets for being too loud here - they're goingby the 1979 EPA law. I also understand other states are beginning to use this law as the basis for citations.
That law states that you can't "tamper with intake or exhaust as supplied by the manufacturer". An acquaintancegot a ticket under that law for not having "Harley-Davidson" engraved on his mufflers (he has Cycle Shacks), indicating he "tampered" with the exhaust. He got the ticket from a State Trooper on Rt. #72 in the Pine Barrens - in the middle of nowhere!
I'm not sure local cops are up on the EPA "anti-tampering" law, but my town has passed a dbordinance (85db at 10'),and they enforce it when they're bored. I run SE II's right now and just take it nice and easy in town (I'm getting Thunder City baffles for them shortly and hope that taking it easy in town will still work...)
That law states that you can't "tamper with intake or exhaust as supplied by the manufacturer". An acquaintancegot a ticket under that law for not having "Harley-Davidson" engraved on his mufflers (he has Cycle Shacks), indicating he "tampered" with the exhaust. He got the ticket from a State Trooper on Rt. #72 in the Pine Barrens - in the middle of nowhere!
I'm not sure local cops are up on the EPA "anti-tampering" law, but my town has passed a dbordinance (85db at 10'),and they enforce it when they're bored. I run SE II's right now and just take it nice and easy in town (I'm getting Thunder City baffles for them shortly and hope that taking it easy in town will still work...)
#12
RE: The laws on pipes
Here in NY I always get my inspections from Harley dealers and as of now they could care less what kind of pipes you got. You can Baffle the old SE pipes all you want but they will still be illegal. Get down low and look under them. They will say " Not for road use". Here in NY it is safe to say that most bikes are not DOT compliant when it comes to pipes.
#14
#15
RE: The laws on pipes
Technically, ALL states have to follow Fed EPA law, and ONLY theEPA law. They can't make one that's more stringent without a federal waiver, and they ain't getting any (except CA which actually has a waiver). That's why the AMA and several other groups are suing Alb NM for saying that all bikes in a group can't make more noise than EPA for one bike. Most states have ignored EPA - most because they didn't see how toget any money for enforcing it. Lately, they've learned that they can make beaucoup $$$ like Denver has. A big dispute is how they measure it, and each jurisdiction can have a different way. ABATE has some good stuff on this - learned it all there.
For what it's worth, virtually all aftermarket pipes for HD are in violation of EPA noise regs. Sucks, but there it is.
For what it's worth, virtually all aftermarket pipes for HD are in violation of EPA noise regs. Sucks, but there it is.
#16
RE: The laws on pipes
Actually, all States have to "at least" meet federal law. They can be more restrictive, but not more lenient. And this applies to any and all laws. The Federal Government cannot interfere with the soverienty of any State. Along those lines, local (City) governments can be more restrictive than State for the same reasons.
#17
RE: The laws on pipes
This is what's being challenged by AMA, ABATE and others - state's rights to modify fed lawin regards to vehicles.
States actually do have to have a waiver to vary from Fed safety and environmental laws regarding most road-legal vehicles.It's an agreement that states made with the feds, and has almost 70 years of precedent - mostly in the way of "free trade between states" issues.
I think this is a good thing. Imagine what it would be like ifCalifornia could begin to ticket any vehicle on the road because it didn't meet CARB standards! Or if a local jurisdiction could outlaw big cars, small cars, wide tires, green paint, 4-cyls, 8-cyls, etc. In the case of CA, NY, and some others, the states sought and rec'd fed permission to become more stringent because they weren't meeting fed EPA with existing standards. California's waiver, for instance, allows them to regulate vehicles licensedor domiciled in the state. California does NOT have the right to ticket cars NOT licensed or domiciled in the state, except when they also violate fed stds.
I can legally drive my Oregon-licensed car in CA (even though it would not pass CARB standards) because it DOES pass fed stds. If state and local jusrisdictions could *****-nilly change the fed standards, then it would be a real mess. State govts generally know better than to start this crap, but local govts are just plain dumb. They're messing with bikes because they think they can, not because it's legal to do so. They don't mess with cars because the auto makers would destroy them.
If they're just enforcing fed law, then they're fed-legal. If they're making their owns laws w/o a waiver, then they're probably crossing a line. Watch the court cases in the next few years. It's gonna be entertaining for sure.
As far as State's rights and State soverignty, the feds mess with this all the time. EPA, DEA, FBI, FDA, FCC, FAA, and the list goes on. They do whatthey want, when they want, and all the time. Look at medical marijuana in CA, or Oregon's Death with Dignity Act. The feds claimto have the right to outlaw both even though the states claim a sovereignty issue. The Supreme Court's is asked to hear cases like these on a daily basis.
We had a Civil War about this, and for the most part the states lost. Best advice for us bikers is to let our voices be heard in the political process early and often. Let them know that we're aware of what they (the politicians) do, and that we will vote accordingly.
States actually do have to have a waiver to vary from Fed safety and environmental laws regarding most road-legal vehicles.It's an agreement that states made with the feds, and has almost 70 years of precedent - mostly in the way of "free trade between states" issues.
I think this is a good thing. Imagine what it would be like ifCalifornia could begin to ticket any vehicle on the road because it didn't meet CARB standards! Or if a local jurisdiction could outlaw big cars, small cars, wide tires, green paint, 4-cyls, 8-cyls, etc. In the case of CA, NY, and some others, the states sought and rec'd fed permission to become more stringent because they weren't meeting fed EPA with existing standards. California's waiver, for instance, allows them to regulate vehicles licensedor domiciled in the state. California does NOT have the right to ticket cars NOT licensed or domiciled in the state, except when they also violate fed stds.
I can legally drive my Oregon-licensed car in CA (even though it would not pass CARB standards) because it DOES pass fed stds. If state and local jusrisdictions could *****-nilly change the fed standards, then it would be a real mess. State govts generally know better than to start this crap, but local govts are just plain dumb. They're messing with bikes because they think they can, not because it's legal to do so. They don't mess with cars because the auto makers would destroy them.
If they're just enforcing fed law, then they're fed-legal. If they're making their owns laws w/o a waiver, then they're probably crossing a line. Watch the court cases in the next few years. It's gonna be entertaining for sure.
As far as State's rights and State soverignty, the feds mess with this all the time. EPA, DEA, FBI, FDA, FCC, FAA, and the list goes on. They do whatthey want, when they want, and all the time. Look at medical marijuana in CA, or Oregon's Death with Dignity Act. The feds claimto have the right to outlaw both even though the states claim a sovereignty issue. The Supreme Court's is asked to hear cases like these on a daily basis.
We had a Civil War about this, and for the most part the states lost. Best advice for us bikers is to let our voices be heard in the political process early and often. Let them know that we're aware of what they (the politicians) do, and that we will vote accordingly.
#18
RE: The laws on pipes
This is correct. And, in line with the last couple of sentences, the EPA has made it easier to enforce without the hassle of measurements, etc. All new(er) (not sure how long now) pipes have an EPAstamp that basically says whether the pipes are legal or not. The wife and I have '06 Sporty's and put SE-II's on with stage 1 kits. The stamp clearly says "FOR OFF-ROAD USE ONLY", and it would be easy for us to recieve tickets at any time. My '06 Electraglide has "aftermarket" HD touring mufflers (not Screamin' Eagle) and they are marked "Street legal for use with the following HD models: ....FLH...EPA blah, blah". I also had a set of Rush pipes for the EG that had no markings whatsoever, guaranteed ticket fodder.
All the LEO has to do is "suspect" illegal pipes and check for the proper markings. No measuring, muss, or fuss.
All the LEO has to do is "suspect" illegal pipes and check for the proper markings. No measuring, muss, or fuss.
ORIGINAL: mfuchs2004
Technically, ALL states have to follow Fed EPA law, and ONLY theEPA law. They can't make one that's more stringent without a federal waiver, and they ain't getting any (except CA which actually has a waiver). That's why the AMA and several other groups are suing Alb NM for saying that all bikes in a group can't make more noise than EPA for one bike. Most states have ignored EPA - most because they didn't see how toget any money for enforcing it. Lately, they've learned that they can make beaucoup $$$ like Denver has. A big dispute is how they measure it, and each jurisdiction can have a different way. ABATE has some good stuff on this - learned it all there.
For what it's worth, virtually all aftermarket pipes for HD are in violation of EPA noise regs. Sucks, but there it is.
Technically, ALL states have to follow Fed EPA law, and ONLY theEPA law. They can't make one that's more stringent without a federal waiver, and they ain't getting any (except CA which actually has a waiver). That's why the AMA and several other groups are suing Alb NM for saying that all bikes in a group can't make more noise than EPA for one bike. Most states have ignored EPA - most because they didn't see how toget any money for enforcing it. Lately, they've learned that they can make beaucoup $$$ like Denver has. A big dispute is how they measure it, and each jurisdiction can have a different way. ABATE has some good stuff on this - learned it all there.
For what it's worth, virtually all aftermarket pipes for HD are in violation of EPA noise regs. Sucks, but there it is.