Maine Biker Network
" Maine Bikers Helping Maine Bikers "
LD 221 and LD 477 have become Maine Law
Yes, it is official. I talked to Erin Sullivan in the Governor's office and she told me that Governor LePage signed LD 477 on May 26 and he let LD 221 lay on the table. Which means that he did not agree with the bill but did not want to veto it either so it lay for 10 days and became law without his signature. LD 477 was passed as an emergency measure so it is law effective May 26. LD 221 will go into effect on 1 March 2012.
LD 221 is the inspection sticker bill that puts the sticker on the registration tag. Once the law becomes effective all motorcycle registrations will expire in March, starting in 2013. The inspection sticker can expire in any month. There is an implementation plan in the new law to accomplish the transition.
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Replies to This Discussion
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Permalink Reply by Joshua Herndon on -
Thank you for the kind words.
What 477 does is give you an affirmative defense if you get a ticket for loud exhaust and you feel it was not justified. In order to use the defense YOU will have to find an inspection facility that performs the SAE J2825 sound test and have your bike tested. IF the bike meets the test parameters then YOU can use the results as an affirmative defense in court.
The problem right now is that there is not a facility in the state that is certified to perform the test. It will take time for that to happen so that the test is available to anyone seeking to use it as a defense against a ticket.
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Permalink Reply by Brian Jackson on -
So what happens if I get a ticket for loud a loud exhaust and I can't find a station qualified to do the sound test? Can I get out of the ticket by telling the Judge it's not fair to find me guilty since there is no sound testing stations set up yet?
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Permalink Reply by Joshua Herndon on
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That is a good question Brian. I do not know the answer to that but, I would certainly try to use the fact that there was no facilities available to do the testing as mandated by the new law. This was the problem that the director of the State Police Traffic Safety Unit tried to make the transportation committee aware of during the work session for the bill when they started talking about giving the bill emergency status. It is going to take time to establish the certification process and get some inspection technicians in place to perform the test should anyone want to avail themselves of the affirmative defense provision in the new law.
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Permalink Reply by Artlee on -
Hey Josh,
Thanks ( as always ) for the updates. It is nice to get this info in real time.
Brian, get lawyers, guns and money. Well, guns would not be useful here, but lawyers and money will help you fight the ticket!
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Permalink Reply by Stephen P. Marois on -
After the statement Gov.LePage made at the Governors Tea, I would have thought that he wouldn't have signed LD 477. LD 221 makes sense. LD 477 infringes on ones right to use whatever means necessary to protect themselves when riding motorcycles. Government and Insurance Companies believe Helmets are the answer. Experienced Motorcyclist believe that awareness is the key. Public Service Messages, Exhaust that will get ones attention without being obnoxiously loud.
Any word Josh on what the decibels of one's exhaust will have to be to be legal?
Thank you by the way for taking on the daunting task of overseer for the Biker Community. I'd rather watch paint dry myself LOL.
Steve
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Permalink Reply by Joshua Herndon on
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The J2825 test levels are 92dbA @ idle for all motorcycles and under the set RPM or swept RPM test the following dbA levels are maximum.
Less than 3 cylinders or more than 4 cylinders: 96 dbA @2000RPM
3 0r 4 cylinders: 100 dbA @ 5000 RPM
There is a 1-1.5 dbA variance for meter differences in the standard
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Permalink Reply by Gerry Alden on
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LD 477 is vague about the idle test. The J2825 idle test specification for all motorcycles with original exhaust is 94 dB(A), not 92 dB(A).
LD 477 is vague about where measurements may come from. I read LD 477 does not stipulate in its language that the court needs to be satisfied that a noise SPL measurement, J2825 procedure, must be performed on "THE" motorcycle in question that received the summons, by a participating certified inspection station. "
1912 Section 6-B. Subsections 1 and 3 do not apply to a muffler or exhaust system of a motorcycle that does not emit noise, as measured in accordance with standards and specifications outlined in standard J#2825"-
I read that the court must be satisfied that the muffler, not the vehicle, must not be modified when the result of that modification is the amplification or increase of noise emitted by the motor to NOW not exceed the decibel levels of the J2825 standards.
Section 6b-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 exceed decibel levels as described in this paragraph. Measurements must be made by a participating certified inspection station.-
Would the word "measurements" in the paragraph only apply to a SPL recording taken by a Maine technician, or could the definition of a measurement include knowledge of J2825 measurements taken for the same mufflers on the same vehicle by the warranting manufacturers?
Why wouldn't a court be satisfied by a participating certified inspection station report that "A" motorcycle does not emit noise with a known combination of muffler or exhaust system, in excess of the standards by reported J2825 measurements , as an affirmative defense? Manufacturers of after-market exhaust products are warranting their muffler or exhaust systems for a stock engine model motorcycle, to measure not to exceed the specification and standards of SAE J2825. If I am a traffic court judge, using the revised language in Title 29a sec 1912 Section (6)b and get such a report from a participating inspection station that the muffler or exhaust system for the vehicle is known to not be in excess of the decibel level as measured by SuperTrapp, and not measured by the station, I would be equally satisfied. I could be satisfied, because Section 6b says "A" muffler and "A" vehicle, not "The" muffler, and "The" vehicle must be measured. Therefore an affirmative defense from this evidence could remove Amplification Prohibited, allowing the noise level of my motorcycle to be increased with the use of products known to be compliant to the J2825 standard. My inspection technician may use this knowledge to not reject my vehicle a sticker upon muffler review. The roadside stopping officer could find the J2825 stamping and use his discretion to not cite a summons for a Title 29a Sec 1912 subsection 3 Amplification Prohibited violation. It would seem that all muffler and exhaust system products on stock engine motorcycles measured to meet or exceed the J2825 standards and specifications would now be the "MAINE STANDARD", without any need to measure any motorcycle in Maine to satisfy a court for a defense. Why would any SPL test be needed by any participating inspection station to overturn a Sec 1 or Sec 3 violation, if the court accepts the word of the technician from the station that the vehicles configuration is known to pass J2825 specifications? In fact why would a court even need a participating station? It will be interesting to find out if any such SPL recordings ever take place, or if "A" measurement is all that is needed instead of "The" measurement.
Here is an example of 2010 HD FLHRC SuperTrapp models pre measured by J2825 that could help satisfy a court:
www.supertrapp.com/images/pdfs/hot-sauce-db.pdf+SuperTrapp+J2825&am..." target="_blank">http://docs.google.com/viewer?a=v&q=cache:vA5CKJb2dhwJ:www.supertrapp.com/images/pdfs/hot-sauce-db.pdf+SuperTrapp+J2825&am...
Stephen P. Marois said:After the statement Gov.LePage made at the Governors Tea, I would have thought that he wouldn't have signed LD 477. LD 221 makes sense. LD 477 infringes on ones right to use whatever means necessary to protect themselves when riding motorcycles. Government and Insurance Companies believe Helmets are the answer. Experienced Motorcyclist believe that awareness is the key. Public Service Messages, Exhaust that will get ones attention without being obnoxiously loud.
Any word Josh on what the decibels of one's exhaust will have to be to be legal?
Thank you by the way for taking on the daunting task of overseer for the Biker Community. I'd rather watch paint dry myself LOL.
Steve
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Permalink Reply by Jim Gregoire on -
I just joined Maine Bikers this morning, Hello everyone. I got a ticket for excessive noise Wednesday. As I entered 95 south a trooper had just finished issuing some other poor sole a ticket. He heard me roll on the throttle and stoppred me. Made me leave the bike running, reeved the bike and said I was getting a ticket for illegal pipes. Anyway, The dealer I got the bike from says they're legal and put on a new sticker. By the way, I bought the bike fom this dealer with these pipes. The bike is a Yamaha Road Star and the non-stock exhaust are Star (Yamaha) straights with baffles.
To my question, is there anyone (tech) that can do a decibel test for me just to see if I have a leg to stand on in my defense? I've read some of J2825 and understand the device must be 20" behind the exhaust and off at a 45 degree angle. But my iphone doesn't have an app for that.
Jim Gregoire
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Permalink Reply by Jeff Neil MBN Founder on -
Gerry, UCLA teaches law. Please pack your bags immediately.
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Permalink Reply by Gerry Alden on
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What would administrating an improper SPL test accomplish? By your statements, you agreed to purchase a bike that obviously is missing the noise controls. Yamaha does not offer OE straight pipes.
Baffles inside a hollow core exhaust do little to attenuate noise. Your Road Star owners manual states what noise controls can not be removed, or replaced, which is your responsibility to maintain.
Dealerships do not enforce Title 29a sec 1912, police do. A sticker is not proof that you can not violate the general muffler regulations.
If I were you I would demand the dealer supply the original exhaust, or quiet the bike down with smartpartz, or give you your money back.
Even with the correct equipment in place, an officer could still cite you for rolling onto i95 for a Title 29a sec 2079 Making purposeful noise, violation. There is no meter defense option for a 2079 violation.
Good luck with your case.
Jim Gregoire said:I just joined Maine Bikers this morning, Hello everyone. I got a ticket for excessive noise Wednesday. As I entered 95 south a trooper had just finished issuing some other poor sole a ticket. He heard me roll on the throttle and stoppred me. Made me leave the bike running, reeved the bike and said I was getting a ticket for illegal pipes. Anyway, The dealer I got the bike from says they're legal and put on a new sticker. By the way, I bought the bike fom this dealer with these pipes. The bike is a Yamaha Road Star and the non-stock exhaust are Star (Yamaha) straights with baffles.
To my question, is there anyone (tech) that can do a decibel test for me just to see if I have a leg to stand on in my defense? I've read some of J2825 and understand the device must be 20" behind the exhaust and off at a 45 degree angle. But my iphone doesn't have an app for that.
Jim Gregoire
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Permalink Reply by Jim Gregoire on
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The SPL test only satisfies my question of how load it really is. As I said the previous owner changed exhaust then sold the bike. The dealer I got it from has been playing dumb. This afternoon I believe I have convinced them that these pipes should not have passed inspection and they need to replace them. I'll miss the rumble but will feel better at resaling the bike later.
Thanks for your thoughts.
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Permalink Reply by Gerry Alden on
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I would like to be more helpful Jim. The general muffler regulation defines the muffler performance of your Road Star, to not be louder then the a new Star sitting on the showroom floor. Ask the dealer to allow you to run a similar, stock exhaust and engine, bike side-by-each, to easily answer the question to how loud your modified bike is in comparison. A Sec 3, Amplification Prohibited. violation determination, should become instantly obvious. There are hundreds of youtube videos like this one http://www.youtube.com/watch?v=QhHNLxmOynA&feature=fvwrel that give an unscientific before and after comparison of increase noise levels after silencer replacement. It is very unlikely, that the dealer or inspection technician is not aware of the resultant noise increases of many of the products available in commerce that can fit a Road Star. What the dealer or tech may not disclose to you is their understanding of the policy of the U.S. Congress, which declared in the Noise Control Act of 1972, that it is the policy of the US to promote an environment for all Americans free from noise that jeopardizes their health or welfare. The U.S. EPA was authorized to establish a Federal noise emission standard for products distributed in commerce. The Road Star between your legs is defined as a low-noise-emission product. Yamaha has warranted the new model as delivered to the dealer to meet or exceed the Federal noise emission standard. The after-market exhaust company's product replacing the stock unit met the responsibility to warn not to use its product on a highway intended bike, as required by Federal law, when the product was shipped to the intended user, or by other forms of information, including a stamp "Racing Use Only". The Maine Motor Vehicle Inspection Manual guide book ask the technician to reject the vehicle a sticker because the exhaust is stated for non highway use. The Maine general muffler regulation does not allow altering the vehicle with such a modification, when the result is increasing the noise levels of the vehicle. The defense option to a summons for violating the prohibition of increasing noise levels, will measure what excess sound pressure level "SPL" is allowed. The SAE J2825 scientific procedure was researched and designed to measure at idle as close as possible what original motorcycles emit for sound energy to set its recommended pass/fail levels. The higher rpm level limits, chosen, will allow more sound energy then the original in most cases, but not much more, so it is said to be "close". The "timbre" of sound emissions will not be measured with the on-highway sound test. The meter is set to "feel" noise like our ears. The best possible way to be sure that the vehicle complies with local applicable noise laws is to leave the original noise controls in place, because the manufacturer warrants the product to be compliant under heavy fines and costly product recalls. For the purpose of beating an unlikely summons while prudently operating your tampered-with-noise-controlled cycle, you must invest in time and money to either have a class 1 or 2 A weighted, freshly calibrated meter, with wind guard, follow the exact parameters of the procedure, or hire someone to do so, if you wanted to define your altered muffler's performance, as "Maine Legal". The defense option may dismiss a summons but it will not officially define a mufflers performance for any other official who is asked to enforce noise. I believe over time most OEM manufacturers of vehicle and exhaust will warrant their products by a labeling standard, that the J2825 standard in all specifications is met for a stock engine vehicle. Our general muffler code could then be revised to include enforcement efforts by locating the J2825 label, so that you do not have to ask the question as a user, "how loud am I".
Jim Gregoire said:
The SPL test only satisfies my question of how load it really is. As I said the previous owner changed exhaust then sold the bike. The dealer I got it from has been playing dumb. This afternoon I believe I have convinced them that these pipes should not have passed inspection and they need to replace them. I'll miss the rumble but will feel better at resaling the bike later.
Thanks for your thoughts.
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