This is an update on what's going on with this new law that will take effect on 1 January, 2012. The update is on the mandated study group that will be reporting to the Standing Committee on Transportation in January, 2011. The Committee will be using the recommendations to write new noise legislation for motorcycles.

Please keep in mind that the 'other' noise law 1642 has a study group also and the first meeting for that group is August 5th in Cumberland. I will have a report on that meeting also.

LD1675 Study GROUP MEETING

The first LD1675 study group was held on July 28, 2010. In attendance were officers of the Maine State Police, Law Enforcement officers from various counties/towns, Members of MECALM, Representatives from the AMA, MMTC, Chairman of the SAE commission for J2825, Harley Davidson of Milwaukee, Harley Davidson of Augusta, Paul Blouin Suzuki of Augusta, United Bikers of Maine and Maine Motorcyclist Political Action Committee as well as Senator Nancy Sullivan of Maine’s fourth District.

Harley Davidson provided the test equipment and technicians to conduct a demonstration of testing in accordance with Society of Automotive Engineers (SAE) J2825 - This standard establishes instrumentation, test site, test conditions, procedures, measurements and sound level limits to measure motorcycle exhaust systems in a stationary on-highway situation. North Country Harley Davidson of Augusta provided several test bikes.

The tests were conducted in the parking lot of the Maine Public Safety building in Augusta. The motorcycle being tested was warmed up to operating temperature and the meter was positioned in accordance with the SAEJ2825 requirements. An idle test (engine at idle) was conducted on each as well as a swept RPM test (engine RPM is increased from idle to a specified peak RPM and back to idle. The specified RPM is determined by the number of cylinders. A portable Tachometer was used for the bikes without tachometers.

The tests were observed by the working group participants. One bike did not pass either test (exhaust system was Vance & Hinds), one bike passed easily (had stock exhaust) and the bike with Screaming Eagle II aftermarket exhaust marked with EPA stamp “Off-Road Use Only” was borderline. Although the labeling on the mufflers would render them illegal for on-road use.

During the test, one participant had his own meter and when using it, the db (a) level was somewhat higher than the meter used by HD. Both meters were calibrated.

The group moved to a meeting room to discuss the tests. It should be noted that although some of the test parameters were not strictly adhered to (no parked vehicles within 8 feet, and not more than one person other than the rider, the measurer and an assistant to operate the throttle shall be within 8 feet) the demonstration was adequate.

During the discussion, the difference between various testing meters was discussed. The expert said there should not be more than a 3-4db (a) variation between different manufacturers. Also the environment around the tested bike would not affect the test results very much. Note: These variations could mean the difference between passing and failing on a borderline exhaust system.

The discussion was long and was back and forth on the viability of using the J2825 Standard to establish an upper limit on motorcycle exhaust sound. After much discussion it seemed to me that law enforcement was leaning toward an acceptance of the standard. The question they had was how and by what method the standard would be used. Would it be used as an enforcement tool for officers in the field? Or would it be a defense for a person who had received a citation by patterning the statute after the subsection 6 exception in Title 29A 1912? Nothing was decided nor will be decided until there have been at least two more study group meetings.

After that, recommendations will be made and the group will try and reach a consensus on which ones to report to the legislature in January, 2011.

My thoughts on SAE standard J2825:

I think, after witnessing the test demonstration performed by Harley-Davidson, that this roadside test could be very effective when used for enforcement purposes. Stage one, the idle test, is simple and could be performed by a single officer with minimum training and equipment. I think the officer who observes a motorcycle being operated with an excessively loud exhaust system would have objective proof whether the motorcycle was in compliance or not after testing. Stage two, the Set RPM/ Swept RPM test, is more manpower intense and requires more training so I think it could be used as a secondary test at an authorized inspection station if a motorcycle failed the idle test at roadside and wished to contest the citation. Having SAE J2825 as a standard would remove the subjectivity and ambiguity from the law as written.

Joshua Herndon

Legislative Liaison

United Bikers of Maine