State law is specific about how and where motorcycle noise is to be measured: by a meter held at a 45-degree angle about 20 inches from the motorcycle`s exhaust pipe, in an open test area free of buildings, parked vehicles, signs or other sound-reflecting objects. New Hampshire law limits the volume of exhaust noise from motorcycles to different levels depending on speed and engine type. The Federal Office for Environmental Protection (EPA) has rules for motorcycle noise. In the United States, motorcycles must be manufactured and sold with exhaust systems no higher than 80 decibels. EPA-compliant exhaust systems must have a stamp or label when they leave the plant or showroom. Thoughtful legislators of the past have enacted specific laws to address this problem: RSA 266:59 clearly states that “every motor vehicle shall be equipped with a muffler at all times. in good condition and in continuous operation to avoid excessive or abnormal noise, and no person shall use a cut-off, bypass or similar muffler on a moving motor vehicle. Saf-C 3218.01 continues: “The exhaust system. will be inspected on. excessive noise according to RSA 266:59… What is excessive, you say? How about an easily applicable standard to exceed the standard decibel level of the silencer? It is time for the caring public to raise its voice to enforce these laws. Police must stop vehicles equipped with noisy mufflers and impose fines, according to RSA. Test stations that pass vehicles equipped with noisy mufflers should lose their inspection capability.
Our good health depends on it. Tip: Also check local laws in New Hampshire counties to make sure you comply with municipal noise laws, which may be stricter than state laws. In New Hampshire, the maximum noise limit for motorcycles, where Section III of NH RSA 266:59 has been removed from the law, can now be 106 dB. This noise level is somewhere between the sound of a chainsaw and a noisy rock concert. In addition, by removing Section III of NH RSA 266:59 from the Act, there is NO way to determine acceptable noise for EVERY car or truck by scientific measurement. This is because the only remaining law is RSA 259:66. This law simply requires that damping devices in motor vehicles “effectively reduce noise.” There is no definition of “effective” and no measure of what exactly noise reduction should be. Mufflerless car motors can produce noise in the sound range of 120 dB to 140 dB. That`s between 10,000 and 1 million times the power compared to the EPA`s 80 dB. That`s way above the noise of a loud rock concert at about 110 dB. It is very important to note that when decibel levels increase by seemingly small differences, the amount of noise your ears hear increases quite significantly.
To illustrate the current problem, let`s say we have a mufflerless car that produces 130 dB of noise, and we install a muffler that reduces noise by 10 dB. The resulting noise would then have ten times less power or half the noise. If you were a judge, would it be “effective” to cut noise in half? If this is the case, the resulting noise at 120 dB would be more than twice as loud as a newly legalized motorcycle operating at 106 dB exhaust noise. The actual increase for another car would largely depend on the size of the engine in the vehicle. To be realistic, it is very likely that people installing modified mufflers have large, high-performance motors that can produce up to 140 dB of continuous noise. This is the type of noise that can damage the ears permanently. The noise of this vehicle can be more than four times louder. The result of this analysis indicates that cars and trucks can indeed be legal and much noisier than motorcycles. What does this mean for you if you want a strong muffler on your car or truck? Let`s say you have your muffler replaced in New Hampshire by a qualified repair shop that claims your new, but admittedly noisy and “healthy” muffler is “legal.” You probably haven`t been told that legislators have banned all scientific measurements of the maximum volume a silencer must observe.
Then a law enforcement officer will quote you for a loud muffler because the officer thinks your muffler is too loud. You go to court to plead your case. Since there is no way to measure the legal volume of your muffler, the judge should give an opinion, a very subjective opinion, on whether or not you are guilty of a noisy muffler. This means that on the same day, with different judges in one court, you could be guilty and innocent in another. The question of fairness and equality of justice before the law comes to mind. Unfortunately, the legislature voted for exactly that when it repealed NH RSA 266:59, Section III. Will cities enforce the new noise “standard” in New Hampshire? Probably not. If cities and municipalities attempt to enforce a car noise ticket, they must prove to the court that the “standard” for which they ticketed the operator is legally justified. Since there is no “standard” for cars and trucks in the law, this will be difficult to prove when challenged in court. Nor has the legislator allocated funds for the purchase of the equipment necessary for the execution. Therefore, it is unlikely that quotes will be issued for noisy mufflers installed in a car, truck or motorcycle.
A side consequence – – more noise may now be legal! Another problem created by the 106 dB “standard” for acceptable motorcycle noise is arguably that legislators may also have redefined “noise disturbing a person of average sensitivity” in the Criminal Code [RSA 644-2] to noise greater than that of a chainsaw! This new state law could override local noise ordinances that make them unenforceable. What happened in 2005 to influence the new noise “norm” in New Hampshire? Nothing substantial. In 2005, legislators added Section IV to NH RSA 266:59 to prohibit “straight pipes” that were already illegal under RSA 259:66. The legislator added a progressive system of mandatory fines for noisy exhaust systems. The legislator also added mandatory fines to Section III of the NH RSA 266:59a. This bill, known as HB326, was approved by both legislative branches by a vote and signed by the Govenor. However, Parliament maintained the de facto requirement that two law enforcement officers observe and cite violations under Section II of NH RSA 266:59a; it has not set noise standards for cars and trucks; and failed to provide local communities with the necessary equipment and personnel to enforce the new standards. Will the 2005 legislative changes reduce vehicle noise? Unlikely. Since the change in 2004, the public has repeatedly complained that the noise does not go away.
This small segment of custom motorcycle and car owners who have excessively noisy exhaust systems continue to drive on the streets with impunity. Every day, more and more noisy exhaust systems and mufflers are sold. The legislator knows this. The aftermarket exhaust industry knows this and wants profits to continue. Unfortunately, industry lobyists and their campaign contributions were a stronger motivation for Concord politicians than the will of the people who elected them. As a result, nothing has been done to assist law enforcement agencies in their work. Instead, since the 2004 amendments to the law came into force, it has become more difficult to quote and punish operators with noisy silencers. What has the legislator actually done to increase vehicle noise? With respect to the 2004 legislation, enforcement of motorcycle noise laws in New Hampshire generally requires two simultaneous observations by two law enforcement officers: (1) the per minute RPM of the engine near the vehicle`s tachometer, if applicable; and (2) the decibel meter reading when measured 20 inches from the tailpipe at a 45-degree angle of approximately two feet to the rear of the vehicle. To make matters worse: a) not all motorcycles have a built-in tachometer; and (b) few law enforcement agencies equip their officers with an ANSI/SAE J-1287 decibel meter approved and calibrated by the Society of Automotive Engineers Recommended Practice.
This equipment is very expensive. Parliament deliberately failed to provide cities and municipalities with funding for the purchase of the equipment necessary to ensure equal and effective enforcement protocols, nor did it establish a method for determining engine speed in the event that the vehicle does not have a functional tachometer, nor did it provide that additional personnel would assign the appropriate check. Nor has the legislator set noise standards for cars and trucks. Why has the legislator exacerbated the noise problem? The only logical reason is that lawmakers have enacted the new law legalizing “aftermarket” exhaust systems to fatten the wallets of lobbyists and the noisy muffler industry in general. Market opportunities for noisy mufflers have been enhanced by the fact that the legislator has imposed an unfunded mandate on small towns that can hardly afford such equipment and employees to implement the new law.