Motorcycle Noise

TO:

FROM: James J. Fazzalaro, Principal Analyst

RE: Motorcycle Noise

You asked for information on any Connecticut laws relating to mufflers on motorcycles and on motorcycle noise generally. You want any previous reports we may have done on the subject and a brief description of any unsuccessful bills that may have been introduced on the subject.

Connecticut law requires all motor vehicles, including motorcycles to be equipped, constructed, and operated in a way that prevents unnecessary or unusual noise. It also requires vehicles to be equipped with mufflers designed to prevent excessive, unnecessary, or unusual noise, and requires the muffler to be maintained in good working order and used whenever the vehicle is operated and prohibits anyone from removing all or part of a muffler except to repair or replace it.

The law also requires all motor vehicles to operate within certain maximum permissible noise levels that are established by regulation. The regulations establish a detailed procedure for measuring compliance.

Previous OLR reports have generally explained these requirements so they will be of little use to you in addition to this report.

Bills relating to motorcycle noise were introduced in six previous sessions between 1979 and 1994. Brief descriptions of these bills, the sessions in which they were introduced, and their final disposition are included in the final section of the report.

State law requires all motor vehicles to be “operated, equipped, constructed and adjusted to prevent unnecessary or unusual noise.” It requires that vehicles with internal combustion engines be equipped with a muffler designed to prevent excessive, unusual, or unnecessary noise. The muffler must be “maintained by the owner in good working order and shall be in use whenever the motor vehicle is operated.” The law prohibits anyone, including a motorcycle dealer, from installing, and prohibits anyone from using, a muffler that lacks interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout, or a straight exhaust, except in permitted racing events or exhibitions. Also, the law prohibits any mechanical device that amplifies vehicle noise. Finally, the law prohibits anyone, including a repairer or motorcycle dealer, from removing all or part of a muffler except to repair or replace it for more effectively preventing noise or using any extension or device on the exhaust system or tail pipe that will cause excessive or unusual noise (CGS § 14-80(a), -80(b)).

If someone violates any of these requirements, he commits an infraction. Currently, these infractions are punishable by a fine of $78 for each offense.

State law requires the commissioner of the Department of Motor Vehicles (DMV) to adopt regulations, with the advice of the Department of Environmental Protection, that establish maximum permissible noise levels for all motor vehicles. The law prohibits anyone from operating any vehicle at any time or under any condition of grade, surface, speed, load, acceleration, deceleration, or weather condition in a manner that exceeds the maximum decibel level established for the vehicle. It also prohibits an owner from allowing his vehicle to be operated in violation of these maximum noise levels. No one may sell or offer a new vehicle for sale if it produces a maximum noise level that exceeds the level established in the regulations (CGS § 14-80a(a), -80a(b)).

Violations of the vehicle noise level limits are punished as infractions. The current fine is $77.

The law also authorizes the DMV commissioner to establish a procedure for checking maximum noise levels of vehicles. The noise level must be measured 50 feet from the centerline of the vehicle. If the test procedure provides for measuring the noise from closer than 50 feet from the vehicle, the measuring devices must be calibrated in a way that creates an equivalency to measuring the sound at a distance of 50 feet.

The DMV regulations establish a specific maximum permissible decibel level for motorcycles for several types of operating conditions. Table 1 shows the maximum level allowed for motorcycles manufactured on or after January 1, 1979. Motorcycles manufactured before January 1, 1979 can have a maximum noise level two decibels higher in each case.

Table 1

Maximum Permissible Noise Levels for Motorcycles

Operating Speed of 35 mph 78 dB(A) 80 dB(A)

or less

Operating speed above 35 mph 82 dB(A) 84 dB(A)

Stationary Operation 78 dB(A) 80 dB(A)

Measurement on a “hard” site involves surfaces like concrete, asphalt, or stone. “Soft” sites are considered to be surfaces like grass, ground cover, or other absorptive material. A decibel is the basic measurement unit for sound. Decibel measurements are made on a logarithmic scale which means that an increase of 10 decibels approximates a perceived doubling of the source noise level. The A scale designation of decibel measurement is the scale that most closely approximates the sound sensitivity of the human ear and therefore is commonly used for measuring sound from transportation sources. Typically, a noise level of 70 dB(A) is the approximate equivalent of the sound of a lawnmower at a distance of 100 feet or a vacuum cleaner at a distance of 10 feet. Comparatively, the noise level of an average home is around 50 dB(A), normal conversation is about 60, and heavy city traffic about 90.

The most significant problem related to regulating noise from motorcycles appears to be the difficulty of enforcing the limits. As with any of the motor vehicle laws, any state or local law enforcement officer can issue citations for violations. But it appears that the need for special noise measuring equipment and the special training to use it and abide by the testing procedures outlined in the DMV regulations has proven to be a discouragement to local enforcement activities. The state, on the other hand, does not have adequate personnel, either in the State Police or the DMV, to enforce the law on the local level where most of the complaints are likely to occur. Proving a case of excessive motorcycle noise generally may require a greater allocation of police resources than most types of local law enforcement, particularly enforcement involving motor vehicles.

Municipalities are also somewhat limited in their ability to act independently by a state law that prohibits municipalities, or any municipal boards or officers, from making any ordinance “respecting the regulation, use, lighting or other equipment of motor vehicles, or respecting the use of equipment or accessories upon the same. . .” (CGS § 14-162). Apparently, the purpose of this law is to ensure uniform regulation of motor vehicles throughout the state. The law has been in existence in essentially this form since at least 1930.

As you will see from the following table, there are relatively few citations issued for noise violations related to motor vehicles, and fewer still that result in guilty pleas or convictions. Table 2 lists these for FY 1993-94, but you should note that these are for all motor vehicles, not just motorcycles. It is not possible to separate motorcycles from other vehicles in these statistics. Almost half of the citations issued resulted in a nolle, dismissal, or judgment of not guilty.

Operation

Causing Improper/ Exceeding

Unnecessary Defective Decibel

Noise Muffler Limit

(14-80(a)) (14-80(b)) 14-80a(a))

Bills on motorcycle noise were introduced in the 1991, 1985, 1984, 1983, 1981, and 1979 General Assembly sessions.

HB 5513 was a proposed bill that sought to reduce the maximum noise levels allowed for motorcycles. It was referred from the Environment Committee to the Transportation Committee, which took no action on it.

Three bills received a public hearing by the Transportation Committee, but the committee took no further action on them. HB 5676 would have raised the fine for operating a motorcycle emitting excessive noise to $99. HB 6620 would have made the fine $150. HB 5942 would have established a fine of $100 for a first offense, $200 for a second offense, and $300 for a third or subsequent offense. The person also would have been required to post a $300 bond to be returned after the motorcycle successfully passed a DMV compliance inspection.

HB 5285 would have made the fine $99 for exceeding maximum noise levels established by the DMV. The bill was reported favorably by the Transportation Committee, but died in the Judiciary Committee.

HB 5915 also would have made the fine $99 for exceeding maximum noise levels established by the DMV. It was reported favorably by the Transportation Committee, but the Judiciary Committee took no action on it.

Two bills received a public hearing from the Transportation Committee, but no further action was taken on them. HB 6257 would have changed the penalty for violating § 14-80 and 14-80a from an infraction to a Class C misdemeanor. It also would have prohibited the use of off-road motorcycles unless they met the noise limits for street motorcycles. SB 930 would have required all motorcycles registered and operated in Connecticut to meet the same noise limits as automobiles.

Two bills were introduced, but the Transportation Committee took no action on them. HB 6948 would have required a motorcycle to be equipped with a muffler designed to prevent excessive or unusual noise. HB 7505 would have required the law to require explicitly that motorcycles be equipped with mufflers. Both of these bills appear to have been motivated by a concern that the law specified this for motor vehicles generally, but not specifically for motorcycles. We are not aware that this has been raised subsequently as a potential problem with the wording of the law.

A copy of the DMV regulations are attached to this report. As you will see, the complete test procedure for determining compliance with maximum noise levels is quite elaborate.