Loud Motorcycles


3-1 42 U.S.C. § 4901(b). The Noise Control Act is also referred to here as the "NCA."

3-2 EPA Notice, 40 FR 23105 (May 28, 1975).

3-3 Regulatory Analysis Appendices for the Noise Emissions Regulations for Motorcycles and Motorcycle Exhaust Systems, Appendix O (EPA 1980) (included in Appendix IV of this work)

4-1 EPA Regulatory Analysis for the Noise Emissions Regulations for Motorcycles and Motorcycle Exhaust Systems, section 5, p. 24 (hereinafter "Regulatory Analysis").

4-2 Regulatory Analysis, section 5, p. 2.

4-3 Regulatory Analysis, section 5, p. 3. See also "Community Noise" (World Health Organization 2001).

4-4 "NOISE EFFECTS HANDBOOK: A Desk Reference to Health and Welfare Effects of Noise," section 3, p.5 (EPA 1981)

4-5 "NOISE EFFECTS HANDBOOK," supra, section 3. See also "Community Noise," supra.

4-6 "Noise: A Hazard for the Fetus and Newborn," Pediatrics (American Academy of Pediatrics), Vol. 100, No. 4, at pp. 724-727 (October 1997).

4-7 "Community Noise," supra.

5-1 "NOISE EFFECTS HANDBOOK," supra, section 1, p. 3

5-2 American Housing Survey for the Pittsburgh Metropolitan Area: 2004 (U.S. Dept. of Housing and Urban Development).

5-3 "The New York City Police Department’s Civil Enforcement of Quality-of-Life Crimes," 3 Journal of Law & Policy 447 (1995).

6-1 Environmental Impact Statement for the Noise Emissions Regulations for Motorcycles and Motorcycle Exhaust Systems, p. 3 (EPA 1980).

6-2 45 FR (Federal Register) 86694, p. 20.

6-3 "New Model Forecast Statistics," Dealer News (Vol. 41, Issue #6, p. 92, May 2005).

7-1 Docket Analysis for the Noise Emission Regulations for Motorcycle and Motorcycle Exhaust Systems, section 9, p. 5 (hereinafter "Docket Analysis").

7-2 Motorcycle Accident Cause Factors and Identification of Countermeasures. Volume 1 (the "Hurt Report").

8-1 40 CFR 205 parts D and E (published in the Federal Register, 45 FR 86644).

8-2 42 U.S.C. § 4913 of NCA ("Quiet Communities, Research, and Public Information").

9-1 "Street motorcycle" (to include mopeds), means (as defined in 40 CFR § 205.151(2)): any motorcycle regardless of engine displacement or horsepower, that can achieve (with a rider) at least 25 mph, and is equipped with features such as but not limited to, rear view mirrors, turn signals, horn, and lights.

9-2 "Off road motorcycle" (as defined in 40 CFR § 205.151(4)) means: any motorcycle that is not a "street motorcycle" or "competition motorcycle."

9-3 "Competition motorcycle" (as defined in 40 CFR § 205.151(a)(3)), means: "any motorcycle designed and marketed solely for use in closed course competition events."

9-4 40 CFR § 205.169(a)(2), (3), (4).

9-5 40 CFR § 205.158(a)(9)(a): label for "competition motorcycle."

9-6 40 CFR § 205.152 (motorcycles); and 40 CFR § 205.166 (aftermarket exhaust systems).

9-7 This test procedure (j331a) measures the total noise (including exhaust, tire, wind, and engine mechanical noise), from the vehicle at 50 feet. The vehicle tested is in second gear, wide-open throttle, with the engine RPM at a pre-determined percentage of the engine’s maximum RPM. 40 CFR § 205, Appendix I, contains this complex test procedure.

9-8 This model specific code includes a 3-character abbreviation of the manufacturer's name, unique model code, and the engine displacement in cc's (3 to 4 digits).

9-9 See footnote 12-17

10-1 Excluding California. See infra, footnote 11-6.

10-2 42 U.S.C. § 4909(a)(2).

10-3 The Environmental Protection Agency has more recently addressed this noise issue, and replied that it is aware of a problem but that it does not have the funding from Congress to deal with it at this time. See Summary and Analysis of Comments: Control of Emissions from Highway Motorcycles (EPA No. 420-R-03-106) (December 2003); and Summary and analysis of Comments: Control of Emissions from Unregulated Nonroad Engines (EPA, No. 420-R-02-023) (September 2002).

10-4 Congressional Findings and Statement of Policy, 42 U.S.C. § 4901(a)(3) of the NCA.

10-5 40CFR205.169(a)2

10-6 See definition of competition motorcycle; Supra. footnote.9-3

10-7 Federal Register 45FR86694 at p.6

10-8 45FR86694 at p.13

10-9 Toward a National Strategy for Noise Control, P. 24 (EPA Office Of Noise Abatement and Control, 1977)

10-10 See Regulatory Analysis, supra, Appendix O.(appendix 4 of this work)

11-1 These powers or rights of states and political subdivisions are listed in section 4905(e)(2) of the NCA.

11-2 Regulatory Analysis, supra, Appendix O. See also 45 FR 86694, pp. 1, 13 and 27.

11-3 42 U.S.C. § 4905(e)(2). This provision provides that, "subject to sections 4916 (railroad) and 4917 (motor carrier), nothing in this section precludes or denies the right of any state or political subdivision thereof to establish and enforce controls on environmental noise (or one or more sources thereof) through the licensing, regulation, or restricting the use, operation, or movement of any product or combination of products."

11-4 It is very important to use the phrase "shall be equipped with labeled exhaust systems," because this shows the intent to regulate motorcycle exhaust systems by their labels. This statute also reflects the "prohibited acts," as referenced in section 4909(a) of NCA, which prevents any person from using these motorcycles with any "element of design" removed or disabled [i.e., mufflers, muffler pre-chambers, and the required chassis mounted label]. It also provides an adequate description of required equipment to head off judicial conclusions that a prohibitory statute is unconstitutionally vague. That is, it gives the vehicle owners a clear definition of what is required to be compliant with the law.

11-5 This needs to be stated because there are EPA provisions (40 CFR part 203), to build low noise emissions products. These would have a lower dBA muffler rating.

11-6 This statute was drafted based in part on California Vehicle Code § 27200(e), as an example. It is the only state law in the nation to make reference to the NCA. Unfortunately, this California provision only applies to the selling of a new federally regulated motorcycle to the first owner, and does not apply to subsequent owners.

11-7 42 USC § 4911.

11-8 This includes motorcycle dealerships who replace EPA approved exhaust systems with loud competition types, while on the showroom floor before the motorcycle is sold to the first owner (in violation of section 4909(a)(2)(a)); and aftermarket exhaust system manufacturers who build exhaust systems without any label, as required by federal regulations 40 CFR § 205.169 (in violation of 42 U.S.C. § 4909(a)(1)).

11-9 11-9 Statement of Mr. Charles L. Elkins, Deputy Assistant Administrator for Noise Control Programs, U.S. EPA, at the Hearing before the "Committee on Environment and Public Works." Senate Serial No. 97H10.

12-1 Article IV, clause 2, U.S. Constitution: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

12-2 Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 91 L. Ed. 1447, 67 S. Ct. 1146 (1947).

12-3 Shaw v. Delta Air Lines, 463 U.S. 85 (1985).

12-4 42 USC § 4901(b).

12-5 42 USC § 4905(e)(1).

12-6 Comments of Representative Ryan (New York), regarding section 4905(e)(2). See Congressional Record Vol. 118, p. 6045. This congressman introduced in the 91st Congress one of the earlier versions of the NCA.

12-7 Comments of Representative Springer regarding section 4905(e)(2) in the Congressional Record, Vol. 118, p. 6048.

12-8 Comments of Senator Tunney, on section 4905(e)(2) in the Congressional Record, Vol. 118, p. 35419.

12-9 Senate Committee on Interstate and Foreign Commerce.

12-10 Comments of Senator Boggs on section 4905(e)(2) in the Congressional Record, Vol. 118, p. 35419.

12-11 42 U.S.C. § 4913 of the NCA, as well as several other additions throughout the NCA.

12-12 David G. Hawkins, Assistant Administrator Air and Waste Management EPA, Hearings Before Subcommittee on Environment and Public Works. Serial No. 95-h55, p. 103.

12-13 42 U.S.C. § 4909(a)(2).

12-14 From EPA's Model Community Noise Ordinance (1975)

12-15 45 FR 86694, page 13.

12-16 Docket Analysis, supra (EPA 1980).

12-17 From "National Motorcycle Noise Control Emphasis Plan" in Appendix of Regulatory Analysis, supra (EPA 1980).

13-1 Annotation, "Validity, Under Federal Constitution, of Federal, State or Local Antinoise Laws and Regulations," 36 L.Ed2d 1041 (1973).

15-1 This includes preventing the installation of competition use mufflers, as well as gutting or modifying EPA approved mufflers.

15-2 The percentage is based on reducing the size of the modified (loud) motorcycle fleet (nationwide) from twelve percent (12%), to three percent (3%), by utilizing states as a tool do to so. See 45 FR 86694, p. 5.

ii-1 This model of aftermarket muffler has a selection of different cosmetic outlet tips.