Noisy Motorcycles?

We in Austinburg can finally do something about them ruining our piece and quiet!

Check this site out!

http://www.noiseoff.org/pipes/index.shtml

Federal Motorcycle Law

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d7bf8e83d&rgn=div6&view=text&node=40:24.0.1.2.11.4&idno=40

Federal Laws for Motorcycle Exhausts Systems

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I will be getting together with the trustees and the Highway Patrol

We already have a noise ordinance in place!

The Solution No sound level meters or special skills are required.

Congress gave states and their subdivisions broad powers to control motorcycles and motorcycle exhaust systems^11-1 
with respect to vehicle owners who deliberately make their motorcycles loud. The federal government's job is to control 
the manufacturers of motorcycles and motorcycle exhaust systems. States and subdivisions are not required by Congress
and the EPA to adopt these federal laws and regulations; only encouraged^11-2.

Therefore the only way to keep loud aftermarket competition use exhaust systems off street use motorcycles, is for states 
or political subdivisions to make it illegal to install them. This is easily achieved by adopting the Noise Control Act (NCA)
and federal motorcycle noise emissions regulations into state laws and/or cities local noise ordinances. It is far easier for
states and subdivisions to use their rights of section 4905e(2)^11-3 of the NCA, to license, and/or, regulate what type 
(only EPA approved) of exhaust systems are installed on federally regulated motorcycles, than to test all exhaust systems 
with ineffective stationary type noise level testing procedures.

This can be achieved by including the following in statutes to vehicle noise codes:

Motorcycles: all highway use motorcycles, manufactured after December 31 1982, shall be equipped 
as required by federal EPA noise emissions regulations 40CFR205 parts D&E, pursuant to the NCA 
of 1972, to include; a) labeled exhaust systems, free of defects or modifications, that state they meet 
federal noise emissions standards, in accordance to the maximum dba levels for the model years listed
below; and, b) All other related equipment, to include chaise mounted labels (as a means to facilitate
vehicle and exhaust system applicability), and other integral exhaust system components^11-4. Nothing 
in this section shall prevent the installation of U.S. EPA approved low noise emission mufflers^11-5 onto
these motorcycles^11-6.

Maximum U.S. EPA noise emission muffler ratings, for highway use motorcycles manufactured;
After 1982 and before 1986: 83dba
After 1985 to present: 80dba

Doing this will enforce the highest standard of motorcycle muffler and only allow quiet, tested, and appropriately labeled
EPA approved mufflers that meet federal noise emissions standards (and prohibit all other types of mufflers), to be used
on street use motorcycles as is the way they all come from the factory since 1983.
No sound level meters or special skills are required.!!!!!

The NCA additionally gives states and political subdivisions wide ranging authority, such as the right to restrict the 
operation and movement of federally regulated motorcycles within neighborhoods, at times of day or night, or the 
number of federally regulated motorcycles operating together.

The NCA also gives every citizen of the U.S. (regardless of whether their state adopts and enforces the NCA) the
option of commencing a "citizens suit^11-7" against motorcyclists, motorcycle manufacturers, and their agents 
(dealerships), and aftermarket motorcycle exhaust system manufactures that violate the NCA^11-8.

This option was clarified to Congress by the EPA at the Senate hearing in 1982 (with the closing of the Office of
Noise Abatement and Control (ONAC)) as a replacement legal option available to states, cities, and citizens, in 
the absence of ONAC, as this was one of its duties:

"...under the citizens suit provisions of the act [NCA], any person including any state or local government,
 may bring a civil suit against a manufacturer or other person who is allegedly in violation of an existing regulation^11-9."

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§ 205.169   Labeling requirements.

(a) The manufacturer of any product (including the manufacturer of newly produced motorcycles) subject to this subpart 
      must, at the time of manufacture, affix a permanent, legible label, or mark of the type and in the manner described below, 
      containing the information provided below, to all such exhaust systems or exhaust system components to be distributed in commerce.
(b) The labels or marks shall be affixed in such a manner that they cannot be removed without destroying or defacing them, 
     and must not be applied to any part which is easily detached from such product.
(c) The label or mark shall be in a readily visible position when the exhaust system or exhaust system component is installed
      on all motorcycles for which it is designed and marketed.
(d) All required language shall be lettered in the English language in block letters and numerals in a color that contrasts with its background.

(e) The label or mark must contain the following information:

(1) For exhaust systems subject to the noise emission standards of §205.166:

(i) The label heading: Motorcycle Exhaust System Noise Emission Control Information;

(ii)(A) For original equipment and replacement exhaust system, the following statement:

This (manufacturer's name) exhaust system (serial number) meets EPA noise emission requirements 
of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation
of this exhaust system on motorcycle models not specified may violate Federal law.

(B) For exhaust system components designed and marketed for motorcycles, and tested in accordance with §205.168
     as a constituent of a complete exhaust system comprising non-original equipment components (other than itself), as
     provided for in §205.166(b)(3), the following statement:

This (manufacturer's name) (type of component) (serial number), when installed with a legal (type of component), meets EPA noise
emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation 
of this exhaust system components on motorcycle models not specified may violate Federal law.

(iii) The model specific code must be the same as used by the motorcycle manufacturer and described in §205.158(a)(6).

(2) For exhaust systems designed solely for use on competition motorcycles (as defined by §205.151(a)(3) and so
     designated and labeled by the manufacturer), the statement:

This product is designed for use on closed course competition motorcycles only and does not conform to U.S. EPA noise emission 
standards. Used on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can 
be shown that such use does not cause the motorcycle to exceed applicable Federal standards.

(3) For exhaust systems designed solely for use on motorcycles manufactured before January 1, 1982, the statement:

This product is designed for use on pre-1982 model year motorcycles only and does not conform to U.S. EPA noise emission standards. 
Use on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that
such use does not cause the motorcycle to exceed applicable Federal standards.

(4) For replacement exhaust systems manufactured in the United States solely for use outside the U.S. and not 
     conforming to the noise emissions standards of this regulation, the statement: “For Export Only.”

[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]

§ 205.158   Labeling requirements.

(a)(1) The manufacturer of any vehicle subject to this subpart must, at the time of manufacture, affix a label, of the type
          specified in paragraphs (a)(2), (3), and (4) of this section, to all such vehicles to be distributed in commerce.

(2) The label must be plastic or metal and be welded, riveted, or otherwise permanently attached in a readily visible position.

(3) The label must be affixed by the vehicle manufacturer to the vehicle in such a manner that the label cannot be removed
      without destroying or defacing it, and must not be affixed to any piece of equipment that is easily detached from such vehicle.

(4) The label must be lettered in the English language in legible block letters and numerals, which must be of a color
      that contrasts with the background of the label.

(5) The label must contain the following information:

(i) The label heading: Motorcycle Noise Emission Control Information;

(ii) The statement:

This ___ (model year) ___ (model specific code) motorcycle, ___ (serial number), meets EPA noise emission
requirements of ___ (noise emission standard) dBA at ___ (closing rpm) rpm by the Federal test procedure. 
Modifications which cause this motorcycle to exceed Federal noise standards are prohibited by 
Federal law. See owner's manual.

(6) The model specific code is limited to ten spaces which includes three spaces for the manufacturer's abbreviation
      (see paragraph (a)(7) of this section), three spaces for the class identification, and four spaces for the advertised engine displacement respectively.

(7) All motorcycle manufacturers shall use the following abbreviations in their model specific code.

(8) Moped manufacturers only shall use the following abbreviations in their model specific code.

(9) If a new motorcycle manufacturer begins production of vehicles subject to this regulation, the Administrator 
     will assign him a 3-letter manufacturer abbreviation as soon as reasonably practical after his existence is known to the Agency.

(b) Any vehicle manufactured in the United States solely for use outside the United States must be clearly 
     labeled in accordance with the provisions of paragraphs (a) (2), (3), and (4) of this section with the statement; “For Export Only”.

(c) Any competition motorcycle as defined in §205.151(a)(3), shall be labeled in accordance with the 
     provisions of paragraphs (a)(1), (2), (3) and (4) of this section with the statement:

This motorcycle is designed for closed course competition use only. It does not conform to U.S. EPA motorcycle noise standards.

(d) It will be permissible for manufacturers to meet the requirements of this section by consolidating these labeling requirements 
     with other government labeling requirements in one or more labels, provided the provisions of paragraphs (a) (2), (3) and (4) 
     of this section are met.

[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]

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