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NY legislation -6-26-09

 
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karen
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Joined: 23 Jan 2009
Posts: 34

PostPosted: Fri Jun 26, 2009 9:32 am    Post subject: NY legislation -6-26-09 Reply with quote

NY legislation -6-26-09

The New York Legislative 2009 Session ended on June 22, 2009. If you would like to review New York's 2009-2010 session bills please visit our site at:
www.newyorkfreedomriders.com
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NEWS

Boston -Pipes

Boston City Council
Meeting June 3, 2009
Docket 0658:
Councilor Feeney of behalf of the Committee on Government Operations, submitted the following: On the ordinance, referred on May 6, 2009, Docket #0658, regulating the noise levels of motorcycles, the Committee submitted a report recommending the ordinance ought to pass. On motion of Councilor Feeney, the report was accepted; the ordinance was passed.

Ordinance:
http://www.cityofboston.gov/citycler...5805312009.pdf

NOTE: page 2
(a) Motorcycle Exhaust System Labeling
No person shall park, use or operate a motorcycle, within the City of Boston, manufactured subsequent to December 31, 1982 that does not bear the required applicable Federal EPA exhaust system label....
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Florida- Pipes

www.tbnweekly.com/pubs/belleair_bee/content_articles/062409_bee-01.txt
Motorcycle mufflers will be monitored
By HARLAN WEIKLE
Article published on Wednesday, June 24, 2009
INDIAN ROCKS BEACH – On the eve of one of the loudest weekends of the year, Indian Rocks Beach residents might experience a little more quiet this Fourth of July – but just a little.

Pinellas County sheriff’s deputies are poised to begin enforcing a state law regarding motorcycle mufflers.

Two weeks ago local innkeeper Jim Labadie presented a petition to city commissioners with more than 50 signatures asking Sheriff Jim Coats to crack down on loud motorcycle operators. The commission agreed.

Last week the city was informed by the sheriff that a limited enforcement policy would be put in place and deputies would be on the watch for motorcyclists operating unlawful, modified muffler systems sometimes called straight pipes.

For several years residents along Gulf Boulevard have complained about the nuisance noise of motorcycles with modified pipes disrupting the quiet. In particular, residents pointed to the weekend gathering of motorcycle patron at local bars. According to the Sheriff’s Office, the complaints were hard to investigate because of a shortage of sound monitoring equipment. The county has only four decibel meters for the entire county, according to their public information office. By the time a deputy responded to a complaint, the alleged offensive vehicle was either silenced or gone.

Labadie and his friend, state Sen. Steve Oelrich, decided to concentrate on another part of the law which prohibits modifying mufflers in order to produce more noise than allowed by federal regulations; in Florida just the modification is sufficient to cite the owner.

Labadie said after Tuesday’s City Commission meeting, “This will be just a limited enforcement effort, limited to Indian Rocks Beach, but it’s a good start.”
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Ohio - Enforcement

"The first will be from 5 to 9 p.m. June 25, with several bike night events planned that day in Mahoning County."

http://www.tribtoday.com/page/content.detail/id/523535.html
Motorcycle safety targeted

Bikes on the road, crashes on rise
By DARCIE LORENO Tribune Chronicle POSTED: June 18, 2009

WARREN - With motorcycle-related fatalities spiking statewide and locally, drivers can expect to see more officers watching them on the roads and to hear more about safety as they move into summer.
With the newly formed Motorcycle Safety Coalition, local law enforcement plans to target enforce in high-risk crash areas and provide education at biker events to help curb crashes, and more importantly, the fatalities in which they often result.
"It isn't about coming down hard," said Lt. Joseph Dragovich of the Southington post of the Ohio State Highway Patrol. "There is a reason. These are ugly. These are crashes where there are body parts left on the road."
According to the Ohio State Highway Patrol, in 2008, there were 213 motorcycle fatalities in Ohio, a number that's increased 35 percent over the last three years. Just in Trumbull County last year, seven were killed in motorcycle crashes. In Mahoning County, that number was two.
Lt. Michael Marucci of the Ravenna post of the OSHP said part of the increase can be attributed to the higher number of enthusiasts on the roads. From 2006 to 2008, there was a 16 percent increase in motorcycles registered in Ohio, he said. That's in part due to gas prices and the growing popularity of motorcycling, he said.
About 40 percent of crashes involved alcohol, Marucci said.
"A lot of other ones involve inexperienced drivers, with cornering and braking issues where they fail to negotiate curves," Marucci said.
The coalition - which covers seven counties including Trumbull and Mahoning - plans to use education at events attended by motorcycle enthusiasts and push the use of motorcycle driving courses that give drivers the skills to avoid crashes, he said.
"We'll also try to encourage people driving cars to share the road and make sure they're watching out for motorcyclists," Marucci said.
One plan of action is to target motorcyclists with enforcement blitzes in high-risk areas, Marucci said. Local law enforcement agencies will identify corridors with increased traffic during events like bike nights and bike runs with high-visibility enforcement.
They'll also focus on high-traffic days like Wednesdays and weekends, when more drivers are out and more events are taking place, he said.
Those activities will be funded through the Ohio Traffic Safety Office.
The first will be from 5 to 9 p.m. June 25, with several bike night events planned that day in Mahoning County.
"We're going to corridors motorcycles use to get to destinations," Marucci said.
In Trumbull County, Dragovich said high-risk areas include isolated routes, such as state Route 11.
"It's kind of isolated. People think they can run fast, and they sort of treat isolated roads as playgrounds," Dragovich said.
Other high-risk areas include intersections, where drivers of cars or trucks tend to look past motorcycles or judge distances improperly.
"We have crashes where motorcyclists are doing everything right, and a car pulls out in front of them or turns," he said. "Those can happen at any intersection."
For example, last June, Terrance Primis, 45, of Warren, was killed when he collided with a car at the intersection of Youngstown Road and Ridge Road S.E. The driver of the car, Iva M. Clapper, 91, of Niles, turned left onto Ridge Road in front of Primis, and he hit her, police said.
"Even if they're doing everything right, they're still vulnerable to someone driving a car or truck or whatever and not paying attention," Dragovich said.
While event locations might not necessarily be in the county, the traffic is, he said.
Dragovich was optimistic there only has been one fatality in Trumbull County so far this year.
That crash happened in Champion on June 6 when Lawrence D. Schlicher Jr., 45, of Warren, lost control of his motorcycle and crashed into two mailboxes on North Leavitt Road N.W. He and 33-year-old passenger Jamie Clapp were thrown from the bike. Schlicher died at the scene. Neither were wearing helmets, and high speed and alcohol are suspected factors, Dragovich said.
"The presence is an attempt to educate, to say, 'Hey, look, we're out here making sure you're practicing safe motorcycle driving and not drinking and driving,'" Dragovich said. "But enforcement is part of that. It's unpleasant but realistic."
dloreno@tribtoday.com
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Vermont -Helmet/law change

Bill: S. 67 (ACT 0039)
Title: AN ACT RELATING TO MOTOR VEHICLES
Sponsor(s): Senate Committee on Transportation
Request: 09-0661
Drafter: Slater

As Enacted Into Law: http://www.leg.state.vt.us/docs/2010/Acts/ACT039.pdf
NOTE: [ ]= text was removed.

§ 1256. MOTORCYCLES—HEADGEAR
[No] A person may not operate or ride upon a motorcycle upon a highway
unless he or she properly wears [upon his or her head] protective headgear
[reflectorized in part and] of a type [approved by the commissioner. The
headgear shall be equipped with either a neck or chin strap] that conforms to the
federal Motor Vehicle Safety Standards contained in 49 C.F.R. part 571.218
and any amendment or addition to the regulations that may be adopted by the
U.S. Secretary of Transportation
----------------

Wisconsin - Pipes

www.wbay.com/Global/story.asp?S=10584016
Green Bay
Warm Weather Could Test New Noise Ordinance
Updated: June 23, 2009 11:05 PM

by Sarah Thomsen

The warmer weather this week means a new Green Bay city ordinance could soon be put to the test as more people hop on their bikes. It is a sound of summer. Motorcycles cruising around the city.

Many are fine, but some are too loud and warrant a citation. Unless police are right there however, the bike or car with a loud muffler are long gone by the time police arrive to issue a ticket.

To combat the problem, the city council passed a new noise ordinance late last summer. It allows citizens to take down information, like make, model and license, and email it to police via their website.

It's enough for officers to at least figure out the driver or bike owner.
Lt. Brad Florence says, "we can't be everywhere. We need to have the people's assistance to track them down."

Just because another citizen writes up a complaint about your vehicle, it doesn't necessarily mean you'll automatically get a ticket.

"We would either go to the person's house, listen to the vehicle there or have them come here to the police department and take a reading."

Lt. Florence shows us the sound meter police use if someone brings their vehicle to the station after a complaint is filed.

"So, we're in the 71.6 range from about 15 feet away from the motorcycle, and that's what we'd generally test a person's motorcycle from."

Police also have mechanics check for modified mufflers and an EPA stamp. If there's a violation, they issue a ticket.

So far, only a handful of people have used the website, but police think it's just because few people know about it.

Mayor Jim Schmitt, who spearheaded this ordinance is glad to see it working, even if it is slow to start. "To people to know there is a cure, there is something can do about it. I think is really important and they really appreciate having that extra tool to keep our neighborhoods quiet and quality place to live."

To make a noise report on the police department's website click here. http://www.gbpolice.org/loudveh.shtml
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www.ama-cycle.org/news/story.asp?id=995

New stationary on-highway motorcycle sound test standard released by SAE

Posted June 18, 2009

The Society of Automotive Engineers (SAE) International has produced a simple, consistent and economical sound test standard that can be used to determine whether a streetbike (on-highway motorcycle) exhaust system emits excessive sound, the AMA reports.

The J2825 "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles," issued by the SAE in May, establishes instrumentation, test site, test conditions, procedures, measurements and sound level limits. According to the SAE, the J2825 standard is based on a comprehensive study of a wide variety of on-highway motorcycles.

"The motorcycling community and law enforcement have long sought a practical field test for measuring street motorcycle exhaust sound," said Ed Moreland, AMA vice president for government relations. "Thanks to the hard work of the Motorcycle Industry Council, and the SAE engineers involved in the project, for the first time a simple field test is now available.

"The AMA maintains that few factors contribute more to misunderstanding and prejudice against street riders than excessively noisy motorcycles," Moreland continued. "With the new SAE J2825 standard, street motorcyclists can now determine how quiet, or loud, their bikes really are."

Moreland added that the new standard follows a template established years ago with the SAE J1287 off-highway motorcycle sound test, a standard recommended by the AMA wherever off-highway motorcycles are operated.

The SAE J2825 on-highway motorcycle sound test procedure is similar to the one used for the SAE J1287 off-highway motorcycle test. The streetbike measurement requires holding a calibrated sound meter at a 45-degree angle 20 inches from the exhaust pipe of a running engine. The procedure spells out how to do the test with the bike at idle, at a predetermined engine speed ("Set RPM Test"), or by slowly increasing the engine speed of the bike, known as the "Swept RPM Test."

The SAE J2825 standard, prepared by the SAE Motorcycle Technical Steering Committee, recommends a decibel limit of 92 dBA at idle for all machines or -- using the Set RPM or Swept RPM Test -- 100 dBA for three- or four-cylinder machines, and 96 dBA for bikes with fewer than three or more than four cylinders.

The creation of a new street motorcycle sound measurement procedure was a top recommendation of the 2003 National Summit on Motorcycle Sound, expressed by its Motorcycle Sound Working Group. The AMA organized the National Summit on Motorcycle Sound to pull together riders and user organizations, representatives of the motorcycle manufacturers, the aftermarket industry, racing promoters, government agencies, and others to develop proposals regarding the increasingly controversial issue of excessive motorcycle sound.

"The J2825 test allows jurisdictions around the nation, struggling with complaints about excessive motorcycle sound, to set reasonable limits in accordance with the SAE standard," said Moreland. "While the AMA supports the establishment of the SAE J2825 standard in America's cities, towns and communities, we will continue to fight efforts that single out motorcycles while still permitting excessive sound from other sources, such as loud cars and trucks, booming car stereos, poorly maintained generators, whining leaf blowers, and the like."

The SAE J2825 standard can be downloaded on the SAE website for a fee at http://www.sae.org/technical/standards/J2825_200905 .

-----------------------
From a press release issued by MIC:

Three-Year Motorcycle Industry Council Effort Leads to New Roadside Sound Test

SAE Standard Benefits Riders Everywhere by Accurately Identifying Excessively Loud Exhausts

Irvine, Calif., June 24, 2009 - On-highway riders and their bikes don't have to be victims of questionable sound-level checks anymore, thanks to a new procedure developed by the Motorcycle Industry Council in partnership with SAE International, and adopted by the global association, known for establishing a wide range of motor vehicle standards.

Now, law-enforcement authorities have a simple, quick, economical and science-based tool for accurately identifying motorcycles with excessively loud exhaust systems. The SAE document J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles," meets the need for a practical, consistent roadside sound test.

Three years ago, the MIC initiated and began executing the $250,000 project, conducting field-testing, analyzing the data, and providing the initial draft standard. A representative sample of 25 motorcycles and more than 50 aftermarket exhaust systems were tested. Collaborating with the MIC throughout, the SAE Motorcycle Technical Steering Committee validated the scope of work and co-wrote the final standard.

"The winners are riders everywhere, who no longer need to be subjected to arbitrary local jurisdictions," said MIC President Tim Buche.

"The new SAE standard provides a much-needed alternative to outright bans, restrictions and sound test standards that vary state to state and city to city, frustrating riders, exhaust system manufacturers, and municipal governments alike," he said. "With J2825, we can now have uniform standards and testing that's easy to administer."

SAE J2825 is similar to J1287, the procedure widely used for off-highway motorcycles and all-terrain vehicles since the 1980s. The J2825 roadside test is conducted by holding a sound meter 20 inches behind the exhaust outlet, at the same height, and 45 degrees from the line of travel of the motorcycle.

The procedure includes two tests: an Idle Test and a Set RPM Test. The Idle Test is the easiest to administer and can be used to screen various mufflers. But the Set RPM Test is the most effective in identifying excessively loud exhaust systems. A non-constant, Swept RPM Test Method also is included as an alternative to the Set RPM Test, for motorcycles that will not hold constant rpm.

The SAE recommends that the following lowest numerical limits be adopted:

* 92 dBA at idle for all motorcycles

* 96 dBA for motorcycles with fewer than three cylinders or more than four cylinders at 2000 rpm (or 75 percent of maximum engine speed, whichever is less)

* 100 dBA for motorcycles with three or four cylinders at 5,000 rpm (or 75 percent of maximum engine speed, whichever is less)

And, 2 dBA should be added to these sound limits for motorcycle exhaust systems that are clearly labeled as meeting the EPA sound limits and have not been obviously modified or tampered with.

"Over-regulation in reaction to excessively loud exhaust systems is one of greatest threats to motorcycling," Buche said. "Thanks to the determined efforts of the MIC OE Technical Committee, the SAE Motorcycle Technical Steering Committee, the MIC American V-Twin Committee, MIC member aftermarket exhaust system companies, MIC consultant Tom Austin of Sierra Research, MIC Vice President Pamela Amette, MIC-member OE manufacturers and distributors, plus supplemental funding from non-members Harley-Davidson and the Motorcycle & Moped Industry Council of Canada, we finally have a stationary sound test procedure for on-highway motorcycles that works very well and should be adopted across the country."

The SAE J2825 standard can be downloaded on the SAE website for a list price of $61 at http://www.sae.org/technical/standards/J2825_200905.

The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as publishing companies, advertising agencies, insurance firms and consultants. The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. First called the MIC in 1970, the organization has been in operation since 1914.


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