Thursday, June 16, 2011

Maine SAE J2825 -Maine Noise Law, Due Process, No Probable Cause Prior to Arrest. Fuck the AMA

OFF THE WIRE
Currently Delaware does no testing of sound on motorcycles but recently I have been told by our DMV that the feds are trying to make our state government adhere to the federal level which is somewhere in the 80s. If this is factual and comes to fruition then even the AMA, who I think it blowing smoke, won't even have a leg to stand on.

Hildy
And to those of you who did nothing, you are welcome to enjoy the freedoms others have provided you!
Maine SAE J2825
 
Motorcycle Exhaust Decibel Testing
Maine has adopted a simple yet reliable testing procedure that allows motorcyclists to prove their bikes don't violate Maine's motor vehicle sound law, the American Motorcyclist Association (AMA) reports.
Under a new law that went into effect on May 26, motorcyclists ticketed for excessive sound emitting from their motorcycle exhausts can go to a certified inspection station for sound testing.
There, the exhaust system would be tested using the Society of Automotive Engineers (SAE) J2825 stationary sound testing procedure - "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles" - which the SAE developed and adopted with support from the Motorcycle Industry Council in May 2009.
Under the SAE J2825 standard, which the AMA has endorsed, decibel limits range from 92 dBA at idle for all mot orcycles, to 100 dBA at certain RPMs for various motorcycles, depending on the type of engine. If a motorcycle meets these limits during the certified testing, then it is evidence that the motorcycle doesn't violate the state's sound law.
Imre Szauter (AMA Government Affairs Manager) says: "This new law is good news for responsible motorcyclists who ride in Maine because it provides an objective way to prove that a motorcycle doesn't violate the state's sound law, rather than relying on subjective judgments. We applaud the state of Maine -- the first in the nation -- for adopting the SAE J2825 standard."
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. The SAE J2825 standard is at the heart of model legislation developed by the AMA for use by jurisdictions seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all so urces.
For information on the AMA's model legislation, click here.
To see the AMA's position on excessive motorcycle sound, click here.
Kit Maira
Editor V-Twin News
Associate Editor
Easyriders, V-Twin, Biker
Paisano Publications, LLC
28210 Dorothy Drive
Agoura Hills, CA 91301
KMaira@easyriders.net

Fucking Bullshit if you ask me. So how many of these "certified testing stations" will there be. Suppose you live 150 fucking miles from the closest one? So old hardass with a boner for bikers pulls over everyone and tickets them for loud pipes, knowing what a hassle it will be for them to get off the hook even if they are "legal". Just a door being opened wide for harrassment. I know fuckers who would grin from ear to ear to hear they have this opportunity. I guess I am not entirely opposed to testing, but it should be done on site at at minimal disturbance to ones freedom of travel and conducted by a certified individual with certified equipment. IMO
Thorsblood

Won't, and can't, be no more than 4 places, if they can even afford the program.
http://www.dmv.de.gov/home/contact_info/index.shtml
Delaware is 100 x 74 miles and ain't but a short ride to any of them.
I think we were that last ones in 2010 to get tested before they quit doing it.
Hell the microphony thing kept trying to fall over, and the gal doing it didn't really seem to know what she was doing as she'd look at the machine then try to see the tach as I was running it up to 2500 when she was looking, when she turned away I let it drop back to about 1800, plus they do it inside of a huge building that's acoustically perfect for amplifying racket.
Shit, they shoulda used that thing to measure all the noise that was going on while we were there.
She and I had to keep yelling to each other.
It will be a cluster fuck no matter what state you're in anyway.
Holler at your friendly Rep and tell him you're gonna send him the reciept for your fuel if you have to ride to a testing station.
If the old codger with the boner for bikers pulls you over for loud pipes and he doesn't have a kit and instructions to test roadside, you'll smoke him in court.

southeastbiker
Maine Noise Legislation.

    And so what is the standard for due process? Specifically where is the supposed probable cause preliminary to the arrest/ticket? The cops are not required to test for noise prior to writing the ticket? And no human being can distinguish noise levels to the decibel. This is a prescription for arbitrary enforcement.

"It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis with the attendant dangers of arbitrary and discriminatory application." Grayned v. City of Rockford, 408 U.S. 104, 108 (1971).

    The noise nannies, and in particular the AMA, the main pushers of anti-biker noise legislation, apparently have no problem with the arbitrary application of the law, based solely on the traffic cop's speculation as to the noise of the bike while on the street with no access to the equipment or requirement that he have a reliable test to measure the noise at the roadside prior to the arrest/ticket.

    Here's the AMA looking out for your rights. BS. AMA is your enemy on noise.
        Ray

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