Massachusetts Bill to Ban the Use/Sale of Aftermarket Exhaust Systems
URGENT LEGISLATIVE ALERT (Hearing Information)
Massachusetts Bill to Ban the Use/Sale of Aftermarket Exhaust Systems to be Considered by Joint Transportation Committee
A bill (H.B. 3332) to ban the “use and sale of any exhaust pipe that increases the sound emission of any vehicle including motorcycles” will be considered by the Massachusetts Joint Transportation Committee on Tuesday, October 6th. Legislation (H.B. 4027) to require the incorporation of noise level testing into the vehicle inspection process will also be considered. H.B. 4027 does not define a noise level limit, but allows it to be determined by the registry.
We Urge You to Contact the Members of the Joint Transportation Committee (List Below) Immediately to Request Their Opposition to H.B. 3332 and H.B. 4027
For those interested in attending the hearing to voice opposition, the committee will meet on Tues., Oct. 6 at the following address and time:
State House, Room B-1
Boston, Massachusetts
· H.B. 3332 ignores the fact that aftermarket exhaust systems are designed to make vehicles run more efficiently without increasing emissions.
· H.B. 3332 does not supply law enforcement with a clear standard to enforce, allowing them to make subjective judgments on whether or not a modified exhaust system is in violation.
· H.B. 3332 fails to recognize that aftermarket exhaust systems offer increased performance, which can make a vehicle safer by improving its ability to merge, pass, travel uphill, etc.
· H.B. 3332 would make it difficult for hobbyists to replace factory exhaust systems with more durable, better performing options.
DON’T DELAY! Please contact members of the Massachusetts Joint Transportation Committee immediately by phone or e-mail to request their opposition to H.B. 3332. Please e-mail a copy of your letter to Steve McDonald at stevem@sema.org. Thank you for your assistance.
Thats just wrong on so many levels. Can we get a more clear view of your avatar ROD RUN...... jk Car looks good from what I can see..
__________________
04 Torrid Red/red A4, Kooks Signature series with Corsa Sport. Pedders springs front and rear, raduis rod bushings and Hoitchkis swsay bars all waiting to be installed. And maybe a CAI on it's way.
They can put db limits on fine but tell a man he can't do a aftermarket exhaust, that's hell.
This bill has been trying to be passed for like the last 10yrs but thank god we have SEMA who fights for us and always. They know how aftermarket exhaust systems produce few emissions etc...I used to work for a tradeshow co and they always sent me to Vegas and work the show!
__________________
04 torrid red SAP grilles WS6 R/A hood Hid halo fog/head lights Led tail l 05 bumper sunroof sirius/rockford amp/subs viper alarm/remote S ARE stainless headers hi flow cats magnaflow crossover. K/N cold air.dyno tuned
2k monte carlo LS razzi ground effects checkered flags miglia rims stainless flows sirius sunroof viper alarm/remote rockford amp/subs HIDs/LEDs lights
Here is the lastest word...Will update when I hear more....
Rod Run "Hey Morty, if you notice the date, this has already come and gone, but the good news is that I think SEMA SAN might have already defeated this"
I contacted John :
John: You send this on the 6th the day it goes to the house....Not much I could have done as far as getting the word out...
any word on how this played out.???
Morty
His reply:
Morty, I do understand!!!!! I got it from SEMA just about 2 hours before I got the word out. Myself and a SEMA Rep. where there and I think that we did what we needed to do. I am following up with the State House this week, I'll keep you posted! John
· H.B. 3332 fails to recognize that aftermarket exhaust systems offer increased performance, which can make a vehicle safer by improving its ability to merge, pass, travel uphill, etc.
I wouldn't try and use this as one of your arguments. If anything you should downplay/ignore the performance aspects of it.
The Joint Transportation Committee held a Public Hearing on October 6 on bills that include allowing the Registry of Motor Vehicles to set maximum noise levels that motor vehicles can emit and making a noise test part of the annual car inspection through Section 7A of Chapter 90 (H 4027) and another series of Muffler Bills (HB 3332, HB 3246 & SB 1893) attempting through Section 7 of Chapter 90 to include Motor Vehicles along with motorcycles to be tested to 82dB using SAE J192, providing fines for noise violations, and establishing a special commission to study the problems with excessive noise. Additionally, sound amplification systems noise violations (HB 3250) and alarm systems (HB 3251) would be covered in a new Section 17C of Chapter 90.
HD4088 H4027 Madden An Act relative to noise levels in motor vehicles.
“Section 7A of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “belts”, in line 29, the following words:- noise levels to be determined by the registry.” [4027]
Section 7A of Chapter 90:
In addition to the emissions testing requirements, the rules and regulations for the periodic staggered inspection established hereunder shall include, but not be limited to, an annual maintenance inspection to determine the proper and safe condition of the following: brakes, stop lamps, lights, directional signals, horn, {H-3251 - alarm systems}, vehicle identification number, steering and suspension systems, glazing, windshield wipers and cleaner, number plates, tires, fenders, bumpers, external sheet metal, reflectors, splash guards, chock blocks, safety belts and exhaust system [H4027 - noise levels to be determined by the registry]. The registrar may waive, by written document, certain inspection requirements if any such waiver furthers the public interest or is based on technological development and does not compromise the public safety; provided, however, that for motor vehicles one model year old or less, the registrar may require that the initial inspection mandated by this paragraph be performed at the end of the first full year of registration.
HD734 HB3332 Speliotis: An Act further regulating motorcycle sound levels
HD755 HB3246 Jones: An Act relative to motorcycle noise reduction.
SD211 SB1893 Brewer: An Act relative to the clarification for the definition, testing regulations, and enforcement of motorcycle sound emissions.
HB 3332 presented by Rep. Theodore Speliotis (13th Essex)
HB 3246 presented by Rep. Bradley Jones (20th Middlesex) and Messer’s Tisei (Middlesex & Essex) & Tom Manning (Lynnfield):
SECTION 1. Section 7 of chapter 90 of the General Laws striking out the sentence contained in lines 51 to 57, inclusive, and inserting in place thereof, the following:
Every motor vehicle so operated shall be provided with a muffler or other suitable device to prevent unnecessary noise; provided, however, that every motorcycle so operated shall be provided with a muffler or other suitable device that produces a sound pressure level of not more than eighty-two decibels or such lower amount of decibels as the Registrar may prescribe. Sound pressure levels in decibels shall be measured on the "A'' scale of a sound level meter approved by the Registrar. Measurements shall be made of overall vehicle noise at maximum speed at fifty feet in accordance with test procedure SAE J192 of the Society of Automotive Engineers, or with such other test procedure for measurement of sound pressure levels as the registrar may adopt. Every motor vehicle shall be provided with a suitable bell, horn or other means of signaling, with suitable lamps, and with a lock, key or other device to prevent such vehicle from being set in motion by unauthorized persons, or otherwise contrary to the will of the owner or person in charge thereof.
SECTION 2. Section 7U of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:
Any person cited for a noise violation under this section shall be subject to a fine, in an amount to be determined by the registrar. Any person cited for a second or subsequent violation within a one-year period shall be prohibited from operating the motorcycle used when committing such violation until such time as the motorcycle has passed an inspection and is deemed to comply with acceptable sound level standards, as determined by the registrar.
SECTION 3. There is hereby established a special commission to study the problems associated with excessive noise caused by motorcycles. Said commission shall consist of the Registrar of Motor Vehicles or his designee, who shall serve as chair; two members of the Senate, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Senate Minority Leader; and two members of the House of Representatives, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the House Minority Leader; two representatives of the Massachusetts Motorcycle Association; and a representative from a Massachusetts based motorcycle dealership. In conducting its study, the commission shall consider, but not be limited to, making a determination as to the best methods for educating motorcycle riders about the public nuisance created by excessive sound levels and how to best address this problem. Said commission shall report its findings and recommendations for corrective legislation to the House and Senate committees on Ways and Means and to the Joint Committee on Public Safety and Homeland Security no later than September 1, 2010.
SB 1893 presented by Mr. Brewer and co-sponsored by 9 Reps. and five other citizens
In SECTION 16 of Chapter 90 amending (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. By appending the new sentence/clause: [In determining if a motorcycle is in compliance, the definitions, testing regulations, and maximum sound levels as defined in Chapter 90, Sections 7T, and 7U, will be applied.]
HD324 H3250 Kane An Act relative to the regulation of excessive noise from a Sound Amplification System while operating a Motor Vehicle
HD324 H3250 Kane An Act relative to Motor Vehicle Inspections
HB 3250 & H251 presented by Rep. Michael Kane (5th Hampden)
HB 3250 New Section 17C of Chapter 90: No driver of any motor vehicle shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from 50 feet or more when the vehicle is being operated upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, unless such system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles. An operator of a motor vehicle who violates the provisions of this section shall be punished by a fine of not less than $100.
HB 3251 SECTION 7A of Chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “horn” in line 26 the following:— alarm systems. {3251}
Also on the Transportation Committee Public Hearing Agenda held on June 30 were the two Street Rod & Custom Vehicle Registration Bills:
HD3932 H3199 Dempsey An Act relative to the registration an inspection of street rods and custom vehicles
HD2569 H3201 Dykema An Act relative to the registration an inspection of street rods and custom vehicles
HB 3199 & H3201 presented by Rep. Brian Dempsey (3rd Essex) and Rep. Carolyn Dykema (8th Middlesex) are similar bills.
The predecessor Street Rod Registration Bill passed by the Legislature at the end of the 185th General Court Session in January was pocket vetoed by Governor Patrick. The Governor was acting on recommendation of the Mass Dept. of Environmental Protection to veto. The period following the close of one General Court Session and the beginning of the next General Court Session provides no recourse for the Legislature to override the Governor’s veto, so the original two bills were resubmitted for the 186th General Court Session. They both contain the same wording that was a stumbling block for passage of the compromised version, namely the addition of a section allowing blue dot tail lights and a one-time fee for registration of this class, both of which were removed in the bill that was passed in January. Rep. Dykema has taken the initiative by scheduling separate meetings with Mass DEP officials and their principal technical advisor who is taking an unreasonable and unacceptable position for a new compromised version. On the supporters side of the bill, there seems to be a lack of focused leadership from the kit car builders that would benefit most from this bill’s passage. There is also the lack of interest with S.E.M.A. in utilizing M.A.A.C.’s lobbyist, once again as in the past, to work out the details of an acceptable bill and moving it along the process. Street Rod and Custom Cars owners do not currently see any benefit in having a unique registration plate class if this drives MassDEP to come after all 25 and older vehicles with their green environmental emissions banner flying.