‘An Act Relating to Noise Violations by Motor Vehicles, Including Motorcycles’
| HP0370 LD 477 |
First Regular Session - 125th Maine Legislature C "A", Filing Number H-144, Sponsored by
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LR 1125 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Relating to Noise Violations by Motor Vehicles, Including Motorcycles’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act provides a defense for mufflers or exhaust systems of motor vehicles and motorcycles to violations of excessive or unusual noise; and
Whereas, it is important to enact this law immediately as motorcycle traffic is at its peak during the spring and summer months and the effective date of this legislative session’s enacted laws will likely occur in late summer or early fall; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §1912, sub-§6, as amended by PL 2005, c. 314, §11, is repealed and the following enacted in its place:
(1) More than 96 decibels using the set RPM test or swept RPM test for an engine configuration other than a 3-cylinder or 4-cylinder engine configuration; or
(2) More than 100 decibels using the set RPM test or swept RPM test for a 3-cylinder or 4-cylinder engine configuration.
A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not exceed decibel levels as described in this paragraph. Measurements must be made by a participating certified inspection station.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
SUMMARY
This amendment strikes and replaces the bill, which requires motorcycles to be equipped with certain mufflers approved by the United States Environmental Protection Agency. Current law provides a defense for owners of motor vehicles charged with violations of excessive and unusual noise under the Maine Revised Statutes, Title 29-A, section 1912, subsections 1 and 3, except that the defense does not apply to motorcycles. This amendment makes technical changes to this provision of law and provides a defense for motorcycles. This amendment also adds an emergency preamble and emergency clause.