Police prepare for revised noise law to take effect

    PRESQUE ISLE, Maine — Owners of vehicles with loud exhausts — whether a motorcycle, truck or automobile — will be required to quiet their rides come July 12, when a revised law takes effect restricting noise to the equivalent produced by a factory-installed system.
Law enforcement officials from Aroostook County gathered at the Presque Isle Police Department June 28 for a press conference, agreeing the new law was necessary to address the growing number of noise complaints statewide.
“Officials downstate are giving two weeks of warnings, before tickets are issued. We’ll follow suit with other departments throughout the state,” said Sheriff Jim Madore, Aroostook County Sheriff’s Office.
Madore said while the majority of people are law-abiding citizens, there are always those in society who try to bend the laws to suit their interests.
“There are those who’ll put a legal (exhaust) system on for (the purpose of) inspection, then change (for a louder one) after. That’s a big noise violation,” said Madore.
Chief Butch Asselin, Houlton Police Department, said this is not a new law but rather a revised version of an existing law.
“Having an enhanced system that makes more noise was never legal. Maine lawmakers changed the wording of the law to make it more enforceable,” said Asselin.
“The revised law pertains to motor vehicles such as trucks, cars and motorcycles and will be enforced by police,” said Chief Naldo Gagnon, PIPD. “Snowmobiles and ATVs are under the Maine Warden Service jurisdiction.”
Determining what is and isn’t a violation of the noise law will up to an officer’s discretion.
“Exhaust systems can be no louder than similar vehicles. The changes make the law more enforceable,” said Madore.
“We won’t have a decibel meter,” said Gagnon, noting the burden of proof falls on the vehicle owner, should they disagree with an officer’s finding.
Gagnon said noise is among the top three motor vehicle complaints police receive.
“We get hammered with complaints, especially on hills, of loud exhausts when people step on it to make the hill,” he said. “Noise is among the top t\hree complaints, along with running red lights and speed.”
Asselin said prior to the change the law was difficult to enforce.
“It’s common sense, when you have to turn up the TV or radio when a vehicle goes by your home, that’s loud. Now we have a law we can enforce. People will realize they can’t do that (make excessive noise),” said Asselin.
Madore said although a stock Harley Davidson, because of its unique firing system, sounds good, oftentimes owners will enhance it.
“They make modifications to the Harley’s exhaust — crank it up,” said Madore. “Riders claim they need to be loud in order for other motorists to know they’re there, to avoid being hit. But motorcyclists riding other models seem to avoid collisions without enhancing their exhausts.”
Gagnon said he’s seen a lot of banter on the issue on the PIPD’s Facebook page, following the department’s posting about the revised law going into effect later this month.
“There’s a lot of talk going on — folks talking about the change and whether the like or dislike the law. You know a vehicle is too loud when an operator has to wear ear plugs,” said Gagnon, as he recalled seeing a motorcyclist recently wearing earplugs as he rode a motorcycle that was quite loud.
Asselin said not all after-market exhaust systems will be required to be removed, just those that exceed noise levels from similar vehicles.
“Having a modified system doesn’t mean it’s illegal, as long as the noise is reasonable. It’s up to an officer’s discretion,” he said.
Asselin said the law was revised at the request of citizens who expressed concern over increased noise levels.
“The change in the law came about as a result of citizen complaints to legislators. Police had nothing to do with the revision. Our job is to enforce the law as it was approved  in Augusta,” said Asselin. “It just makes the burden of proof easier for law enforcement officers.”
The law, entitled “An Act Relating to Road Noise,” specifies mufflers are required and “a person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise,” with language added stating “for purposes of this subsection, ‘excessive or unusual noise’ includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.”
The law also prohibits amplification.
“For the first two weeks, police will issue warnings. After that, it will be up to an officer’s discretion,” said Madore.
“If it becomes an annoyance, a summons will be issued,” added Asselin.
“The fine will be $137. Even if an operator is from out of state, the law still applies,” said Gagnon.
Asselin said the penalty remains the same but makes enforcement easier.
“Noise is particularly a problem on major thoroughfares — collector roads. If you’re home on a major thoroughfare, especially on the weekends, you see an increase in traffic. It’s difficult to sleep at times, due to the increase in noise. This law is more enforceable,” said Asselin. “We’re hoping for compliance.”
“This is a community problem — a statewide problem. We’ll be  joining other agencies statewide in enforcing this law,” said Asselin.