Excessive Motorcycle Sound Management
Position Paper

1.) Introduction, Commentary, and Issue of Concern

2.) Federal and Colorado Laws

Introduction and Issue of Concern:

ABATE of Colorado exists to preserve Freedom of the Road, to unite motorcyclists, to promote fair legislation, safety, and rider education and to provide a network for communication on issues affecting motorcyclists.

Unwritten, but inclusive in the above mission statement is the preservation of the great American freedom of movement that also encompasses the freedom of choices available to the on-highway motorcyclist, i.e. – the individual choices and rights about where to go, when and why, and the how and way to go about it – within the limits of personal responsibility and fair laws.

The popularity of motorcycling in the U.S. and Colorado has reached unprecedented levels in recent years, and attendant with that growth are increased levels of concern in many areas, not the least of which is motorcycle exhaust sound emissions. While some motorcyclists may believe that excessive exhaust sound is less of a concern to them personally than other issues facing the rider, the public at-large views it as a major concern and disruption to the entitlement of a measure of peace and quietness, and is therefore unacceptable, particularly in urban areas and suburban neighborhoods. Thusly, the general public has become increasingly vocal in support of noise mitigation and is influencing officials at the federal, state, and local levels for more proactive legislation, regulation, and enforcement.
In Colorado over the last few years, high-profile enforcement and citation issuance has taken place in Colorado Springs, Denver, and Golden as well as in other municipalities in response to exhaust sound, and in each instance there has been much controversy. In the matter of Colorado Springs, “extreme offenders – those who choose not to consider their actions and the effect of those actions on others – cause increased enforcement activity.” In 2004, a Mayor’s Task Force was comprised to address concerns by stakeholders and deliver riding conduct recommendations that could minimize citation issuance. The result of this collaboration is the “Ride Friendly Program.”

Noise pollution is created from many mobile sources, to include cars and light trucks, heavy trucks, jet airliners, and locomotives as well as motorcycles. Added to this are the stationary sources of industry and manufacturing, and the result is our society being bombarded with noise everyday. Be that as it may, and in comparison to all, it needs to be understood that motorcycles represent only one segment of the volume of road users but are an outstanding mobile source of sound emission, particularly where the engine’s factory exhaust system has been replaced by other than O.E. or stock, or is altered or modified, and where the rider draws attention to himself/herself by “throttling up” the machine, creating unnecessary noise, and doing it in urban and neighborhood areas. It is understood that many motorcycle owners seek engine performance enhancements, and changing mufflers or exhaust systems are a part of this process. Motorcyclists claim a right to make changes and modifications for various reasons but that claim extends only as far as the line that infringes on the rights or the bringing on of harm to others, and then stops there. Performance gains via modification can be achieved, and other times not, but many if not most of the exhaust system changes result in decibel (dB) increases. Those increases are further magnified according to the amount of throttle applied, and the public hears it... sometimes with ear-splitting intensity. There is no “right” for a person and his machine to create as much noise he likes. And it is not the exhaust system’s fault either; there are some riders who erroneously “blame the pipes.” What one person thinks is “engine music” may be considered “fingernails on the chalkboard” by another. At the same time, a rider can have performance exhaust and be considerate too – it takes recognition of where you are, how to operate, and why you should. Bike owners should have an awareness of the extent of the sound emitted from their machines. If one considers an alternative exhaust, proper research should be utilized to acquire a product that provides true performance gains and sound damping to achieve a balanced result, instead of just wholesale changes. Aftermarket manufacturers are making gains in their product lines to address the balance.

Excessive motorcycle sound has been characterized as the single greatest threat to the future of motorcycling in the U.S. It is also considered to be more of an individual behavioral problem than any other particular aspect of the sound issue, and it’s one that can and should be managed by the rider. The debate has become divisive and exists now among motorcyclists themselves – there are those riders who take the issue seriously, conduct themselves accordingly, and resent those of a limited vision who won’t hear of it. This creates a polarization not just among motorcyclists but also between a public that demands respect for their own lifestyle as well. When motorcycles can be banned from access to certain roads and areas, when their use is denied in certain areas and venues, and when other criteria stand to have to be met before motorcycles can be ridden, then freedom of movement is lost. It is clear that motorcyclists themselves must exercise more pro-activity and self-control - if not, it will be done for us.

Recognizing that excessive motorcycle sound emissions must be addressed and managed, a consortium of people representing the spectrum of motorcycling interests, industry, government, law enforcement, and other stakeholders attended the Summit on Motorcycle Sound in May of 2003. The creation of the Motorcycle Sound Working Group ensued. The product and result of these efforts is the comprehensive Sound Advice document.

ABATE of Colorado supports and endorses the assessments and recommendations of the Motorcycle Sound Working Group. While we have provided some initial commentary here, it is but a lead-in and much more in-depth information is available to you. We ask you to link to the American Motorcyclist Association website (posted below) to examine the Sound Advice document and position paper/statements.
http://www.amadirectlink.com/legisltn/positions/noise.asp

http://www.ama-cycle.org/legisltn/soundbook.pdf

Federal and Colorado Laws

In part 2 of this document, we’ll overview laws that govern exhaust sound emissions; in particular we’ll review the state statutes in Colorado as well as provide opinion from a Colorado attorney. The reader might find this information useful if he/she is considering exhaust system changes or modifications, or possibly if a citation has been issued for an exhaust system or noise violation.

Disclaimer: The following information is provided for use as a guideline only. It represents opinions, and should not be interpreted as formal nor legal advice or authority.

When we look at the laws, we need to understand that there is authority to limit sound emission at all levels of government – federal, state, and local.
At the federal level, the U.S. Environmental Protection Agency (EPA) has authority to regulate motorcycle exhaust sound (Noise Control Act of 1972) as well as to adopt the procedure by which the sound emitted shall be measured. The federal laws are what vehicle (motorcycle) manufacturers must adhere to and certify as compliant when a new factory machine is put for sale to the public. The standard for the vast majority is 80dB and is labeled as such on the factory system. Motorcycle owners and riders should understand that if they change the exhaust system and it causes the exhaust sound levels to increase above the 80 dB standard, this is a violation of federal law. The law has been “on the books” for years; exhaust changes have been common practice for years – most likely illegal, and you have been getting away with it.

On the state and local levels: generally, local sound ordinances cannot be more stringent than standards set in state statute. There are three laws in the Colorado Revised Statutes that govern vehicle (motorcycle) exhaust sound:
C.R.S. 42-4-225. Mufflers – prevention of noise.
C.R.S. 25-12-106. Noise restrictions – sale of new vehicles.
C.R.S. 25-12-107. Powers of local authorities.

All of these can be found and reviewed by using a computer and the internet; type in “Colorado Revised Statutes” in a search engine, and we recommend that you read them yourself. The first statute can be found under Title 42, Vehicles and Traffic/Regulation of Vehicles and Traffic/Article 4 Regulation of Vehicles/Part 2 Equipment;
the other two can be found under Title 25, Health/Environmental Control/Article 12 Noise Abatement

The majority of citations issued for exhaust noise are issued under color of C.R.S. 42-4-225 (as follows, in part):
(1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section
(2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion and effective in reducing noise.
(3) Any person who violates subsection (1) of this section commits a class B traffic infraction.

The following commentary and opinion views all three statutes in the context of how they might or should harmonize with each other. The statutes under Title 25 also enumerate an exhaust sound standard in dB.

“I… have been following the noise issue since the Summer of 2004. The focus of the controversy seems to center around C.R.S. 42-4-225, mufflers – prevention of noise, while ignoring C.R.S. 25-12-106 Noise restrictions – sale of new vehicles, and C.R.S. 25-12-107, Powers of local authorities. But the muffler statute is not controlling based on my analysis.

C.R.S. 42-4-225 governs the use and/or modifications of mufflers. Looking at this statute alone, it would appear that any modification to an exhaust system is illegal if it “will amplify or increase the noise emitted by the motor vehicle above that emitted by the muffler originally installed on the vehicle…” However, in my opinion, this is not the case.

There are certain presumptions that exist in law and control the way courts review statutory schemes. First, it is presumed that the legislature is aware of all laws it has enacted. Second, where two statutes seem to contradict each other, the courts will try and harmonize those statutes in order to give full effect to legislative intent. So what does this mean for a Colorado motorcyclist? CRS 42-24-225 must be read and harmonized with CRS 25-12-106 and 25-12-107.

CRS 25-12-106 governs “noise” emissions of the sale of new vehicles, including motorcycles. This statute provides in part that:
(1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle… which produces a maximum noise exceeding the following noise limit, at a distance of fifty feet from the center of the lane of travel or fifty feet or more from a vehicle designed for off-highway use, under test procedures established by the Department of Revenue:

(b) Any motorcycle, including a motor-driven cycle, manufactured
on or after January 1, 1973: 86 dB (A)

This statute implements the EPA’s noise requirements and is controlling on the dealers and manufactures. Any modifications made to an exhaust prior to delivery must comply with this statute, which I believe to mean the bike meets both federal and Colorado noise standards.

For example, when I purchased my ’05 Heritage Softail Classic I had the dealer install the Phase 1 performance kit prior to delivery. This kit changed my mufflers, making my bike louder. However, as long as my bike meets the 86 dB (A) standard then it is legal for the dealer to sell it to me under CRS 25-12-106. It logically flows that if the dealer sold me a conforming bike, then I must be riding a conforming bike under the CRS 25-12-107.

CRS 25-12-107 sets the noise levels for all motor vehicles, new or used, operated in Colorado. This statute empowers counties or municipalities to:
(1) …adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions which produce noise in excess of the sound levels in decibels, measured on the “A” scale on a standard sound level meter having characteristics established by the American National Standards Institute, Publication S1.4 – 1971, and measured at a distance of fifty feet from the center of lane travel,… within the speed limits specified in this section:
(a)Any motor vehicle with a manufacturer’s Speed limit of | Speed limit
gross vehicle weight rating of six thousand 35 mph or less| of more
pounds or more, any combination of vehicles | than 35 mph
towed by such motor vehicle, and any | but less motorcycle other than a motor-driven cycle: | than 55

(I)Before January 1, 1973 88 dB (A) | 90 dB (A)
(II)On and after January 1, 1973 86 dB (A) | 90 dB (A)

(2) The governing board shall adopt resolutions establishing any test procedures deemed necessary.
(3) This section applies to the total noise from a vehicle or combination of vehicles

Any local noise ordinance may adopt the above standards, but cannot set a noise level below these standards without running afoul of Colorado State law.
As another example, I purchased a ’05 1200cc Sportster and took delivery with the stock exhaust system on the bike. About a week later I had the dealer install the Phase 1 performance kit on this bike. In my opinion I was legal under this statute provided the alteration did not exceed the above noise levels.

The final twist to local ordinances concerns constitutional protections. The United States Constitution’s commerce clause “includes movement or persons through more states than one, even though transportation is not commercial in character.” Thus, in my opinion, if a bike is legal in another state it must be legal in Colorado to avoid violating an individual’s constitutional right to travel freely between states without running afoul of the law.

For example, California has more stringent air pollution standards than the rest of the country and vehicles sold and registered in California must meet its requirements. However, it is not illegal to drive a vehicle registered in another state into California even though it does not meet California’s pollution standards. The same should hold true for any vehicle passing through Colorado.

The bottom line, in my opinion, is that if a bike’s muffler system meets the requirements of CRS 25-12-106 and/or CRS 25-12-107 then the exhaust is legal even if it has been modified because it complies with these statutes. In my opinion the only way that a county or municipality can enforce its own noise ordinance is to measure the decibel level being emitted from a motorcycle while at the same time measuring the speed of the bike.

The best advice I can give to anyone stopped for an alleged violation of CRS 42-4-225, or its municipal equivalent, is don’t make any admissions about any modifications to the exhaust, even if the officer threatens you with other charges like obstruction. You have a right to remain silent…use it. Don’t mouth off to the officer… accept the ticket and go from there.”