Jun 24, 2013

Does the noise law apply to motorcylicsts?

Why did the cops pull me over for a loud muffler when motorcyclists always rev their engines loudly around Sandusky? If there is a noise ordinance in Sandusky, why can motorcyclists drive loudly at night? Alissa on Fifth Street.

Chief John Orzech provided the following answer:

"The vehicles with muffler issues get pulled over because the exhaust isn't working or has excessive noise because of a faulty motor," he said. "Motorcycles generally don't have faulty exhausts so there wouldn't be a violation under this law."

He also provided a section from the Ohio Revised Code provided to this issue:

337.20  MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE

(a)     Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass or similar device upon a motor vehicle on a highway.  Every motorcycle muffler shall be equipped with baffle plates

(b)     No person shall own, operate or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.

(c)     Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4513.22)

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Comments

Nemesis

You should be able to find a reference on the AMA website. As for your moped remark, in putting in 4 times the national average number of miles per year, I laugh I ride past loud pipes types kind cowering under an overpass on the freeway because of a little rain.

ZOMBIEJON

You all sound like a bunch of old farts.......is it's to loud your to old.

TboneWalkerJr

What an IDIOTIC RESPONSE from the so-called chief. Motorcycles are allowed to be excessively loud because he thinks their exhaust is working.

CAN YOU READ CHIEF?
Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, "

the chief's interpretation is IDIOTIC. To say that excessive noise is ONLY ILLEGAL IF THE EXHAUST IS BROKEN is a MORONIC interpretation and WRONG.

In order for a muffler to BE IN GOOD WOAKING ORDER it MUST PREVENT EXCESSIVE NOISE.

A BRAND NEW MUFFLER DESIGNED TO CAUSE EXCESSIVE NOISE IS STILL ILLEGAL "CHIEF"

The HARLEY SCUM who enjoy harassing decent people BUY MUFFLERS ADVERTISED TO MAXIMIZE NOISE. When the WINDOWS ON THE HOUSE RATTLE from the EXCESSIVE NOISE from a WORKING MUFFLER designed to do that it is ILLEGAL EXCESSIVE NOISE'

Lemme guess, the CHIEF is one of those HARLEY SCUM with loud mufflers?

Nemesis

It's pretty simple - it's a question of the burden of proof. You can equip officers with sound meters and get them trained and certified in measuring sound levels, then retrained and recertified every year, and then have their credentials questioned in court in a battle of expert witnesses, OR you can go for the open and shut case that the exhaust does not conform to the well documented factory spec.

It's a numbers game. What's it going to cost, how many officers will it take, and how many convictions/fines will you get for that investment? It's the same reason we have DUI checkpoint dragnets - you can snare a few people at 0.08, collect fines, and achieve a mild general deterrent for the borderline people, and it costs a lot less than achieving a high patrol density and spotting actual drivers at risk with 0.25 or more.

rezzy

This is gonna hurt, so don't read this if you're weak minded (I suspect you are). First, you have to throttle down (pun intended) on the CAPS LOCK KEY, we get it, you mean business. Harley Scum? Really? My guess is that you could not come close to affording the $26,000 Harley I ride nor the $500,000 house I own in a nice community in Perkins Township, but that's another matter altogether. I digress. Fact is, most of you pathetic, miserable, low self-esteem, insulting haters don't own a bike nor have you ever owned one. To illustrate my original point about loud pipes saving lives, you have repeatedly griped about the windows shaking, from 5 miles away (lol) and if that sort of noise wouldn't get a driver's attention, then I don't know what would. Lastly, you should appreciate my and your rights to have such options of owning a piece of American history and having the freedoms to do so. Our freedoms have steadily been lessened since 2008 and we may have a day where that's not possible. Put the computer down and go drink some alcohol and loosen your knickers old chap, it'll be okay.

Nemesis

rezzy, get over yourself - this isn't about hating bikers. It's about CERTAIN bikers who feel the need to inspire ill will, probably because their mommies and daddies didn't pay enough attention to them when they were young.

I remember once going past the ABATE booth at the Motorcycle Show, and having a bunch of Willie Nelson wannabe scumbags saying I'd wish I should thank them for fighting so I wouldn't be banned from restaurants, etc. I replied that I'd never had any problems because I rode. They then said "Well, yeah, people probably respect YOU, looking all clean cut like that," to which I responded, "Well, then, maybe it's NOT the about the BIKE, but about YOU."

Studies have shown that loud pipes don't enhance safety, but being VISUALLY loud does. Drivers maintain a greater separation distance from riders wearing high visibility gear. Modern car cabins and sound systems are more than capable of rendering drivers unaware of the loudest pipes until they are too close to take evasive action. The lowest rates of accidents per mile ridden are for types of bikes that don't sport loud pipes.

For some of us, a bike is a vehicle, not a piece of rolling costume jewelry intended to compensate for perceived personal inadequacies. Why would you boast about paying $26K for the best technology the 1950's had to offer? Louyd pipes won't save you, and chrome won't get you home.

Free Man

$26,000 harley, $ 500,000 house in perkins ? hahhahhahah

sorryhog

IF YOU WANT TO MAKE AN ISSUE OF IT,WHY DON'T THEY GO AFTER THE RAILROADS AND HELICOPTERS THAT CONTINUELY MAKE EXCESSIVE NOISE?
I CAN'T EVEN HEAR MY TV!!

Factitious

Practically every category that contributes materially to noise pollution has had to do something about it. Truck tires were even modified to make them quieter and certain types are now illegal.

Certain types of motorcycles are in a class by themselves - really, really loud, ON PURPOSE.

Kimo

Re: "TboneWalkerJr
Tue, 06/25/2013 - 5:44am
I'd love to thrown down a gallon of motor oil in front of some harley scumbag compensating for his tiny manhood with loud pipes".

I would hope that your comment is a "troll" comment and not your true feelings.
If that is your solution then you are dooshion with the wrong solution.
.

Brainiac2007

The same reason we have to wear seatbelts in cars but yet motorcyclists don't have to wear helmets, if I ever get pulled over for a seatbelt violation it will go to court, its discrimination. Its ok for motorcyclists to choose a possible life sentence by not wearing a helmet with NO protection around them.....Makes no sense!

Nemesis

The seatbelt law has withstood challenges because the state claimed, by naked assertion with NO supporting evidence, that being seatbelted could help a driver maintain control of a vehicle that didn't bleed all its velocity in the first impact. That's a ludicrous proposition especially in the day of the airbag (try maintaining control after a bomb goes off in your face) and pretty much negates any rationale for the law enforcement exception to the seatbelt law, but apparently, the challengers weren't prepared to counter that.

Nemesis

The seatbelt law has withstood challenges because the state claimed, by naked assertion with NO supporting evidence, that being seatbelted could help a driver maintain control of a vehicle that didn't bleed all its velocity in the first impact. That's a ludicrous proposition especially in the day of the airbag (try maintaining control after a bomb goes off in your face) and pretty much negates any rationale for the law enforcement exception to the seatbelt law, but apparently, the challengers weren't prepared to counter that.

rezzy

Chief Orzech's response was completely appropriate and I applaud him for answering a question that would inflame the only five or six people in Sandusky that have a problem with his answer. While all of you are asserting that bikers are scum, you fail to realize that 99% of bikers are vets, law enforcement and every day patriots who fully support the police departments and respect the law. Grow up people and understand that your hatred is yours and shared only by a tiny fraction of the people. Most bikers have done countless activities to raise funds for fallen officers, children, cancer organizations, etc... Have you?

Pastor Ron

500K neighborhood in Perkins? Maybe in 2008 you paid that for your place but it is not worth anything near that now. By the way, why not let all the bikers know where this neighborhood is so that they can cruise around it. Some people that I know in the Chesapeake see the same bikes racing down the pier up to 10 times in an evening. Have you ever sat down at the Jackson St. Pier and watched the 5 or 6 pathetic guys ride up and down the pier revving their bikes up for attention. Oh and you can't forget the sad old man revving up his black Mustang. I doubt it because if you did you would feel pretty foolish suggesting that all people who ride bikes are great. As far as your 26k bike...... try trading it in. I bet they wouldn't offer more than 10K.

Free Man

ha ha

Nemesis

And Rezzy says:

Funny how Rezzy got so quiet all of a sudden.

Blues

Harleys aren't that loud off the shelf. They pull the baffles out to make them that way. One can do it to a Honda or a Yamaha if they so desire.

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