Bill As Introduced H.645

1 BILL AS INTRODUCED H.645 2 2008 Page 1 3 4 1 H.645

2 Introduced by Representatives Sharpe of Bristol, Fisher of Lincoln, Fitzgerald

3 of St. Albans City and Zenie of Colchester

4 Referred to Committee on

5 Date:

6 Subject: Motor vehicles; motorcycles; all-terrain vehicles; mufflers; noise

7 reduction systems

8 Statement of purpose: This bill proposes to establish noise reduction

9 requirements for motorcycles and to prohibit the bypassing, modifying, or

10 removing of exhaust or other noise reduction equipment on these vehicles. It

11 additionally proposes to strengthen the existing prohibition on bypassing these

12 systems on all-terrain vehicles and to reduce the maximum noise levels

13 permitted for all-terrain vehicles from 82 to 80 decibels.

14 AN ACT RELATING TO THE NOISE LEVELS OF MOTORCYCLES 15 AND ALL-TERRAIN VEHICLES

16 It is hereby enacted by the General Assembly of the State of Vermont:

17 Sec. 1. 23 V.S.A. § 1256a is added to read

18 § 1256a. MOTORCYCLE NOISE EMISSIONS

19 (a) All motorcycles shall be equipped with a muffler system and such other

20 equipment or devices which reduce maximum machine operating noise to a

5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.645 2 2008 Page 2 3 4 1 noise level of not more than 80 decibels on the A scale at 50 feet in a normal

2 operating environment. The muffler system and all other noise reduction

3 equipment on a motorcycle shall not be bypassed, modified, or removed in a

4 manner which violates the noise limitation imposed in this section.

5 (b) Any person selling or offering to sell a motorcycle or replacement

6 muffler system, whether at wholesale or retail, shall include in the

7 specifications precise information concerning the designed maximum sound

8 levels of the motorcycle or replacement muffler system.

9 Sec. 2. 23 V.S.A § 3505(b) and (c) is amended to read:

10 (b) Subject to regulation by rule of the commissioner, any all-terrain

11 All-terrain vehicles shall be equipped with a muffler system and such other

12 equipment or devices which reduce maximum machine operating noise to a

13 noise level of not more than 82 80 decibels on the A scale at 50 feet, in a

14 normal operating environment.

15 (c) No A person shall not sell or offer to sell within the state of Vermont an

16 all-terrain vehicle unless it complies with the sound requirements specified in

17 subsection (b) of this section. No The muffler and other noise reduction

18 equipment on an all-terrain vehicle shall not be equipped in any manner which

19 permits the operator to bypass the muffler; no bypassed, modified, or removed.

20 A person shall not sell or offer to sell at either wholesale or retail a

21 replacement exhaust muffler system which will not meet or exceed the exhaust

5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.645 2 2008 Page 3 3 4 1 noise reduction capabilities of the all-terrain vehicle. In addition, any person

2 selling or offering to sell an all-terrain vehicle or replacement muffler system,

3 whether at wholesale or retail, shall include in the specifications, precise

4 information concerning the designed maximum sound levels of the all-terrain

5 vehicle or replacement muffler system.

6 Sec. 3. 23 V.S.A. § 3506(d) is amended to read:

7 (d) In addition to all other requirements, an all-terrain vehicle may not be

8 operated:

9 (1) if equipped with an exhaust system with a cut out, bypass, or similar

10 device the muffler or other noise reduction equipment has been bypassed,

11 modified, or removed in a manner which violates the requirements of

12 subsection 3505(b) of this title; or

13 (2) with the spark arrester removed or modified, except for use in closed

14 course competition events.

5 www.leg.state.vt.us