Little noise on noise law

But some bikers say muffler sound ordinance ‘unreasonable’

Peter Marcus, DDN Staff Writer

Thursday, January 8, 2009

There’s been little noise over a relatively new Denver ordinance that requires motorcycle mufflers to have a factory-issued U.S. Environmental Protection Agency sound-test stamp.

But some who have protested the ordinance since it took effect in July 2007 have gone as far as to take the issue to court, arguing that the ordinance is vague and unenforceable.

From July 2007 through the end of that year, there were only 19 violations issued related to the ordinance, according to Paul Riedesel with the Department of Environmental Health. Total numbers were not immediately available yesterday from either the departments of Safety or Environmental Health.

One “victim” of the ordinance is Jeffrey Lubbert. Lubbert was pulled over on his motorcycle in August 2007 at Speer Boulevard and Auraria Parkway when an officer testified that he heard exhaust pipes that were “louder based on my training and experience,” according to court documents.

Lubbert fought the citation that he was issued, making it the “test case” for the ordinance, according to his attorney, Wade H. Eldridge. Lubbert lost the case and was fined $291. He and his attorney are in the process of appealing the decision.

Defense

The defense argues that it is impossible for police officers to accurately identify decibel levels. They base that argument on testimony given by John Dogherty, an engineering expert with the former Boise, Idaho-based Washington Group International.

Dogherty said it is impossible for a human to identify a specific decibel level because of “how the human ear … works.”

Factory-issued pipes come with the EPA stamp and meet the 82-decibel standard. But aftermarket mufflers may not come with the stamp, while still meeting the 82-decibel standard, argues Eldridge. It is nearly impossible to have the pipes certified and officers do not carry decibel readers.

“It’s unreasonable to stop someone and say your pipes are louder than normal when you don’t know what normal is,” argues Eldridge, who specializes in defending bikers. “That just doesn’t cut it.”

There was great opposition to the ordinance when the City Council voted on it in June 2007. Numerous opponents argued everything from vagueness to “loud pipes save lives.”

Police yourselves?

But Terry Howard, coordinator for ABATE of Colorado, a motorcyclist rights organization, said she has heard little grumbling concerning the ordinance. She said she advises bikers to simply keep the noise down and their chances of getting pulled over are slim.

“Our philosophy is to police yourself,” she said. “If you’re out there making noise, trying to attract attention to yourself, well, you’re going to attract attention, and it’s not going to be positive.”

* Sponsored Links *