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Drastic New York City bill against motorcycle noise still shows signs of life
Bills sponsor still 'working diligently to get it passed'
 






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June 13th, 2009

A battle fought by New York bikers and motorcycle advocacy groups in December 2008 may be far from won, with a recent report indicating the next round is imminent.

Last December a bill was considered that would make it harder for bikers to hang on to both their wallets and motorcycle.

In an effort to reduce motorcycle noise, a law was considered requiring all motorcycles to display tags certifying approval by the Environmental Protection Agency. Without the tag, police could issue a ticket without having to prove the motorcycle exceeded the 80-decibel limit set by the city's noise code.

According to recent report on Streetsblog, Bill 416-A's sponsor, New York City Council Member Alan Gerson is still vigorously working to have it passed.

A D V E R T I S E M E N T

Where the bill caused concern with riders came with its penalties. The first conviction carries a maximum fine of $1000 and temporary confiscation of the motorcycle until the penalty is paid.

The second conviction increases the fine to a maximum amount of $2500 and imposes permanent forfeiture of the bike.

It wasn't just the fines and forfeiture that upset riders and advocacy groups, but the ability of tickets being issued not only with bikers being pulled over but also when the motorcycle is parked, with city agents as well as police allowed to issue the proposed citations.

The bill was based on a similar law enacted in Denver.

A D V E R T I S E M E N T

It gives police "an extra tool to get at what is truly a serious problem," said Councilman Alan Gerson at the hearings last December.

"Today we go a long way toward taking the squeal out of the hogs," Peter Vallone Jr. said while chairing a final bill hearing in the Public Safety Committee last year.

Contrary to the confident statements made by its supporters at the time, the bill was tabled after public protests from riders as well as the American Motorcyclist Association.

But it appears many of the bills proponents are bringing new life into the bill. The bill has its supporters, most notably from NoiseOFF, a Queens-based org dedicated to combating noise pollution.

'This legislation is a necessary step to reduce urban noise pollution,' the website writes, 'It empowers city agencies to protect the rights and health of New Yorkers. Just one loud motorcycle roaring across the city late at night can disturb thousands of people.'

'Modified motorcycles can reach noise levels in excess of 100db(a); a level that easily triggers an involuntary stress response commonly known as "flight or flight." This results in the secretion of adrenaline, with ensuing spikes in cardio-respiratory rates, muscle tension, and elevated blood pressure. For affected residents, the never-ending cycle of noise constitutes a serious health issue,' the NoiseOFF website states.

'I've never personally been a fan of pipes so loud they're deafening, but the idea of requiring stickers based on a vague 80 decibel limit seems Draconian,' Basem Wasef, author of About.com's motorcycle blog wrote arguing against the bill during the controversy in December, 'Surely there's a halfway point where lawmakers and enthusiasts can meet, isn't there?'
 

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