The never-ending arguments of ‘how loud is too loud’ and motorcycle exhaust systems continue in the state of New Hampshire with common sense taking the latest victory.

The dispute dates back to 2010 when the town of North Hampton passed a law requiring all motorcycles to have permanent stickers on post-1982 motorcycle exhausts indicating they met EPA noise standards. The law used EPA standards to measure acceptable noise standards, setting the level at 80 decibels, contradicting the State of New Hampshire which considers that level to be at 106 decibels.

The law was passed by a vote of 512-274 and carried fines of between $200 and $500 for the first offense with each subsequent violation punishable by a fine of $500 to $1,000.

Incredibly, the offending motorcycle didn’t even need to be running to receive a ticket with the law including those that are parked as well as being operated.

Adding an interesting slant to the story, some of the largest motorcycle dealerships in New Hampshire are located in the town of North Hampton; Seacoast Harley-Davidson, Great Bay Triumph, Ducati and Vespa, and MAX BMW and combined they employ approximately 100 people.

After the law passed, the local police chief refused to enforce the ordinance, explaining law enforcement and the town itself could face legal action if they tried to enforce a lower noise threshold than state law allows.

The matter made its way to New Hampshire’s Superior Court where a judge decided the town could not preempt the state’s standard.

The ruling was prompted by an action filed by Seacoast Motorcycles Inc., a Harley-Davidson dealer on Lafayette Road, which claimed that because there is a state law governing motorcycle noise, no town can enact a standard that is more restrictive.

"The court agrees with the plaintiff and finds that the subject of motorcycle noise is preempted by the state and that, since the state has not authorized the town to regulate motorcycle noise, the town has no legal authority to adopt or enforce the ordinance," Judge Kenneth McHugh wrote in his Dec. 9 decision.

The two sides appear to have settled back into their corners with one working with the community and along the lines of commonsense and the other looking to litigate the matter of noise pollution, but focused squarely on motorcycle enthusiasts.

According to reports in local paper Seacoast Online, the Police Chief who refused to enforce the initial ordinance has stated that law enforcement of several towns are working with ‘the riders, the New Hampshire Auto Dealers' Association, the Seacoast HOG chapter, the New Hampshire Motorcycle Rights Organization and, of course, the General Court, in order to come up with state legislation that will make it easier and more efficient for law enforcement to test the compliance of the sound levels of motorcycle exhaust.’

The other side appears to be heading back to the state capital to introduce legislation that would lower the state's motorcycle noise limit to the federal standard, beginning Jan. 1, 2013. Being introduced by Representative Michele Peckham, Bill 1442 will be introduced in 2012 and scheduled for a Feb. 7 hearing in Concord.

Interestingly, if the standard of the new legislation was enforced more broadly, a range of residents could find themselves the next target of laws against noise pollution. According to comparative charts of decibel ratings, lawnmowers, subway trains, train whistles and even the sound of city traffic when sitting in a car all exceed the standard set by the legislation.

As far as the local ordinance is concerned the latest ruling is "pretty cut and dried" but it will be discussed with the Town’s attorney and local officials.