Anti-Motorcycle Legislation in NYC
Dec 16th, 2008 by Leo
The New York City Council is considering “Proposed Int 416″ a new law that would make it illegal to park a motorcycle with an exhaust that does not have an EPA sticker on it. The fine for the first offense will be $1000 and the police would tow your motorcycle until you paid your fine. The fine for a second offense would be $2500 and you could lose your motorcycle for good. (Some details from another website) – Update: here’s a link from the Daily News…
Why haven’t I heard of this before? This was originally proposed in 2006 and sat in a committee for two years with no movement until just a few days ago when the ‘Committee on Public Safety’ (which has been sitting on the proposal for two years) approved it and recommended that it go to a full vote on December 18, 2008.
What is this proposed law trying to accomplish? It’s trying to stamp down on loud motorcycles and reckless riding. I happen to be against these things too. They think this law will make it easier to enforce noise violations in motorcycles.
Then what’s wrong with this proposal? To start with:
- There are already laws on the books concerning loud pipes and excessive noise in general
- This would not ticket loud pipes, just pipes that don’t come from the factory with an EPA sticker
- Those who want loud pipes can simply drill or remove the baffle on their stock exhausts as people have been doing for ages
- This specifically targets motorcyclists rather than addressing noise violations in all vehicles
- The penalty is too severe: A missing sticker can result in a $1000 ticket and/or forfeiture of your motorcycle
Where can I read more about the proposal? You can read the proposal and the committee reports (1,2) by clicking on the links.
What can I do to stop this? Whether you live in NYC or commute here, you can contact members of the city council by phone or email. Manhattan City Council members, Brooklyn, Bronx, Queens, Staten Island.
I suggest you write respectfully and personalize your letter, but here’s a template to get you started:
Dear Respected Council Members,
I am a resident of ______________________ (OR I commute to) _____________________ and I am deeply concerned about Proposed Int. No. 416-A concerning the parking or standing of motorcycles without EPA stickers on the exhaust. I have two reasons for this concern:
1. My motorcycle has a manufacturers factory exhaust that conforms to the legal sound limits for motorcycles in NYC. It does not, however, have an EPA sticker. 416 would allow my main means of transportation to be towed and I would be fined in excess of $1000, and the motorcycle sold at an auction if I am unable to pay . This would be an unfair financial burden to me in this economy.
2. The law requiring EPA stickers would also not address the problem of excessive noise because a “modification” for motorcycles is to either remove the internal baffles or drill holes in them to increase air flow. This would allow for loud motorcycles with sound levels similar to “straight pipes” but with EPA stickers.
I understand public dislike of loud motorcycles being operated recklessly; but I have similar concerns about automobiles being operated recklessly and with loud aftermarket exhausts and stereos and I am concerned over the unfair way in which this law would single out motorcyclists in NYC.
Thank you for taking the time to here my concerns. Would you please reconsider this proposal or at least refine it so that it does not discriminate against law abiding motorcyclists?
Sincerely,
Name + telephone number
***UPDATE: According to an email by Jeff Hennie of the Motorcycle Rider’s Foundation (MRF):
“The Motorcycle Riders Foundation is pleased to report that for now the bill has been pulled from the schedule for December 18th, when it was to be voted upon by the full council. The MRF thanks Speaker Christine Quinn for realizing that this issue requires much more than one week worth of consideration.”
The proposal will most likely come to a vote at some point in 2009 unless there is strong likelihood that it will not pass, so for New Yorkers now is a good time to contact your local council person and express your concerns.
Related posts:
According to an email I received from the MMA (Massachusetts Motorcycle Association):
“The Motorcycle Riders Foundation is pleased to report that for now the bill has been pulled from the schedule for December 18th, when it was to be voted upon by the full council.”
but also
“The Council will be entering the 4th and last year of the current 4 year session. So this bill is still live and could be considered at any point during the 2009 calendar year.”
Thanks James!
So last week the “Committee on Public Safety” approved and recommended the bill to be voted on by the City Council this Thursday, but an email from Jeff Hennie from Motorcycle Rider’s Foundation (MRF) says that the bill is being pulled from the schedule.
So that it will NOT be voted on on December 18, but postponed to sometime in the 2009.
However that means it will come up for a vote (because it already has committee approval), UNLESS the sponsor of the bill feel that there is no way the proposal will pass the vote, in which case they may drop the proposal.
So for New York City bikers, this means you have more time to persuade your city council member, but this bill is not quite gone yet.
Thanks again to James for pointing out the good news!
Get up! Stand Up! If you don’t, we will all pay the price.
Unconstitutional.
Needs a court test.
Think Harley would spend some money on this?
Doubtful.
The state of NY is facing a $15B deficit next year.
Revenue-hunting “legislation” like this will rear is ugly head in many more ways to come. Bet on it.
Thanks so much for the heads-up Leo. The student-riders of Columbia University will let Ms. Dickens know of our concerns ASAP.
How would this effect visitors from other states? I didn’t read any of the proposal as I don’t see myself riding in NYC anytime soon.
I can see NYPD getting heavy handed and going after out of state bikes too.
Here’s an email I received from Jessica Lappin, 5th District Council Member in Manhattan. It highlights two things, [1] that council persons probably do not read what you actually write them, and [2] they do not actually understand the other side of the issue… Here’s the response:
Thank you for your email in opposition to Introduction 416-A, a bill which would prohibit the stopping, standing, or parking of motorcycles equipped with straight pipes.
As a proponent of environmentally-friendly legislation, I support Intro 416. This legislation would force motorcyclists to act in compliance with the maximum noise levels established by the EPA in 1979. This bill does not penalize owners of motorcycles that were manufactured before the establishment of the EPA noise standards in 1982, however, it does address the very serious issue of noise pollution.
Motorcycles with straight pipes can register up to 120 decibels, approximately the same noise level reached by a jet plane. This poses a serious safety concern as such a decibel level will decrease the rider’s ability to hear pedestrians as well as emergency vehicles. Furthermore, the level of noise pollution created by the straight pipe is a serious health concern for people who suffer from a number of serious ailments including hearing loss and hypertension.
Again, thank you for your email. I am sorry we could not agree on this issue. Please feel free to contact my office should you have additional questions or concerns in the future.
Sincerely,
Jessica Lappin
–
Office of Council Member Jessica Lappin
330 East 63rd Street, Suite 1K
New York, NY 10065
Phone: 212-980-1808
Fax: 212-980-1828
sounds like a canned reply…thats a downer…
I just wrote to the American Motorcyclist Association Office on Legislation as well as Councilman Yassky, who has been at least a little receptive to my previous correspondences. Everyone needs to get on the horn to their respective people before this thing gets out of hand.
[...] it might encourage you to believe in our system of government. I hope so. I wrote about Proposition 416A a while back. Well it turns out that many people in law enforcement think this is a done-deal. [...]