Motorcycle madness

New noise ordinance may cause as many problems as it solves

Thursday, June 7, 2007

For years, Denver neighborhoods have been plagued by loud motorcycles, and the City Council finally voted Monday to do something about it. Trouble is, it probably is not the right something.

The city already has a noise ordinance, which applies to all motor vehicles under 10,000 pounds. It limits noise levels to 80 decibels at a distance of 25 feet. But it is clumsy and difficult to enforce, because the sound-metering equipment is expensive, so the city doesn't have a lot of it and few people are trained to use it.

The result is that in three years, only 18 to 20 citations for excessive noise have been written.

The measure approved Monday raises the limit to 82 decibels (and sets a limit for heavier vehicles of 90 decibels at 50 feet), and slightly rewrites an existing provision banning modifications to exhaust systems that would cause a vehicle to exceed the limit.

But it also, specifically for motorcycles, adopts the federal Environmental Protection Agency's labeling program, under which motorcycle manufacturers have their models tested and then apply labels to both the chassis and the exhaust system certifying compliance with the federal standard.

The idea is that a larger contingent of officers can be trained to recognize the 82 decibel standard, and if they pull someone over they can readily check whether the bike has the proper label. If it doesn't they can issue a ticket.

Traffic officers testified that this is a more objective way of identifying riders who cause problems; bikers testified that it would just be an excuse to issue tickets wholesale. Both sides could be right. But it appears that some unlabeled motorcycles can meet the noise standard - indeed, the new ordinance seems to allow for that possibility - which would put their owners at risk of being ticketed when they are not, in fact, violating the ordinance.

Bikers could have their vehicles tested and if they pass, the courts will dismiss the citation, but that's not fully reassuring. There ought to be a way for owners to demonstrate that their bikes are legal without having to go to court - particularly when some bikers could be ticketed repeatedly if they happen to frequent an area where police are on the lookout for motorcycles.

Why might a bike that is in compliance with the noise ordinance not have a proper label? There are a number of reasons. For one thing, the label program goes back to 1982, as the ordinance notes, and many older motorcycles have had their exhaust equipment replaced - for legitimate reasons. What's someone who buys a used motorcycle that lacks a label supposed to do?

Yes, some bikers believe they are safer if their vehicles are loud and so deliberately run them that way. That can be obnoxious, particularly within the city. Other bikers just like the sound. Daytona Beach, Fla., which has hosted a Bike Week since 1937, has an ordinance that bans "revving" for the purpose of attracting attention. That might help in Denver, too, but it would not solve some neighborhood concerns by any means.

Still, as more than one critic of the ordinance that passed Monday noted, it just doesn't appear ready for prime time - and will need adjustment if it runs businesses out of town and results in too many tickets being issued without genuine cause. If that happens - and officials need to monitor carefully what happens - the council should be willing to provide some avenue short of court for bikers to prove they are obeying the law.