Fairfax co. being lobbied to target m/c exhaust

[Dave Yates]

http://www.mvcca.org/record/record_current.pdf

E&R-2009-01: REGULATION OF ILLEGAL AND INTRUSIVE
MOTORCYCLE NOISE
1. WHEREAS, long standing federal Environmental Protection
Agency (EPA) laws require that motorcycles be manufactured to be
as quiet as a normal automobile, but most owners of street motorcycles
install illegal exhaust systems (mufflers) which produce at
least 10 to 100 times the noise emissions allowed by EPA, the
state of Virginia, and Fairfax County regulations, and in addition,
the low frequency noise generated by the use of illegal exhaust
systems is particularly intrusive of solid structures such as homes.
2. WHEREAS, these illegal modifications, referred to as
“tampering” by several federal regulations created to regulate motorcycle
noise (Title 40, Volume 24, Part 205, Subpart D and
Subpart E / Noise Control Act) and air pollution (Clean Air Act),
make newer motorcycles non compliant with EPA regulations
governing air emissions; each illegally equipped motorcycle
generates more hydrocarbon air pollution than 80 automobiles (in
addition to varying amounts of other air pollutants).
3. WHEREAS, Fairfax County is densely populated with a great
deal of traffic and existing air pollution issues in the Mount Vernon
area, and the noise generated by loud motorcycles equipped with
illegal exhaust systems is recognized to be particularly intrusive of
homes, with acute and chronic exposure to this noise having a
variety of negative health effects including hearing damage,
increased stress levels leading to cardiovascular disease,
decreased rates of learning, lack of sleep, and a large impact on
general well-being and quality of life of many people.
4. WHEREAS, certain segments of the population are particularly
sensitive to this illegal and intrusive noise including but not limited
to children with autism, veterans with post traumatic stress disorders,
young children, and people who work at night and sleep
during the day.
5. WHEREAS, all motorcycles and motorcycle mufflers manufactured
for sale in the U.S.A for street use must meet the federally set
noise limit of 80 decibels, and must be properly labeled (EPA Label
Match Up Program) for easy identification by law enforcement
(improperly or non-labeled products are subject to a product recall);
Fairfax County ordinance Article 6, Section 82-6-26 and VA state
law (§ 46.2-1049) state that, “An exhaust system shall not be
deemed to prevent excessive or unusual noise if it permits or
WWW.MVCCA.ORG
Committee Resolutions
allows the escape of noise in excess of that permitted by the standard
factory equipment exhaust system.”
6. WHEREAS, to combat excessive noise pollution, the EPA has
codified a motorcycle and a motorcycle exhaust system labeling
program, 40C.F.R. §§205.158, 205.169 respectively, which
requires motorcycle and motorcycle exhaust system manufacturers
to attach a permanent label to their manufactured products
stating that the product meets the EPA’s noise emission requirements
- the purpose of the labels is to ensure that motorcycles
and exhaust systems fully comply with their tested noise emission
requirements and to provide police with an easy enforcement
mechanism.
7. WHEREAS, cities including Denver, Boston and NYC have
adopted or are considering adopting ordinances which require that
motorcycles use EPA labeled mufflers; Denver has a first fine of
$500 and second fine of $750, Boston has a fine of $300 per incident,
and NYC intends to allow parking enforcement personnel to
write tickets starting at $1000 for improperly labeled motorcycle
mufflers.
8. WHEREAS, requiring that motorcycles use EPA labeled
exhaust systems would allow for easy and flexible enforcement by
Fairfax County, and if the same requirement is adopted by the
state, would allow inspection stations to easily check for legal mufflers;
requiring EPA labeled mufflers made for the motorcycle combined
with regular enforcement would result in a very large
decrease in both noise and air pollution generated by motorcycles
(noting that many motorcyclists will temporarily install legal mufflers
for the purpose of an inspection and then put the loud mufflers
back on).
9. WHEREAS, the Fairfax County Police Department has found
the current county law unenforceable, stating that only about 1 in
300 loud motorcycles can be ticketed; Fairfax County Police
Department uses a decibel meter to determine the noise level, and
decibel readers are widely cited as being an ineffective tool for
traffic related noise enforcement, often suggested as an enforcement
method by special interests who do not want enforceable
laws, are not capable of detecting high intensity / low frequency
sound unless the dB(C) standard is used and the test is conducted
in a controlled area (impractical).
10. WHEREAS, it is commonly acknowledged that many police
officers personally own illegally equipped loud motorcycles, county
police operate loud motorcycles, and county law enforcement
provides an escort each year for “Rolling Thunder” which brings
thousands of illegally equipped motorcycles into the Washington
DC area.
11. WHEREAS, the Noise Control Act allows local jurisdictions to
enact their own laws to regulate noise regardless of state law; The
"supremacy clause" of the U.S. Constitution gives boroughs, cities
Committee Resolutions
12 THE RECORD
JULY 2009
PLANNING & ZONING
PZ-2009-05: RESOLUTION ON BRAC APR NOMINATION
08-IV-9S
1. WHEREAS Scannell Properties has submitted nomination 08-IV
-9S to change the Comprehensive Plan for 118.3 acres roughly
located south of the Fairfax County Parkway, west of Telegraph
Road, and east of Cinder Bed Road, and
2. WHEREAS The current zoning permits by-right development of
786,650 sf of I-6 industrial use plus 81 houses in an R-1 district,
and
3. WHEREAS The County planning staff has recommended an
alternative to the nomination and the alternative is acceptable to
the applicant, and
4. WHEREAS The alternative nomination proposes to eliminate
the housing component, and
5. WHEREAS The alternative nomination proposes to spread out
the industrial use over land that is currently zoned I-6 and R-1 with
the effect of reducing the intensity of the industrial use and reducing
building heights, and
6. WHEREAS The alternative nomination includes both office use
and light industrial use, and
7. WHEREAS The alternative nomination results in a total development
of 465,000 sf, which is less than allowed by the current
zoning, and
8. WHEREAS The 58.87 acres that are within a Resource Protection
Area would be deeded to the County Park Authority as an addition
to the adjacent County parkland, and
A. THEREFORE, BE IT RESOLVED, that the Mount Vernon Council
of Citizens’ Associations does not oppose the recommended
staff alternative for BRAC APR nomination 08-IV-9S, as presented.
PZ-2009-06: RESOLUTION ON ZONING ORDINANCE AMENDMENT
ON RESIDENTIAL GRADE HEIGHT
1. WHEREAS The Zoning Ordinance of Fairfax County has restrictions
based on the building height in residential zones, and
2. WHEREAS New residential construction and residential additions
where the resulting house is substantially taller than the surrounding
existing houses results in the new house looming over the
neighbors, and
and townships the authority to conflict with state law, if it is
Congress's intent and the U.S. Supreme Court has repeatedly
touched upon this issue of preemption in other noise and Noise
Control Act litigation.
12. WHEREAS, according to VA State law (§ 15.2-919), “Any locality
may, by ordinance, regulate noise from a motorcycle, moped,
or motorized skateboard or scooter, as defined in § 46.2-100,
which is not equipped with a muffler and exhaust system conforming
to §§ 46.2-1047 and 46.2-1049, if such noise may be hazardous
to the health and well-being of its citizens.”
13. WHEREAS, the National Park Service Soundscape Management
Policy 4.9 states that, "The Service will preserve, to the greatest
extent possible, the natural soundscapes of parks" the National
Park Service Soundscape Program recognizes that loud motorcycles
are a widespread problem, that the EPA labeling requirement
is probably the easiest way to ensure compliance, and has
spoken with the EPA noise abatement office which is heavily
involved in helping various local police and governments with
enforceable regulations and compliance.
A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
Council of Citizen’s Associations (MVCCA) urges the Fairfax
County Board of Supervisors (FCBOS) to change the current
county ordinance to include the wording, “No person shall, nor shall
the owner allow any person to, operate a motorcycle manufactured
after December 31, 1982 that is not equipped with an exhaust
muffler bearing the Federal EPA required labeling applicable to the
motorcycle’s model year, as set out in Code of Federal Regulations
Title 40, Volume 24, Part 205, Subpart D and Subpart E.”
B. BE IT FURTHER RESOLVED, that the MVCCA requests that
Fairfax County adopt a fine structure similar to that imposed by the
city of Boston - $300 per incident, and provide consistent enforcement
on an ongoing basis throughout warm weather months,
noting that residents have suggestions for enforcement strategies.
C. BE IT FURTHER RESOLVED, that the MVCCA requests that
the Superintendent of the George Washington Parkway amend the
park compendium to require that motorcycles use EPA labeled
exhaust systems designed for the motorcycle, and ensure that the
GW parkway police rigorously enforce this regulation.
D. BE IT FINALLY RESOLVED, that the MVCCA requests that
the Ft. Belvoir base commander require that all motorcycles accessing
the base be equipped with EPA labeled exhaust system
designed for the motorcycle, noting that the base already has a
stringent list of safety requirements for motorcyclists that reach
beyond county and state regulations.
--------------------------------------------------------------------




Dave

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[mtroutma]

Thanks Dave.  I assume you have forwarded this on to the AMA to quash.
I am concerned with section 2:

"each illegally equipped motorcycle generates more hydrocarbon air
pollution than 80 automobiles (in addition to varying amounts of other
air pollutants)."

Really?  Do stock mufflers magically remove more air pollution?
Aftermarket equipped street bikes produce 20 times the air pollution of
a car?  Some funny math going on there.

It is hard to argue with the noise from a personal perspective, but
Federal Highway funds require State and County laws to apply across all
vehicles.  Do something about loud stereos, coffee can ricers, monster
trucks, jake braking, garbage trucks, backup alarms, theft alarms, etc.

Dave Yates wrote:
> http://www.mvcca.org/record/record_current.pdf

<huge snip>

> A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
> Council of Citizen�s Associations (MVCCA) urges the Fairfax
> County Board of Supervisors (FCBOS) to change the current
> county ordinance to include the wording, �No person shall, nor shall
> the owner allow any person to, operate a motorcycle manufactured
> after December 31, 1982 that is not equipped with an exhaust
> muffler bearing the Federal EPA required labeling applicable to the
> motorcycle�s model year, as set out in Code of Federal Regulations
> Title 40, Volume 24, Part 205, Subpart D and Subpart E.�
> B. BE IT FURTHER RESOLVED, that the MVCCA requests that
> Fairfax County adopt a fine structure similar to that imposed by the
> city of Boston - $300 per incident, and provide consistent enforcement
> on an ongoing basis throughout warm weather months,
> noting that residents have suggestions for enforcement strategies.

--
___________________________________
Mike Troutman
   mike@...
   http://www.troutman.org/

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[Dave Yates]

 I haven't emailed anyone else just yet; I just found it after finding a
tidbit in the Mount Vernon Gay-zette.  I think Rolling Thunder might be
interested in some of the wild exaggerations too.

Also don't forget they've also notified the GW Parkway Supt. as well.  

Dave
-----Original Message-----
From: dc-cycles-bounces@... [mailto:dc-cycles-bounces@...]
On Behalf Of Mike Troutman
Sent: Thursday, July 30, 2009 7:49 PM
To: DCCycles
Subject: Re: [dc-cycles] Fairfax co. being lobbied to target m/c exhaust

Thanks Dave.  I assume you have forwarded this on to the AMA to quash.
I am concerned with section 2:

"each illegally equipped motorcycle generates more hydrocarbon air
pollution than 80 automobiles (in addition to varying amounts of other
air pollutants)."

Really?  Do stock mufflers magically remove more air pollution?
Aftermarket equipped street bikes produce 20 times the air pollution of
a car?  Some funny math going on there.

It is hard to argue with the noise from a personal perspective, but
Federal Highway funds require State and County laws to apply across all
vehicles.  Do something about loud stereos, coffee can ricers, monster
trucks, jake braking, garbage trucks, backup alarms, theft alarms, etc.

Dave Yates wrote:
> http://www.mvcca.org/record/record_current.pdf

<huge snip>

> A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
> Council of Citizen s Associations (MVCCA) urges the Fairfax
> County Board of Supervisors (FCBOS) to change the current
> county ordinance to include the wording,  No person shall, nor shall
> the owner allow any person to, operate a motorcycle manufactured
> after December 31, 1982 that is not equipped with an exhaust
> muffler bearing the Federal EPA required labeling applicable to the
> motorcycle s model year, as set out in Code of Federal Regulations
> Title 40, Volume 24, Part 205, Subpart D and Subpart E.
> B. BE IT FURTHER RESOLVED, that the MVCCA requests that
> Fairfax County adopt a fine structure similar to that imposed by the
> city of Boston - $300 per incident, and provide consistent enforcement
> on an ongoing basis throughout warm weather months,
> noting that residents have suggestions for enforcement strategies.

--
___________________________________
Mike Troutman
   mike@...
   http://www.troutman.org/

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[Thomas Jordan]

Dave,

You show your ignorance by using "gay" as a derogatory term. Grow up.

Sent via BlackBerry by AT&T

-----Original Message-----
From: "Dave Yates" <dave@...>

Date: Thu, 30 Jul 2009 20:35:33
To: 'DCCycles'<dc-cycles@...>
Subject: Re: [dc-cycles] Fairfax co. being lobbied to target m/c exhaust


 I haven't emailed anyone else just yet; I just found it after finding a
tidbit in the Mount Vernon Gay-zette.  I think Rolling Thunder might be
interested in some of the wild exaggerations too.

Also don't forget they've also notified the GW Parkway Supt. as well.  

Dave
-----Original Message-----
From: dc-cycles-bounces@... [mailto:dc-cycles-bounces@...]
On Behalf Of Mike Troutman
Sent: Thursday, July 30, 2009 7:49 PM
To: DCCycles
Subject: Re: [dc-cycles] Fairfax co. being lobbied to target m/c exhaust

Thanks Dave.  I assume you have forwarded this on to the AMA to quash.
I am concerned with section 2:

"each illegally equipped motorcycle generates more hydrocarbon air
pollution than 80 automobiles (in addition to varying amounts of other
air pollutants)."

Really?  Do stock mufflers magically remove more air pollution?
Aftermarket equipped street bikes produce 20 times the air pollution of
a car?  Some funny math going on there.

It is hard to argue with the noise from a personal perspective, but
Federal Highway funds require State and County laws to apply across all
vehicles.  Do something about loud stereos, coffee can ricers, monster
trucks, jake braking, garbage trucks, backup alarms, theft alarms, etc.

Dave Yates wrote:
> http://www.mvcca.org/record/record_current.pdf

<huge snip>

> A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
> Council of Citizen s Associations (MVCCA) urges the Fairfax
> County Board of Supervisors (FCBOS) to change the current
> county ordinance to include the wording,  No person shall, nor shall
> the owner allow any person to, operate a motorcycle manufactured
> after December 31, 1982 that is not equipped with an exhaust
> muffler bearing the Federal EPA required labeling applicable to the
> motorcycle s model year, as set out in Code of Federal Regulations
> Title 40, Volume 24, Part 205, Subpart D and Subpart E.
> B. BE IT FURTHER RESOLVED, that the MVCCA requests that
> Fairfax County adopt a fine structure similar to that imposed by the
> city of Boston - $300 per incident, and provide consistent enforcement
> on an ongoing basis throughout warm weather months,
> noting that residents have suggestions for enforcement strategies.

--
___________________________________
Mike Troutman
   mike@...
   http://www.troutman.org/

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dc-cycles@...
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[Doug Allis]

FINALLY!!!!! This is one Motorcycle friendly piece of legislation i can whole heardedly support.

WHOOOOOO HOOOO !!!!!!!!!

I AM SICK AND TIRED OF MY NEIGHBOR'S HARLEY.

Stop taking OEM mufflers off YOUR BIKE and then driving around the 'hood.


 

> From: dave@...
> To: dc-cycles@...
> Date: Thu, 30 Jul 2009 19:05:38 -0400
> Subject: [dc-cycles] Fairfax co. being lobbied to target m/c exhaust
>
>
> http://www.mvcca.org/record/record_current.pdf
>
> E&R-2009-01: REGULATION OF ILLEGAL AND INTRUSIVE
> MOTORCYCLE NOISE
> 1. WHEREAS, long standing federal Environmental Protection
> Agency (EPA) laws require that motorcycles be manufactured to be
> as quiet as a normal automobile, but most owners of street motorcycles
> install illegal exhaust systems (mufflers) which produce at
> least 10 to 100 times the noise emissions allowed by EPA, the
> state of Virginia, and Fairfax County regulations, and in addition,
> the low frequency noise generated by the use of illegal exhaust
> systems is particularly intrusive of solid structures such as homes.
> 2. WHEREAS, these illegal modifications, referred to as
> “tampering” by several federal regulations created to regulate motorcycle
> noise (Title 40, Volume 24, Part 205, Subpart D and
> Subpart E / Noise Control Act) and air pollution (Clean Air Act),
> make newer motorcycles non compliant with EPA regulations
> governing air emissions; each illegally equipped motorcycle
> generates more hydrocarbon air pollution than 80 automobiles (in
> addition to varying amounts of other air pollutants).
> 3. WHEREAS, Fairfax County is densely populated with a great
> deal of traffic and existing air pollution issues in the Mount Vernon
> area, and the noise generated by loud motorcycles equipped with
> illegal exhaust systems is recognized to be particularly intrusive of
> homes, with acute and chronic exposure to this noise having a
> variety of negative health effects including hearing damage,
> increased stress levels leading to cardiovascular disease,
> decreased rates of learning, lack of sleep, and a large impact on
> general well-being and quality of life of many people.
> 4. WHEREAS, certain segments of the population are particularly
> sensitive to this illegal and intrusive noise including but not limited
> to children with autism, veterans with post traumatic stress disorders,
> young children, and people who work at night and sleep
> during the day.
> 5. WHEREAS, all motorcycles and motorcycle mufflers manufactured
> for sale in the U.S.A for street use must meet the federally set
> noise limit of 80 decibels, and must be properly labeled (EPA Label
> Match Up Program) for easy identification by law enforcement
> (improperly or non-labeled products are subject to a product recall);
> Fairfax County ordinance Article 6, Section 82-6-26 and VA state
> law (§ 46.2-1049) state that, “An exhaust system shall not be
> deemed to prevent excessive or unusual noise if it permits or
> WWW.MVCCA.ORG
> Committee Resolutions
> allows the escape of noise in excess of that permitted by the standard
> factory equipment exhaust system.”
> 6. WHEREAS, to combat excessive noise pollution, the EPA has
> codified a motorcycle and a motorcycle exhaust system labeling
> program, 40C.F.R. §§205.158, 205.169 respectively, which
> requires motorcycle and motorcycle exhaust system manufacturers
> to attach a permanent label to their manufactured products
> stating that the product meets the EPA’s noise emission requirements
> - the purpose of the labels is to ensure that motorcycles
> and exhaust systems fully comply with their tested noise emission
> requirements and to provide police with an easy enforcement
> mechanism.
> 7. WHEREAS, cities including Denver, Boston and NYC have
> adopted or are considering adopting ordinances which require that
> motorcycles use EPA labeled mufflers; Denver has a first fine of
> $500 and second fine of $750, Boston has a fine of $300 per incident,
> and NYC intends to allow parking enforcement personnel to
> write tickets starting at $1000 for improperly labeled motorcycle
> mufflers.
> 8. WHEREAS, requiring that motorcycles use EPA labeled
> exhaust systems would allow for easy and flexible enforcement by
> Fairfax County, and if the same requirement is adopted by the
> state, would allow inspection stations to easily check for legal mufflers;
> requiring EPA labeled mufflers made for the motorcycle combined
> with regular enforcement would result in a very large
> decrease in both noise and air pollution generated by motorcycles
> (noting that many motorcyclists will temporarily install legal mufflers
> for the purpose of an inspection and then put the loud mufflers
> back on).
> 9. WHEREAS, the Fairfax County Police Department has found
> the current county law unenforceable, stating that only about 1 in
> 300 loud motorcycles can be ticketed; Fairfax County Police
> Department uses a decibel meter to determine the noise level, and
> decibel readers are widely cited as being an ineffective tool for
> traffic related noise enforcement, often suggested as an enforcement
> method by special interests who do not want enforceable
> laws, are not capable of detecting high intensity / low frequency
> sound unless the dB(C) standard is used and the test is conducted
> in a controlled area (impractical).
> 10. WHEREAS, it is commonly acknowledged that many police
> officers personally own illegally equipped loud motorcycles, county
> police operate loud motorcycles, and county law enforcement
> provides an escort each year for “Rolling Thunder” which brings
> thousands of illegally equipped motorcycles into the Washington
> DC area.
> 11. WHEREAS, the Noise Control Act allows local jurisdictions to
> enact their own laws to regulate noise regardless of state law; The
> "supremacy clause" of the U.S. Constitution gives boroughs, cities
> Committee Resolutions
> 12 THE RECORD
JULY 2009
> PLANNING & ZONING
> PZ-2009-05: RESOLUTION ON BRAC APR NOMINATION
> 08-IV-9S
> 1. WHEREAS Scannell Properties has submitted nomination 08-IV
> -9S to change the Comprehensive Plan for 118.3 acres roughly
> located south of the Fairfax County Parkway, west of Telegraph
> Road, and east of Cinder Bed Road, and
> 2. WHEREAS The current zoning permits by-right development of
> 786,650 sf of I-6 industrial use plus 81 houses in an R-1 district,
> and
> 3. WHEREAS The County planning staff has recommended an
> alternative to the nomination and the alternative is acceptable to
> the applicant, and
> 4. WHEREAS The alternative nomination proposes to eliminate
> the housing component, and
> 5. WHEREAS The alternative nomination proposes to spread out
> the industrial use over land that is currently zoned I-6 and R-1 with
> the effect of reducing the intensity of the industrial use and reducing
> building heights, and
> 6. WHEREAS The alternative nomination includes both office use
> and light industrial use, and
> 7. WHEREAS The alternative nomination results in a total development
> of 465,000 sf, which is less than allowed by the current
> zoning, and
> 8. WHEREAS The 58.87 acres that are within a Resource Protection
> Area would be deeded to the County Park Authority as an addition
> to the adjacent County parkland, and
> A. THEREFORE, BE IT RESOLVED, that the Mount Vernon Council
> of Citizens’ Associations does not oppose the recommended
> staff alternative for BRAC APR nomination 08-IV-9S, as presented.
> PZ-2009-06: RESOLUTION ON ZONING ORDINANCE AMENDMENT
> ON RESIDENTIAL GRADE HEIGHT
> 1. WHEREAS The Zoning Ordinance of Fairfax County has restrictions
> based on the building height in residential zones, and
> 2. WHEREAS New residential construction and residential additions
> where the resulting house is substantially taller than the surrounding
> existing houses results in the new house looming over the
> neighbors, and
> and townships the authority to conflict with state law, if it is
> Congress's intent and the U.S. Supreme Court has repeatedly
> touched upon this issue of preemption in other noise and Noise
> Control Act litigation.
> 12. WHEREAS, according to VA State law (§ 15.2-919), “Any locality
> may, by ordinance, regulate noise from a motorcycle, moped,
> or motorized skateboard or scooter, as defined in § 46.2-100,
> which is not equipped with a muffler and exhaust system conforming
> to §§ 46.2-1047 and 46.2-1049, if such noise may be hazardous
> to the health and well-being of its citizens.”
> 13. WHEREAS, the National Park Service Soundscape Management
> Policy 4.9 states that, "The Service will preserve, to the greatest
> extent possible, the natural soundscapes of parks" the National
> Park Service Soundscape Program recognizes that loud motorcycles
> are a widespread problem, that the EPA labeling requirement
> is probably the easiest way to ensure compliance, and has
> spoken with the EPA noise abatement office which is heavily
> involved in helping various local police and governments with
> enforceable regulations and compliance.
> A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
> Council of Citizen’s Associations (MVCCA) urges the Fairfax
> County Board of Supervisors (FCBOS) to change the current
> county ordinance to include the wording, “No person shall, nor shall
> the owner allow any person to, operate a motorcycle manufactured
> after December 31, 1982 that is not equipped with an exhaust
> muffler bearing the Federal EPA required labeling applicable to the
> motorcycle’s model year, as set out in Code of Federal Regulations
> Title 40, Volume 24, Part 205, Subpart D and Subpart E.”
> B. BE IT FURTHER RESOLVED, that the MVCCA requests that
> Fairfax County adopt a fine structure similar to that imposed by the
> city of Boston - $300 per incident, and provide consistent enforcement
> on an ongoing basis throughout warm weather months,
> noting that residents have suggestions for enforcement strategies.
> C. BE IT FURTHER RESOLVED, that the MVCCA requests that
> the Superintendent of the George Washington Parkway amend the
> park compendium to require that motorcycles use EPA labeled
> exhaust systems designed for the motorcycle, and ensure that the
> GW parkway police rigorously enforce this regulation.
> D. BE IT FINALLY RESOLVED, that the MVCCA requests that
> the Ft. Belvoir base commander require that all motorcycles accessing
> the base be equipped with EPA labeled exhaust system
> designed for the motorcycle, noting that the base already has a
> stringent list of safety requirements for motorcyclists that reach
> beyond county and state regulations.
> --------------------------------------------------------------------
>
>
>
>
> Dave
>
> _______________________________________________
> dc-cycles mailing list
> dc-cycles@...
> http://dc-cycles.org/mailman/cgi-bin/listinfo/dc-cycles

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[Louis F. Caplan]

> E&R-2009-01: REGULATION OF ILLEGAL AND INTRUSIVE MOTORCYCLE NOISE
> 1. WHEREAS, long standing federal Environmental Protection Agency
>    (EPA) laws require that motorcycles be manufactured to be as quiet
>    as a normal automobile, but ****most owners of street motorcycles
>    install illegal exhaust systems (mufflers) which produce at least
>    10 to 100 times the noise emissions allowed by EPA,****

"Most owners ... install illegal exhaust systems..."

Since I've always had stock pipes, does that make me a 1%er?  ;-)

While I don't disagree that there are a lot of bikes with loud pipes,
it's interesting that the whole premises is based on a generalization
"Most owners..."  Are there stats to back this up anywhere?  Now I
really do wonder what the percentage is.  

Louis  

 =======
"Admiral" Louis Caplan   Fairfax, VA
2007 Kawasaki Nomad
Baltimore Washington Ride for Kids Task Force
Please help me help the kids!  http://www.firstgiving.com/louiscaplan
The Tribe MC, Vice President:   http://www.thetribemc.com
Jewish Motorcyclist Alliance, Secretary: http://www.jewishbikers.com
MSF RiderCoach:  http://www.msf-usa.org

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[Paul Wilson-10]

"Many" is a weasel word deployed when someone simply doesn't know. I'd
be the first one to admit that "many" aftermarket pipes are
irritating. But so is my douchebag of a neighbor's lawn mower when he
insists on mowing the grass at 7:30 on a Sunday morning. And that
lasts for a half-hour, whereas the sportbike squid or "Motor Company"
aficionado on Florida Ave. zooms by and is gone in seconds. I just
can't see legislating away the minor irritations of life that are
constantly perpetrated by the inconsiderate.

Also interesting that the all the WHEREASes in this piece make
abundantly clear the raft of federal and state regulations that
already apply to street legal vehicles. And yet "the answer" appears
to be an additional layer of county regulation. Good luck with that.
Once again Fairfax County indulges in self-parody.

On Fri, Jul 31, 2009 at 1:24 PM, Louis F.
Caplan<nighthawk700@...> wrote:

>> E&R-2009-01: REGULATION OF ILLEGAL AND INTRUSIVE MOTORCYCLE NOISE
>> 1. WHEREAS, long standing federal Environmental Protection Agency
>>    (EPA) laws require that motorcycles be manufactured to be as quiet
>>    as a normal automobile, but ****most owners of street motorcycles
>>    install illegal exhaust systems (mufflers) which produce at least
>>    10 to 100 times the noise emissions allowed by EPA,****
>
> "Most owners ... install illegal exhaust systems..."
>
> Since I've always had stock pipes, does that make me a 1%er?  ;-)
>
> While I don't disagree that there are a lot of bikes with loud pipes,
> it's interesting that the whole premises is based on a generalization
> "Most owners..."  Are there stats to back this up anywhere?  Now I
> really do wonder what the percentage is.
>
> Louis
>
>  =======
> "Admiral" Louis Caplan   Fairfax, VA
> 2007 Kawasaki Nomad
> Baltimore Washington Ride for Kids Task Force
> Please help me help the kids!  http://www.firstgiving.com/louiscaplan
> The Tribe MC, Vice President:   http://www.thetribemc.com
> Jewish Motorcyclist Alliance, Secretary: http://www.jewishbikers.com
> MSF RiderCoach:  http://www.msf-usa.org
>
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[mike b.-4]

Louis F. Caplan wrote:

> "Most owners ... install illegal exhaust systems..."
>
> Since I've always had stock pipes, does that make me a 1%er?  ;-)
>
> While I don't disagree that there are a lot of bikes with loud pipes,
> it's interesting that the whole premises is based on a generalization
> "Most owners..."  Are there stats to back this up anywhere?  Now I
> really do wonder what the percentage is.  

I replaced the pipes on my Harley because I wanted a different tone.
They aren't much louder than the original ones, and the ones I put on
are made by Harley and are legal in 49 states (exception is California,
where I do not expect to ever be riding).

A neighbor builds his own bikes in his garage, and his exhausts are
pretty loud...though he's always considerate enough to limit RPMs while
in the neighborhood so they are no louder than the trash truck, or UPS
vans...and much quieter than the fire trucks and county dump trucks.

Interestingly, while his exhausts are loud, they are pretty low-toned,
so the sound doesn't carry far.  A block or two at most.  On the other
hand, I've heard screaming sport bikes all the way from I-270 on many
occasions.  Are they replacing their pipes, or are those bikes just
annoyingly loud to start with, especially when being run at very high
RPMs late at night?

First they came for the Harleys...

-- Mike B.
--
"There is a theory which states that if ever anyone discovers exactly
  what the Universe is for and why it is here, it will instantly
  disappear and be replaced by something even more bizarre and
  inexplicable.  There is another theory which states that this has
  already happened."
                                -- The Hitchhiker's Guide to the Galaxy
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[Danny Motorcycle]

"police often escort the bikes with loud pipes or have loud pipes that
are illegal"

So let's make some more laws the police will ignore and
selectively enforce!
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[Bob Meyer-2]

While the resolution is full of crap, I can understand the thinking that leads to it. I'm sick of deafening harleys, and obnoxiously loud race replica bikes with aftermarket pipes with the baffles removed, too. I suspect if you've got a reasonably quiet set of aftermarket pipes, you'll never get hassled. If you've got a Harley with straight pipes, good riddance.

And please, give the loud pipes save lives argument a rest.  Unless you're really worried about getting run down from behind, a headlight modulator will do far more to save your bacon than a set of pipes.  Or haven't you noticed that the pipes are aimed backwards, while the real threat is in front of you.

If anything, loud pipes put us all in danger, because some day a drivers going to snap and run one of over because loud pipes have driven them to road rage.

Bob Meyer

Life is all about ass...
You're either covering it, laughing it off, kicking it, kissing it, busting it, trying to get a piece of it, or behaving like one.
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[Brian Roach]

I was driving my truck the other day, and saw 2 "Motor Company" riders
coming up from behind on I-25 (major N/S highway here).

Even though the bikes were obnoxiously loud, I could not hear them until
they were *past* my B pillar, and adjacent to my front fender (Thus, having
the exhausts pointed directly at me).

While I've always know this (sound being directional and all) I have never
really paid attention during an encounter like this to try and determine
when I could hear a loud bike.

And that's in a 9 year old Toyota, which probably isn't exactly airtight
these days. In a modern passenger car with all the sound damping? You'd
never hear a sound.

-Roach
( 3 streetbikes, 3 sets of stock pipes)



On Fri, Aug 7, 2009 at 8:06 PM, Bob Meyer <st1100@...> wrote:

>
> And please, give the loud pipes save lives argument a rest.  Unless you're
> really worried about getting run down from behind, a headlight modulator
> will do far more to save your bacon than a set of pipes.  Or haven't you
> noticed that the pipes are aimed backwards, while the real threat is in
> front of you.
>
> If anything, loud pipes put us all in danger, because some day a drivers
> going to snap and run one of over because loud pipes have driven them to
> road rage.
>
> Bob Meyer
>
> Life is all about ass...
> You're either covering it, laughing it off, kicking it, kissing it, busting
> it, trying to get a piece of it, or behaving like one.
> _______________________________________________
> dc-cycles mailing list
> dc-cycles@...
> http://dc-cycles.org/mailman/cgi-bin/listinfo/dc-cycles
>

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[Joel Harding]

Okay...
   I have a stock exhaust and I ride onto Ft. Belvoir frequently.  How do I prove the exhaust is acceptable?

Joel K. Harding
Director, IO Institute
Association of Old Crows (AOC)
The Electronic Warfare and Information Operations Association
1000 North Payne Street, Suite 300
Alexandria, VA 22314
Voice: [phone] x204
Cell: [phone]



-----Original Message-----
From: dc-cycles-bounces@... on behalf of Dave Yates
Sent: Thu 7/30/2009 7:05 PM
To: 'List DC Cycles'
Subject: [dc-cycles] Fairfax co. being lobbied to target m/c exhaust
 

http://www.mvcca.org/record/record_current.pdf

E&R-2009-01: REGULATION OF ILLEGAL AND INTRUSIVE
MOTORCYCLE NOISE
1. WHEREAS, long standing federal Environmental Protection
Agency (EPA) laws require that motorcycles be manufactured to be
as quiet as a normal automobile, but most owners of street motorcycles
install illegal exhaust systems (mufflers) which produce at
least 10 to 100 times the noise emissions allowed by EPA, the
state of Virginia, and Fairfax County regulations, and in addition,
the low frequency noise generated by the use of illegal exhaust
systems is particularly intrusive of solid structures such as homes.
2. WHEREAS, these illegal modifications, referred to as
"tampering" by several federal regulations created to regulate motorcycle
noise (Title 40, Volume 24, Part 205, Subpart D and
Subpart E / Noise Control Act) and air pollution (Clean Air Act),
make newer motorcycles non compliant with EPA regulations
governing air emissions; each illegally equipped motorcycle
generates more hydrocarbon air pollution than 80 automobiles (in
addition to varying amounts of other air pollutants).
3. WHEREAS, Fairfax County is densely populated with a great
deal of traffic and existing air pollution issues in the Mount Vernon
area, and the noise generated by loud motorcycles equipped with
illegal exhaust systems is recognized to be particularly intrusive of
homes, with acute and chronic exposure to this noise having a
variety of negative health effects including hearing damage,
increased stress levels leading to cardiovascular disease,
decreased rates of learning, lack of sleep, and a large impact on
general well-being and quality of life of many people.
4. WHEREAS, certain segments of the population are particularly
sensitive to this illegal and intrusive noise including but not limited
to children with autism, veterans with post traumatic stress disorders,
young children, and people who work at night and sleep
during the day.
5. WHEREAS, all motorcycles and motorcycle mufflers manufactured
for sale in the U.S.A for street use must meet the federally set
noise limit of 80 decibels, and must be properly labeled (EPA Label
Match Up Program) for easy identification by law enforcement
(improperly or non-labeled products are subject to a product recall);
Fairfax County ordinance Article 6, Section 82-6-26 and VA state
law (§ 46.2-1049) state that, "An exhaust system shall not be
deemed to prevent excessive or unusual noise if it permits or
WWW.MVCCA.ORG
Committee Resolutions
allows the escape of noise in excess of that permitted by the standard
factory equipment exhaust system."
6. WHEREAS, to combat excessive noise pollution, the EPA has
codified a motorcycle and a motorcycle exhaust system labeling
program, 40C.F.R. §§205.158, 205.169 respectively, which
requires motorcycle and motorcycle exhaust system manufacturers
to attach a permanent label to their manufactured products
stating that the product meets the EPA's noise emission requirements
- the purpose of the labels is to ensure that motorcycles
and exhaust systems fully comply with their tested noise emission
requirements and to provide police with an easy enforcement
mechanism.
7. WHEREAS, cities including Denver, Boston and NYC have
adopted or are considering adopting ordinances which require that
motorcycles use EPA labeled mufflers; Denver has a first fine of
$500 and second fine of $750, Boston has a fine of $300 per incident,
and NYC intends to allow parking enforcement personnel to
write tickets starting at $1000 for improperly labeled motorcycle
mufflers.
8. WHEREAS, requiring that motorcycles use EPA labeled
exhaust systems would allow for easy and flexible enforcement by
Fairfax County, and if the same requirement is adopted by the
state, would allow inspection stations to easily check for legal mufflers;
requiring EPA labeled mufflers made for the motorcycle combined
with regular enforcement would result in a very large
decrease in both noise and air pollution generated by motorcycles
(noting that many motorcyclists will temporarily install legal mufflers
for the purpose of an inspection and then put the loud mufflers
back on).
9. WHEREAS, the Fairfax County Police Department has found
the current county law unenforceable, stating that only about 1 in
300 loud motorcycles can be ticketed; Fairfax County Police
Department uses a decibel meter to determine the noise level, and
decibel readers are widely cited as being an ineffective tool for
traffic related noise enforcement, often suggested as an enforcement
method by special interests who do not want enforceable
laws, are not capable of detecting high intensity / low frequency
sound unless the dB(C) standard is used and the test is conducted
in a controlled area (impractical).
10. WHEREAS, it is commonly acknowledged that many police
officers personally own illegally equipped loud motorcycles, county
police operate loud motorcycles, and county law enforcement
provides an escort each year for "Rolling Thunder" which brings
thousands of illegally equipped motorcycles into the Washington
DC area.
11. WHEREAS, the Noise Control Act allows local jurisdictions to
enact their own laws to regulate noise regardless of state law; The
"supremacy clause" of the U.S. Constitution gives boroughs, cities
Committee Resolutions
12 THE RECORD
JULY 2009
PLANNING & ZONING
PZ-2009-05: RESOLUTION ON BRAC APR NOMINATION
08-IV-9S
1. WHEREAS Scannell Properties has submitted nomination 08-IV
-9S to change the Comprehensive Plan for 118.3 acres roughly
located south of the Fairfax County Parkway, west of Telegraph
Road, and east of Cinder Bed Road, and
2. WHEREAS The current zoning permits by-right development of
786,650 sf of I-6 industrial use plus 81 houses in an R-1 district,
and
3. WHEREAS The County planning staff has recommended an
alternative to the nomination and the alternative is acceptable to
the applicant, and
4. WHEREAS The alternative nomination proposes to eliminate
the housing component, and
5. WHEREAS The alternative nomination proposes to spread out
the industrial use over land that is currently zoned I-6 and R-1 with
the effect of reducing the intensity of the industrial use and reducing
building heights, and
6. WHEREAS The alternative nomination includes both office use
and light industrial use, and
7. WHEREAS The alternative nomination results in a total development
of 465,000 sf, which is less than allowed by the current
zoning, and
8. WHEREAS The 58.87 acres that are within a Resource Protection
Area would be deeded to the County Park Authority as an addition
to the adjacent County parkland, and
A. THEREFORE, BE IT RESOLVED, that the Mount Vernon Council
of Citizens' Associations does not oppose the recommended
staff alternative for BRAC APR nomination 08-IV-9S, as presented.
PZ-2009-06: RESOLUTION ON ZONING ORDINANCE AMENDMENT
ON RESIDENTIAL GRADE HEIGHT
1. WHEREAS The Zoning Ordinance of Fairfax County has restrictions
based on the building height in residential zones, and
2. WHEREAS New residential construction and residential additions
where the resulting house is substantially taller than the surrounding
existing houses results in the new house looming over the
neighbors, and
and townships the authority to conflict with state law, if it is
Congress's intent and the U.S. Supreme Court has repeatedly
touched upon this issue of preemption in other noise and Noise
Control Act litigation.
12. WHEREAS, according to VA State law (§ 15.2-919), "Any locality
may, by ordinance, regulate noise from a motorcycle, moped,
or motorized skateboard or scooter, as defined in § 46.2-100,
which is not equipped with a muffler and exhaust system conforming
to §§ 46.2-1047 and 46.2-1049, if such noise may be hazardous
to the health and well-being of its citizens."
13. WHEREAS, the National Park Service Soundscape Management
Policy 4.9 states that, "The Service will preserve, to the greatest
extent possible, the natural soundscapes of parks" the National
Park Service Soundscape Program recognizes that loud motorcycles
are a widespread problem, that the EPA labeling requirement
is probably the easiest way to ensure compliance, and has
spoken with the EPA noise abatement office which is heavily
involved in helping various local police and governments with
enforceable regulations and compliance.
A. THEREFORE, BE IT RESOLVED, that the Mount Vernon
Council of Citizen's Associations (MVCCA) urges the Fairfax
County Board of Supervisors (FCBOS) to change the current
county ordinance to include the wording, "No person shall, nor shall
the owner allow any person to, operate a motorcycle manufactured
after December 31, 1982 that is not equipped with an exhaust
muffler bearing the Federal EPA required labeling applicable to the
motorcycle's model year, as set out in Code of Federal Regulations
Title 40, Volume 24, Part 205, Subpart D and Subpart E."
B. BE IT FURTHER RESOLVED, that the MVCCA requests that
Fairfax County adopt a fine structure similar to that imposed by the
city of Boston - $300 per incident, and provide consistent enforcement
on an ongoing basis throughout warm weather months,
noting that residents have suggestions for enforcement strategies.
C. BE IT FURTHER RESOLVED, that the MVCCA requests that
the Superintendent of the George Washington Parkway amend the
park compendium to require that motorcycles use EPA labeled
exhaust systems designed for the motorcycle, and ensure that the
GW parkway police rigorously enforce this regulation.
D. BE IT FINALLY RESOLVED, that the MVCCA requests that
the Ft. Belvoir base commander require that all motorcycles accessing
the base be equipped with EPA labeled exhaust system
designed for the motorcycle, noting that the base already has a
stringent list of safety requirements for motorcyclists that reach
beyond county and state regulations.
--------------------------------------------------------------------




Dave

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