Illinois -pipes

[karen]

FYI:
Motorcycle related only:
Mt. Vernon Register-News - Bikers claim harassment by police

Published: July 06, 2009 10:04 pm
Bikers claim harassment by police

By TESA CULLI

tesa.culli@register-news.com

MT. VERNON — A crowd of motorcycle riders representing motorcycle clubs and activists descended on the city council Monday to express their frustration about what they perceive as targeted ticketing for loud muffler pipes.

“The City of Mt. Vernon is fast getting a reputation as being biker unfriendly,” ABATE Chapter 27 President Mick Eddington said. “Loud pipes save lives, it’s a fact. Someone may not see us, but they hear us.”

Eddington and others claimed that in the last few weeks they have received more than 50 tickets for loud mufflers. The groups cited their charity work in the city and other events they sponsor and support, when saying they would “leave town and take the charity events elsewhere.”

“If we feel threatened, and get ticketed every time we come through, we’ll take our money and our charities and go elsewhere,” Eddington said. “We’d hate to see that. But we’re perceiving that we’re being harassed. If it keeps up, we’ll leave, it’s as simple as that.”

Ronda Tupper, who organizes the annual toy run for the United Methodist Children’s Home said money raised for charitable events, such as the toy run, is spent in the community to purchase items. Also mentioned is the annual Run For The Wall, which has stopped in Mt. Vernon as the only stop in Illinois for more than 20 years, and the revenue from gas which is purchased for between 300 and 500 participants.

One biker was ticketed on his way into the parking lot at Veterans Park on his way to the meeting, and Mt. Vernon Police Chief Chris Mendenall said he was behind the squad car that pulled him over.

“I didn’t notice excessive noise,” Mendenall admitted. “But if you have after market pipes they qualify to be ticketed.”

Mendenall said the citations are being given under the state statute — not a city ordinance — which was adopted by the state in 1970.

“We haven’t aggressively enforced it until recently because we have now been receiving more complaints,” Mendenall said, and read the statute, which states that any pipes that have been modified in a matter to amplify the sound from that originally installed on the motorcycle can be cited.

Mendenall said he has instructed officers to step up enforcement of those who have loud pipes and are being loud in residential areas.

“The intent is not to harass motorcycle groups,” Mendenall said. “I have a license, I enjoy riding. My brother has two Harley’s and there are several officers that have bikes. ... We appreciate the charitable work you do in the community and have even helped escort you through town.”

Mendenall said when directing officers to enforce the statute, there is an element of “judgment” on the part of the officer and when giving directions of enforcement, the officers can interpret and become too aggressive in enforcement.

ABATE attorney George Tinkham, a former attorney with the Attorney General Office and the Illinois Department of Transportation, said the state code only specifies citations for pipes that are “louder than stock.”

“What is stock?” Tinkham asked. “The officer would have to know what was original on each and every bike.”

Tinkham also said taking all the cases to court is “one of the worst ways to practice government. Judges are not in a position to make policy, you are.”

Mayor Mary Jane Chesley directed City Manager Ron Neibert to set up a meeting with representatives of the various motorcycle groups, the police department and city leaders to get an “overview of the situation” and determine any action that would need to be taken about the situation.

K

[chopper]

Shit is starting around here also. Got a ticket today for loud pipes.

[jimbos883]

Originally Posted by chopper

Shit is starting around here also. Got a ticket today for loud pipes.

Who wrote you? City or State?

[mid30]

our city councel is tring to do the same here in albuquerque new mexico

[chopper]

City.

[karen]

Did they test or did they do the EPA label?

K

[chopper]

They said it was a local ordnance. Funny thing is that they really didnt enforce it until recently.

[karen]

I'm looking into it now and what I'm finding is testing. This could be outdated though. This is harsh.
Chicago
11-4-1160 Motor vehicles.




(b) No person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limit at a distance of 15 meters from the centerline of travel under test procedures established by Section 11-4-1330 of this chapter:







TABLE INSET:


Type of Vehicle Date of
Manufacture Noise
Limit
dB(A) (1) Motorcycle After 1 Jan. 1975 84 Same After 1 Jan. 1982 80 Same After 1 Jan. 1985 78
55 KMPH Over
or Less 55 KMPH

Any motorcycle other than a motor-driven cycle after 1 Jan. 1978 78 dB(A) 82 dB(A)

(d) No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured. Procedures used to establish compliance with this paragraph shall be those used to establish compliance of a new motor vehicle with the requirements of this article.







(Prior code § 17-4.7; Amend 10-5-94, p. 57694)
11-4-1340 Test procedures--In-use motor vehicles.




Test procedures to determine whether maximum noise emitted by motor vehicles in use meet the noise limits stated in Section 11-4-1160(c) of this chapter shall be in substantial conformity with current revisions of standards and recommended practices established by the Society of Automotive Engineers, Inc., including SAE Standard J986; SAE Standard J331; Recommended Practice J366; Recommended J184; and such other and further standards as may be propounded in the code of recommended practice of the department of consumer services.




(Prior code § 17-4.25)