What Has Changed in the 2004 legislative session in New Hampshire?

The requirement to index all acceptable motor vehicle noise levels relative to the noise levels of the original manufacturer's equipment muffler was deleted from New Hampshire law in June 2004 by HB243 with the full support of the Republican leadership, under pressure from industry lobbyists, whose clients want to make more money by advocating the sale and use of third-party mufflers and exhaust systems that make substantially more noise than the original manufacturer's mufflers.  

This legislation originated in the New Hampshire House of Representative and was approved by a voice vote.  It had the support of the House leadership.  A voice vote means there is no record of how each lawmaker voted.  However, it is reasonable to assume that your representative did not want his or her vote to be recorded on this particular matter.  It was sponsored by Representative Lawrence A. Artz, House Committee Whip, 7 Fountain Lane, Nashua, NH  03062-2160, (603) 883-0088, Hillsborough 64; Representative Pierre W. Bruno, House Caucus Whip, (personal web page) Hillsborough 45, 603 Lyndeboro Road, New Boston, NH 03070-1224, (603) 487-2612; Representative Dean Ouellette, former Assistant to the New Hampshire Majority Leader, Merrimack 33; and Representative Christine M. Furman, former House Committee Whip, Hillsborough 64.  Ouellette and Furman are no longer legislators.  

The legislation was passed by a roll call [recorded] vote of 12-11 in the NH Senate.  It had the support of the Senate leadership.  The Senators of record, all Republicans, who voted to repeal the motor vehicle noise limitation law were:

In New Hampshire, for motorcycles, with NH RSA 266:59, Section III deleted from the law, the maximum threshold for noise can now be 106 dB.   This level of noise is between the noise of a chainsaw and a loud rock concert.  

Also by deleting NH RSA 266:59, Section III from the law, there is NO way of determining by scientific measurement, acceptable noise for ANY car or truck.   This is because the only remaing law is RSA 259:66.  This law merely requires motor vehicle muffling devices to "effectively reduce noise".  There is no definition of "effectively" and no measurement of what exactly the reduction in noise needs to be.  Automobile engines without mufflers can create noise in the 120 dB to 140 dB noise range.  This is anywhere from 10,000 to 1 million times the power compared to the 80 dB EPA level.   This is well above the noise of a loud rock concert at about 110 dB.  It is very important to note that as the decibel numbers rise by what appears to be small differences, the amount of noise your ears hear, increases rather significantly.

To illustrate the problem at hand, let's assume we have a car without a muffler generating 130 dB of noise and we install a muffler that reduces noise by a 10dB.  The resultant noise would then have ten times less power or half the noise.   If you were a judge, would halving the noise be "effective"?   If so, the resultant noise at 120 dB would be more than twice as loud as a newly legalized motorcycle running at 106 dB of exhaust noise.  The actual increase for another car would largely be a function of the size of the engine in the motor vehicle. Being realistic, it is very likely that folks who install modified mufflers have large high performance engines that may be capable of generating as much as 140 dB of sustained noise.  This is the type of noise that can damage ears permanently.  The noise from this vehicle may be more than four times as loud.  The result of this analysis points to fact that cars and trucks can actually be justifiably legal and very much louder that motorcycles.  

What does this mean to you if you want a loud muffler on your car or truck?

Let's assume that you have your muffler replaced in New Hampshire by a qualified repair shop that claimed your new, but admittedly loud and "healthy sounding" muffler was "legal".  You probably were not told that the legislature had abondoned all scientific measurements of the maximum loudness a muffler must comply with.  Then, a law enforcement officer cites you for a loud muffler because in the officer's opinion your muffler is too loud.  You go to court to argue your case.  Because there is no way of measuring the lawful loudness of your muffler, the judge would need to render an opinion, a very subjective opinion, on whether or not you were guilty of having a loud muffler.  What this means is that on the same day, with different judges, you could be guilty in one court and innocent in another.  The question of fairness and equal justice under the law comes to mind.  Unfortunately, this is exactly what the legislature voted for when it repealed NH RSA 266:59, Section III.

Will cities and towns enforce the new noise "Standard" in New Hampshire?

Probably not.  When cities and towns try to enforce any motor vehicle noise citation, they will need to prove to the court that whatever "standard" they ticketed the operator for is backed by the law.  Since there is no "standard" for cars and trucks in the law, this will be hard to prove when challenged in court.  The legislature also did not appropriate any funds to purchase the equipment needed for enforcement either.  Therefore, it is unlikely that any citations would be issued for noisy mufflers installed in any car, truck or motorcycle.

A colateral consequence - - more noise may now be legal!

Another problem created by the 106 dB "standard" of acceptable motorcycle noise is arguably that the legislature may have also redefined "noises would disturb a person of average sensibilities" described in the Criminal Code" [RSA 644-2] to noise that exceeds that of a chainsaw!  This new state law may trump local noise ordinances making them unenforceable.


What has happened in 2005 to affect the new noise "Standard" in New Hampshire?

Nothing substantive.  In 2005, the legislature added Section IV to NH RSA 266:59 to prohibit "straight pipes" that were already illegal pursuant to RSA 259:66. The legislature added a tiered system of mandatory monetary fines for noisy exhaust systems.  The legislature also added mandatory monetary fines to Section III of NH RSA 266:59a.  This bill, known as HB326, was voted by both legislative branches by a voice vote and signed by the Govenor.

However, the legislature left in place the de facto requirement for two law enforcement officers to observe and cite violators pursuant to NH RSA 266:59a, Section II; failed to set a standard of noise for cars and trucks; and failed to provide any of the necessary equipment and personnel to local communities to enforce the new standards.  

Will the 2005 legislative changes decrease motor vehicle noise?

Not likely.  Since the 2004 change, the general public has repeatedly complained that the noise isn't going away.  That small segment of motorcycle and customized automobile owners who have excessively loud exhaust systems continue to ride through the streets with impunity.  More and more loud exhaust systems and mufflers are sold every day.  The legislature knows this.  The "after-market" exhaust system equipment industry knows this too and wants the profits to continue.  Unfortunately industry lobyists and their campaign contributions were a more powerful motivator to Concord's politicians than the will of the people that elected them.  As a result, nothing has been done to help law enforcement do its job.  Instead, since the 2004 legislative changes took effect, it is harder to cite and fine operators with noisy mufflers.

Specifically what did the legislature do to increase motor vehicle noise?

In terms of the 2004 legislation, enforcement of New Hampshire motorcycle noise control laws typically requires two simultaneous observations by two law enforcement officials: (1) the revolutions per minute of the engine standing close to the vehicle's tachometer, if so equipped; and (2) the decibel meter reading when measured 20 inches from the exhaust pipe at a 45 degree angle standing about two feet in back of the vehicle.  To exacerbate the matter: (a) not all motorcycles have a built-in tachometer; and (b) not many law enforcement agencies equip their officers with an approved and calibrated "Society of Automotive Engineers Recommended Practice ANSI/SAE J-1287" decibel measuring device.  This equipment is very expensive.  The legislature deliberately did not appropriate funding to cities and towns to purchase the necessary equipment to ensure equal and effective enforcement protocols, nor did the legislature identify a method to determine the speed of the engine in the event that the vehicle does not have a working tachometer, nor did the legislature provide for the extra personnel to affect a proper ctitation, nor did the legislature set noise standards for cars and trucks.  

Why did the legislature make the noise problem worse?

The only logical reason is that the legislature enacted the new law to legalize "after market" exhaust systems to fatten the wallets of lobbyists and the noisy muffler industry in general.  Noisy muffler market opportunities were enhanced by the legislature imposing an unfunded mandate upon small towns which can little afford such equipment and staff to implement the new law.

Is the lack of law enforcement to blame for the unabated noise problem?

Small towns rarely deploy two law enforcement officers in the same vehicle or location.  Very few cities and towns have provided law enforcement with the staff and equipment mandated by the legislature.  Thus, it is unlikely that any motorcycle muffler violation will result in a small town or most other communities.  The plain fact is that issuing a citation without the proper equipment to determine if a violation actually occurred is a case without the requisite evidence - - courts would have no choice but to throw such cases out.  So, it is not surprising to learn that a town issued ZERO citations in 2005 for motorcycle noise even though scores of violators drive within 30 feet of the police station every bright summer weekend day.  One might be quick to conclude that this lack of enforcement appears to be a local law enforcement problem.  It is not.  You will need to drive a few more miles to Concord where they enacted a law that simply cannot be reasonably enforced.

What did the lobbyists say to the legislators?

One local legislator said that a lobbyist told him ".... Muffler" shop would go out of business if the old law was not changed.  The plain fact of the matter is that they were already going out of the muffler business.  Factory replacement muffler sales are sharply declining attributable to many more vehicles having factory installed stainless steel exhaust systems that virtually last for the life of the vehicle.  What the muffler industry needed was a new product line - - loud mufflers.  This was only possible with the deletion of Section III of NH RSA 266:59.  With this section gone, loud mufflers would now be legal in New Hampshire and industry profits would go up.

What can be done now?

You should call your local legislator and thank him or her for making it possible for New Hampshire to have the loudest motor vehicles in the nation.   While you have your legislator on the line, ask him or her to perform the following experiment:

Have him or her stand 20 inches from the end of the tail pipe in back of a motorcycle generating the newly legalized 106 dB of exhaust noise.  This is exactly where the law says the enforcement officer will be required to stand to test for the acceptable level of 106 dB of exhaust noise.  Ask the motorcycle operator sitting in the driver's seat to recite a couple of random sentences from the motorcycle's owners manual in a normal 60 dB voice.  In this situation, your legislator will experience the difference in sound levels between 60 dB and 106 dB which is more than FIFTY times the noise or 39 trillion times more power!  This experiment will prove that unless the operator shouts out the words to overcome the noise of the motorcycle, your legislator will have no idea what the operator said.

Ask your legislator if this is what they voted for.  This is a the best way to demonstate to your legislator why most normal and reasonable people have no idea why the legislature voted for to adopt this ridiculous new law and why the old law was repealed.  It should also be noted that motor vehicles emitting the maximum allowable New Hampshire noise cannot be legally operated in most of the rest of the country.

Abraham Lincoln once said "The best way to get a bad law repealed is to enforce it strictly." In the event that your local legislator decides not to submit to the experiment above, why not legally modify your own motor vehicle exhaust system to yield the maximum allowable levels of noise and drive by the houses at various times of the day and night of the legislators who made this all possible. Do this until the Concord politicians decide to make preventing objectionable noise a higher priority than what a lobbyist gets done to fatten the bank accounts of their clients.  

If demonstrating this level of noise to your local legislator this doesn't work, there is always the next election to pick someone that represents your right to peace and quiet.   This letter was sent to the senators and representatives noted above on or about August 19, 2004 - - as of May 1, 2005, not one of them has responded, provided any justification for their vote or refuted any of the stated facts in the letter.  

You may not have a lobbyist, but you do have a vote in the state primary in September and the general election in November.  Use it wisely!