FYI – please review and forward to those on your lists who should be interested. The below was sent today to the Boston Globe – let’s see if they, in fairness, print it.
And watch for our next Justice Riders’ Citizen-Biker Rally, Monday 7/27, in Boston . . .
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Date: July 16, 2009
OP-ED REBUTTAL TO 7/14/09 “Muffle Those Pipes” editorial
The author of July 14, 2009’s editorial entitles “Muffle Those Pipes” made some valid points with respect to noise pollution and quality of life issues impaired by motorcycles with loud exhaust systems. I commend their effort to bring this issue to public scrutiny
However, false claims and an obvious lack of research invalidate the editorial.
It misrepresents the American Motorcycle Association’s position on the issue, who has been advising the Justice Riders’ lawsuit against the Ordinance. I am a Life Member of the A.M.A. as are most co-plaintiffs.
The author pretends expertise via armchair psychotherapy, thus making invalid inferences about why motorcyclists modify exhaust systems.
The author further makes invalid assumptions that after-market manufacturers of motorcycle parts are villains and the perpetrators of his loud exhaust noise conspiracy. Most after-market exhaust systems are quieter than original equipment systems, have the EPA stamp upon them and offer improved and ecological performance.
Consumers go to Midas, when they need to replace their automobile’s exhaust system because Midas prices are more economical than having the same work performed at automobile dealerships. This holds true with most after-market motorcycle exhaust systems also. In this economy Americans are expected to shop around for the best prices.
The author has absolutely no idea about the reasoning behind the Justice Riders’ lawsuit against Boston’s new ordinance, which subjects motorcyclists to $300 fines if their exhaust systems do not display a “readily visible” EPA-stamp. Did the author even read the Ordinance?
In fact, the lawsuit has nothing to do with motorcyclists wanting to possess noisy exhaust systems. It is about a misguided policy that will subject law-abiding motorcyclists to unfair penalties.
Boston’s City Council did not perform adequate research into this EPA regulation. They did not consult with motorcycling professionals before pushing this hastily-approved Ordinance through after only three of Boston’s City Councilors were present for a rushed, obscure public hearing on the issue.
The EPA Approval procedure for all vehicle exhaust systems was designed at the Federal level as a consumer protection measure in an effort to protect the purchaser. It was NEVER designed to be a law enforcement tool and is ineffective policy for same.
Because of components and styling in the production of many brands of motorcycling, the “EPA Approval” Stamp cannot be “readily visible” on 98% of all motorcycles, including Boston Police motorcycles. Also the EPA Stamp exempts motorcycles and motorcycle exhaust systems produced before 1982, and after 3730 miles and/or a year.
Some motorcyclists alter their original equipment exhaust systems on their motorcycles to make them louder by removing the baffles inside of their EPA stamped mufflers. Therefore, while their motorcycles are improperly loud according to Massachusetts’ statutes, they would “pass” this EPA Stamp requirement under this Ordinance.
In 1995 I was appointed by Massachusetts Registrar of Motor Vehicles to re-design Massachusetts’ Motorcycle Inspections Procedures. Various motorcycles’ exhaust systems were a well-discussed topic during that process.
We required Massachusetts’ Motorcycle Inspections Procedures to mandate that motorcycle exhaust systems contain heat shields. Those heat shields cover the “EPA Approval” Stamps on a large percentage of motorcycles, requiring the dismantling to see the EPA Stamp.
Furthermore I find this Ordinance immoral by the very nature of its exorbitant $300 fine.
Boston led the cry of “Taxation Without Representation” in 1774 over the Stamp Act that motivated protestors to dump tea in the Boston Harbor. Citizens have a “right to travel” from one community to another with an expectation that compliance with State Laws on their vehicles equals compliance with=2 0local laws.
As a proud Massachusetts resident, I totally resent this new “EPA Stamp Act” in the Capitol City of my home state. I again cry this is “Taxation Without Representation,” for non-residents who work in Boston or visit the City and spend their money, while the City of Boston seeks to acquire new revenue off the backs of motorcyclists.
Thus far this Ordinance has only been successful in the acquiring a significant reduction of revenue for Boston Vendors because thousands of motorcyclists, offended by the prospect of receiving a $300 ticket, are avoiding City of Boston tourism events.
The bottom line is that this is just another Boston Government’s folly, akin to other follies like the brown-out closing of Fire Stations rather than cutting the pork in municipal government.
Most motorcyclists agree that offensively loud noise is a problem. It should be dealt with by enforcing Massachusetts existing noise laws.
However, the real issue here is that almost every motorcycle compliant with Massachusetts Statutes are subject to a $300 citation in Boston because their EPA Stamp is not “readily visible” because of product design components. Boston’s new Ordinance assails law-abiding motorcyclists who have almost no recourse to right the repugnant Ordinance — except through the Court with the success of the Justice Riders’ lawsuit.
William E. Gannon IIHa
Co-Plaintiff
Quincy, Massachusetts
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