NY "Pipe Law' . .see UPDATE below the law

Elwood1960's picture

DAILY NEWS STAFF WRITER

Thursday, December 11th 2008, 2:18 AM

Vroooom that noisy motorcycle once too often and the city could own it.

In a new bid to stem motorcycle noise, the City Council is set to pass a bill requiring all bikes to sport tags certifying approval by the Environmental Protection Agency.

No EPA tag, you get a ticket, without the officials having to prove the bike exceeded the 80-decibel limit set by the city's noise code.

"Today we go a long way toward taking the squeal out of the hogs," said Peter Vallone (D-Queens), chairing a final bill hearing Wednesday in the Public Safety Committee.

Under the bill, expected to pass the full Council Dec. 18, a first conviction carries a maximum $1,000 fine and temporary confiscation until the penalty is paid.

A second conviction hikes the maximum fine to $2,500 and imposes permanent forfeiture.

NYPD Lt. Daniel Albano testified that existing laws require cops to catch noisy motorcyclists in the act, which is difficult and can entail potentially hazardous chases.

The new measure would let single officers on foot patrol - or other city agents - ticket parked motorcycles, he said.

It gives police "an extra tool to get at what is truly a serious problem," said Councilman Alan Gerson (D-Manhattan), who crafted the bill based on a law in use in Denver.

But biker Bill Ferraro, president of the Union Ironworkers Motorcycle Club, Local 580, testified that "it's unsafe for us to ride when the pipes are too low."

He also said the city can't close its budget gap "with confiscation of bikes and seizure."

flombardi@nydailynews.com

http://www.nydailynews.com/ny_local/...of_this-2.html

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Update on New York City Introduction 416-A

Legislation that would mandate use of OEM (original equipment manufacturer) exhaust systems on all motorcycles in New York City has been “deferred” by the New York City Council. Originally scheduled for consideration at its December 18 meeting, Introduction 416-A has been removed from the agenda.

A representative in the Clerk of Council’s office confirmed the removal of the legislation Monday (December 15) afternoon.

The bill would prohibit the parking, stopping or standing of any motorcycle equipped with “straight pipes.” Under the definition of “straight pipe” in Intro 416-A, any motorcycle exhaust system not stamped with the U.S. EPA compliance label would be in violation of the law, regardless of the sound level emitted by the exhaust system.

Motorcyclists should continue contacting their City Council members to voice concern regarding this legislation.

For more information, visit the New York City Council Website at http://council.nyc.gov.

A temporary delay

Munch's picture

A temporary delay ...good..... but permanent stop its not. IF they are pushing hard to get that through , someone needs to go in with counter proposal to make it less retarded. Again I know nothing of NY but from my understanding of the city areas...."hogs" and straight pipes are not near the noise problem they have. Horns, car alarms and yes I will say it... gun shots and police sirens. All are more common place complaints from the transplants we get here in NC.
Straight pipes I can maybe agree with as it does kinda gives us a "special privilege" or free pass to having to follow the same emission laws that cagers have. This would not be hard for a meter maid and whatever their idea of City official is to be able to spot. Straight pipes are just that....nothing inside to see. Debaffled bikes are also easily identified.
This "Listen to me or I take away your toys" mentality is a problem. I hope all members of this forum up in that area are calling, emailing the control freaks about the ridiculousness of the bill and how it isolates and in their own "PC" terminology profiles a specific group.
Maybe someone should dig into the politicians backgrounds and see if they were bullied by cycle gangs or something. Or see if a neighbor of theirs has straight pipes and works 3rd shift.

Sorry f that rant didn't make alot of sense.... I am just off an 13 hour day and somewhat tired.

Yesterday is a memory, tomorrow is a prediction, but today...... is a Bi**h

****We know yesterday existed because we remember it, the future we can not predict as it has yet to happen, and the moment you say now it becomes the memorable past...so WHEN in time do we exist?****

""""Maybe someone should dig

Elwood1960's picture

""""Maybe someone should dig into the politicians backgrounds and see if they were bullied by cycle gangs or something. Or see if a neighbor of theirs has straight pipes and works 3rd shift.""""

This is my guess . . its a personal thing of some kind. You are dead on . . . the LEAST of the noise I hear is motorcycles . . . cops and EMS sirens go on and off all night. I listen to the Garbage trucks empty dumpsters in the wee hours of the morning, quite noisy . . and for ever one motorcycle, sport bike or Harley, I hear 100 of those little "gangster cars" with the stupid little sewing machine pipes and the boom boom stereos that rattle things in my living room. Oh . .on new years we sit on the porch and try to decipher the Ak's from the M-16's from the Ozi's and the revolvers from the automatics . . .LoL Every year someone is shot by these idiots. Last year it was a kid playing hide and seek. He hid behind an old couch in an apartment complex . .some guy at midnight empties a clip in the couch, and the kid . . sad.

This law made no since from the begining . . it has to have some personal agenda behind it, and your right, they will try to sneak it in again, no question.

""""A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor and bread it has earned - this is the sum of good government. """"
Thomas Jefferson

20

2006 Harley Davidson Dyna Wide Glide
Sales, Peterson's North Miami Store

So, is it impossible to have

Budd's picture

So, is it impossible to have the Emissions stamp on an aftermarket pipe?

Now might be the time to open up that metal stamping business in New York.

"I am the best there is at what I do, and what I do ain't nice."-Wolverine

"I am the best there is at what I do, and what I do ain't nice."-Wolverine

Beats me . .but in any

Elwood1960's picture

Beats me . .but in any event, I would fight any law that allows for the confiscation of personal property and fines on an assumption of guilt. You are totally punished and fined without recourse even if your pipes are UNDER the legal 80 db threshold . . . Bottom line, that "stamp" was all that mattered, not the 80db the law claimed was the intent. An absolute abuse of power in my eyes. That law as written is wrong on just so many levels . . . the "noise" is the least important issue evolved.

If they rewrote the law in a way that fairly tackled the noise issue, and did not trample on the rights of the owner of a PARKED motorcycle, I'm sure they would get more support from plenty of people. I like the sound of some after market pipes, but I also understand why some constraint is reasonable so as not to trample on everyone else's right to enjoy the shared environment.

Achieving that goal would not have to unfairly punish owners or even after market manufactures . .simply spell out the guide lines. 80db . . measured in the manor prescribed . . . etc . . . . then ""reasonable""" action to be taken if not followed.

""""A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor and bread it has earned - this is the sum of good government. """"
Thomas Jefferson

20

2006 Harley Davidson Dyna Wide Glide
Sales, Peterson's North Miami Store

http://www.nyccouncil.info/ht

Elwood1960's picture

http://www.nyccouncil.info/html/calendar/xml/calendar_data_122008.xml

DO control f to get the search feature, then type in 416, that will take you to this . .

""Details: Proposed Int 416-A - By Council Members Gerson, Gentile, Koppell, Liu, Martinez, Nelson, Palma, Vallone Jr. and Gennaro and Yassky - A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the parking of motorcycles equipped with straight pipes on the streets of the city of New York."""

Now you New Yorkers know who not to vote for!!!!

Alan J. Gerson
District 1 - Council Member - Democrat

District Office Address
51 Chambers St.
Suite 429
New York, NY 10007

District Office Phone
212-788-7722

District Office Fax
212-788-7727
-----

Vincent J. Gentile
District 43 - Council Member - Democrat

District Office Address
8703 3rd Avenue
Brooklyn, New York 11209

District Office Phone
718-748-5200

District Office Fax
718-748-5222
-----

G. Oliver Koppell
District 11 - Council Member - Democrat

District Office Address
3636 Waldo Avenue
Bronx, New York 10463

District Office Phone
718-549-7300

District Office Fax
718-549-9945
-----

John C. Liu
District 20 - Council Member - Democrat

District Office Address
135-27 38th Avenue
Suite 388
Flushing, New York 11354

District Office Phone
718-888-8747

District Office Fax
718-888-0331
-----

Miguel Martinez
District 10 - Council Member - Democrat

District Office Address
601 West 174th
Suite 1A
New York, New York 10033

District Office Phone
917-521-2616/2640

District Office Fax
917-521-1293
-----

Michael C. Nelson
District 48 - Council Member - Democrat

District Office Address
3810-A Nostrand Avenue
Brooklyn, New York 11235

District Office Phone
718-368-9176

District Office Fax
718-368-9160
-----

Annabel Palma
District 18 - Council Member - Democrat

District Office Address
1041 Castle Hill Avenue
Bronx, New York 10472

District Office Phone
718-792-1140

District Office Fax
718-931-0235
-----

Peter F. Vallone, Jr
District 22 - Council Member - Democrat

District Office Address
22-45 31st Street.
Astoria, New York 11105

District Office Phone
718-274-4500

District Office Fax
718-726-0357
-----

James F. Gennaro
District 24 - Council Member - Democrat

District Office Address
185-10 Union Turnpike
Fresh Meadows, New York 11366

District Office Phone
718-217-4969

District Office Fax
718-217-4968
-----

David Yassky
District 33 - Council Member - Democrat

District Office Address
114 Court Street
Brooklyn, New York 11201

District Office Phone
718-875-5200

District Office Fax
718-643-6620
-----

Im not sure who STARTED the bill but all of the above signed their support to bring it to general council and have it passed into law.

If i were living in the city i would write letters to all of the above and CC it so they know all of them are getting the letter. Also send a CC to any motorcycle groups in the area and anyone you can think of with a loud voice to take your side.

""""A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor and bread it has earned - this is the sum of good government. """"
Thomas Jefferson

20

2006 Harley Davidson Dyna Wide Glide
Sales, Peterson's North Miami Store