Anyone know the link for the new noise limitations the DMV is trying to enforce on off-road vehicles? It had a PDF of tests they did with different exhausts.

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Section 38370 Noise Limits 38370.   (a) The Department of Motor Vehicles shall not identify any new off-highway motor vehicle, which is subject to identification and which produces a maximum noise level that exceeds the following noise limit, at a distance of 50 feet from the centerline of travel, under test procedures established by the Department of the California Highway Patrol.   (1) Any such vehicle manufactured before January 1, 1973   92 dbA   (2) Any such vehicle manufactured on or after January 1, 1973, and before January 1, 1975   88 dbA   (3) Any such vehicle manufactured on or after January 1, 1975, and before January 1, 1986   86 dbA   (4) Any such vehicle manufactured on or after January 1, 1986   82 dbA   ( The department may accept a dealer's certificate as proof of compliance with this section.   © Test procedures for compliance with this section shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers.   (d) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a maximum noise level that exceeds the noise limits in subdivision (a), and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).   (e) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a noise level that exceeds, or in any way violates, the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).   (f) As used in this section, the term \"identify\" is equivalent to the term \"licensing\" as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574).   (g) Any off-highway motor vehicle, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions to not more than 101 dbA if manufactured on or after January 1, 1975, or 105 dbA if manufactured before January 1, 1975, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. This subdivision shall only be operative until January 1, 2003. (h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions. (1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dbA, and if manufactured prior to January 1, 1998, to not more than 101 dbA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dbA if manufactured on or after January 1, 1986, and not more than 101 dbA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. (2) The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall evaluate and reassess the dates specified in paragraph (1) and include the findings and recommendations in the noise report required in subdivision (o) of Section 5090.32 of the Public Resources Code. (i) Off-highway vehicle manufacturers or their agents prior to the sale to the general public in California of any new off-highway vehicle model manufactured after January 1, 2003, shall provide to the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation rpm data needed to conduct the J-1287 test, where applicable. Amended Sec. 45, Ch. 563, Stats. 2002. Effective January 1, 2003. The 2002 amendment added the italicized material.

I saw no PDF files in there...

Vor

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[I saw no PDF files in there... Vor

They're on the California Parks & Recreation website.

OHV Div.

There's a link on that page that has some interesting info:

noise testing data chart

Vicki

Testing Standards PDF

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5. Test Site 5.1 The test site shall be a flat, open surface free of large sound-reflecting surfaces (other than the ground) such as parked vehicles, signboards, buildings, or hillsides located within 5 m (16 ft) of the motorcycle being tested and the location of the microphone. 5.2 The surface of the ground within the area described in 5.1 shall be paving or hard-packed earth, level within an average slope of 40 mm/m (0.5 in/ft), and shall be free of loose or powdered snow, plowed soil, grass of a height greater than 150 mm (6 in), trees, or other extraneous material.

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While site tolerances may be relaxed somewhat without serious degradation of precision in the method, site parameters, as described in Section 5, should be as closely adhered to as possible. It is unlikely that useful results will be obtained if, for instance, any other motorcycle or other vehicle or person is within 6 ft of the test motorcycle, or if the motorcycle is tested while it is loaded in a pickup truck or on a trailer.

I don't understand how this is going to work or be enforced? Are they going to chase people around with little meters that read exhaust or test various people at the place where you buy pass's? If you look at the testing data almost every aftermarket pipe you put on your bike puts you over the limit. There has to be some gray area.

How will this work?

Well, if I know law enforcement it'll work something like this...

There will be check points at the entrance to Glamis, on 78, checking for Green Stickers, just like usual. Whenever they see a bike with no silencer.... TICKET... and whenever they feel like it, either random or based on your attitude (dress... hair length... race... age... take your pick) or based on whether you had other violations, they'll make you unload your trailer, right there, and then they'll test everything you have.

Also, while riding at Glamis there will be MASSIVE amounts of LEO's ALL OVER THE PLACE. Whenever they hear a loud bike, particularly in the Vendor area or around the campsites at Gecko, they'll pull you over, make you ride up to the Ranger Station and they'll test you.
Or, if they want to pull you over but don't have a valid reason, (They see you doing a bunch of wheelies and doughnuts, are riding without a shirt and are, to them, a "highly probable" suspect) then they'll pull you over saying that they "think" your bike is too loud. They'll test your bike but they'll also test your breath, pat search you, run your tags etc...

Finally, they will be going camp to camp, possibly even making people start their bike for testing. Anyone without silencers will be ticketed immediatly. In another year or so they will be doing the same for VW buggies... anyone with a straight pipe with no MUFFLER (a spark arrestor does not qualify) will get a ticket.

All of this is pure speculation. It remains to be seen how the Rangers will handle this.
I do know that testing in an area with lots of traffic will be out of the question, and apparantly, testing on the sand is also not viable. They will have to create a "testing station"...

That's sounds like alot of things they'd probably do. That sucks on a big weekend you know they'll probably just test 1 out of every 50 cars going threw, so they don't slow down the flow of traffic coming in. I wonder how much the tickets will be. I wonder what other things they're going to try to make up to annoy the suspected trouble makers. Soon there will be tickets for how much your truck is raised, or what size tires you have on your vehicle. Then maybe a riding boot law, where riding boots are required to ride off road bikes.

Noise restrictions have been in place for many years. These are tighter than ever before for California, but looser than other states. Oh, and it is a "real" ticket, not a "fix-it" ticket.

BLM has made it clear (in front of many witnesses) that they will be using this season to educate, not ticket, on this restriction.

While the BLM is planning to take it easy this season the number of official BLM law enforcement officers is relatively small compared to the other agencies that have been patroling our dunes. The bad news is, we haven't gotten the same promise from any of the other law enforcement agencies. In all fairness, we haven't asked them directly about it (yet) either.

By the way, DUNERS has offered to approach this issue with the powers that be, if that is what the majority of their members want to have happen.

Vicki

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BLM has made it clear (in front of many witnesses) that they will be using this season to educate, not ticket, on this restriction.

Being told to unload your trailer for an "education" ticket is just as bad as getting a "real" ticket.

I wonder how many riders will be pulled over for "education".

Like I said, the above scenerio's are pure speculation. What REALLY happens remains to be seen.

We'll see. (we're watching)

Vor

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Finally, they will be going camp to camp, possibly even making people start their bike for testing. Anyone without silencers will be ticketed immediatly.

There is NO law that says you cant have a loud bike. You just can operate it. If it is not running, they cannot make you start it.

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Being told to unload your trailer for an \"education\" ticket is just as bad as getting a \"real\" ticket.

If you have an enclosed trailer, they need a warrant to look inside. If it's open, they can write a ticket for no reg, but still cannot make you start your bike. It is illegal in california to transport an off-road vehicle ON (not in) a trailer if it is not registered.

Hey Tom,
I've been intensly interested in these issues for years and have been trying to find a law that said they could not force you to start your bike...
Where did you find that?

Also, what you said about the enclosed trailer is true, they must have a warrant... or probable cause...
Probable cause could be you answering a simple question: "What'cha got in the back?"
Your answer should be something along the lines of...
"It's not your business." or "I claim the fifth"
Of course, how you answer that question may just get you in more hot water with the cops!

But, unlike the cops who are claiming a sense of humor when they ask you if you have any "Bazookas" in your pocket, I would not suggest you say you have a trailerload of "Tanks and artillary"!

(god I hate that "Do you have any Bazookas or Handgrenades" comment by cops... Do they think we are idiots? Oh wait, I take that back!)

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(god I hate that \"Do you have any Bazookas or Handgrenades\" comment by cops... Do they think we are idiots? Oh wait, I take that back!)

I was told those kinds of questions are asked to gage the person's reaction. Just something ridiculous... could even be "do you have an ostrich in your trunk?" But I've never understood what kind of reaction they are hoping for. No matter how sober or innocent a person is, police attention is nerve-wracking. How could anyone offer anything short of a distracted "huh? no I don't."

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I was told those kinds of questions are asked to gage the person's reaction

That's my point. What do you think would happen if you told the cop that you had "Tanks and Artillery" in the trailer, to gauge his reaction?

Vor

Vor, it’s not a matter of finding the law. The fact is if your not running your engine, you CANNOT be breaking a law relating to running your engine. If you’re not running your engine, they cannot force you to start it and by default force you to “possibly “ break a law. If a cop forces or orders you to break a law, which he could be doing, he then cannot write a citation for the breaking of said law. It’s called entrapment. If a cop says start it, simply tell him it’s too loud so I can’t run the engine.

Lets use this example you posted

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g) Any off-highway motor vehicle, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions to not more than 101 dbA if manufactured on or after January 1, 1975, or 105 dbA if manufactured before January 1, 1975, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. This subdivision shall only be operative until January 1, 2003.

It says operating pursuant to section yadda yadda yadda. Again, if the motor is not running, you’re not operating it. But if he sees you ridding it under power, then that is a different story.

Re-read all the sections; they will all say “operating” or “operation”. Nowhere does it say anything about being parked in camp or being pushed.

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Also, what you said about the enclosed trailer is true, they must have a warrant... or probable cause...   Probable cause could be you answering a simple question: \"What'cha got in the back?\"

Well it’s not that easy. Probable cause would not be suspecting your motorcycle is unregistered. They need to have sufficient evidence that a crime has been committed. It’s not like searching your car. Your car is open a visible to the public eye. An enclosed trailer is treated more like a house. They cannot enter it without your permission without a warrant or unless a crime has been committed. I have seen cases where cops know for a fact that there is evidence in a trunk of a car, but before they can open it, without the owners consent, they need a warrant. An unregistered bike or buggy is not a crime, its an infraction.

Ok... I understand your logic... believe me, I've been through the law several times looking for loopholes...

The problem I see is this:

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when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287

Which means that it doesn't matter how loud or how quiet you are, if you fail this test then, and NOT UNTIL THEN, you have an infraction. (There is an important point here. You cannot get a ticket without being tested.)

I asked around with some cops on-line and they seemed to think that there is a code... (I never found the specific code since it's not a DMV code but more likely a California code or a Federal Code) but there is a code which gives law enforcement the authority to TEST your property for the purpose of meeting requirements of codes like this one.

A cop can pull you over and do a smog test on your car.
A cop can pull you over and do a random breath test.
Heck, I bet a cop could even get in and test your brakes.

So, what does this mean in reality?
I like what you are saying... and I hope that's the way it works out... but more likely it will not be that way.

What happens if you are told to start your bike and you refuse? Are you "obstructing justice"?
What if the bike won't start (hidden kill switch)?

It looks like there is going to have to be a "test station" since sand doesn't seem to be allowed by the standards... What happens when you refuse to follow the cop back to the station? Maybe your bike is hot or almost out of gas or ... god, who knows?... what if you have a legitamate reason for not being able to ride to the testing station? Do you get impounded?

I don't mean to argue... I'm just reviving a debate that we had a month or so ago. I still do not know what the reality will be.

vor

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I asked around with some cops on-line and they seemed to think that there is a code... (I never found the specific code since it's not a DMV code but more likely a California code or a Federal Code) but there is a code which gives law enforcement the authority to TEST your property for the purpose of meeting requirements of codes like this one.

Only if your operating it. If your not operating it, by definition, it cant be illegal operation.
It is NOT illegal to posses a vehicle that is too loud. As I suggested earlier, read the law, it will refer to “operation” of a vehicle.

So how does that differ from registration laws? It is NOT illegal to posses a vehicle that is not registered. However it IS illegal to operate, store on a public street or anywhere accessible to the public. It used to be if your unregistered car was in a parking lot (private property) you were ok. Not any more. Now even private property (apartments, strip malls ect) you must be registered. So at Glamis, if your bike or buggy is out of the trailer, that’s public land. Even if you’re not operating it, it must be registered. Transporting an “off-highway” vehicle, unregistered ON a trailer in California has always been illegal.

What are they doing in Oregon ? do they make you go to a "test center" or are they doing it right there on the spot . Smart money says they will do about the same thing . My guess would be a mobile check point right off Geko somewhere .

As we were told at the sound reg meeting a few months ago, the rangers and/or sherrifs will have dB meters in their vehicles. They will test on the spot.

The guidlines seem to indicate that sand would not be an acceptable medium. They reccomend a hard pack or paved surface.

I wonder if this one thing could cause all citations issued to be tossed out of court?

Hmmmmm

Vor

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. Transporting an “off-highway” vehicle, unregistered ON a trailer in California has always been illegal.

ossifer, I mean officer, I just bought this used dirt bike from a private party and I'm taking it home to see if it runs or not. If I can get it to run right, then I'll register it..OK?

Bluesky is an Internet Troll.

http://www.intwg.com/trolls.htm

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