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An Act To Remove the Provision That a Motorcycle Operator May Prove a Motorcycle Muffler Does Not Exceed Specific Noise Standards
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1912, sub-§6, as repealed and replaced by PL 2011, c. 158, §1, is amended to read:
 
6. Defense for noise violations by motor vehicles.   The following are defenses to a violation of subsection 1 or 3.
 
A. If a muffler or exhaust system of a motor vehicle as defined in section 101, subsection 42, not including a motorcycle, does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998, subsections 1 and 3 do not apply. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by a participating certified inspection station.
 
B.  Subsections 1 and 3 do not apply to a muffler or exhaust system of a motorcycle that does not emit noise, as measured in accordance with standards and specifications outlined in standard J-2825 adopted by the Society of Automotive Engineers in May 2009, in excess of 92 decibels at an idle and emits noise that does not measure:
 
(1) More than 96 decibels using the set RPM test or swept RPM test for an engine configuration other than a 3-cylinder or 4-cylinder engine configuration; or
 
(2) More than 100 decibels using the set RPM test or swept RPM test for a 3-cylinder or 4-cylinder engine configuration.
 
A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not exceed decibel levels as described in this paragraph. Measurements must be made by a participating certified inspection station.
 
Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.