In 2015, over a thousand residents in four communities shared their concerns and priorities to solve downtown noise disruptions to our residential environment. Now is the time for the city officials and police to enforce the Chicago laws adopted in 2013.
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DOWNTOWN, SOUTH LOOP & RIVER NORTH Politics
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By Lizzie Schiffman Tufano |
May 6, 2014 6:35am
@lizzieschiffman
No person shall operate any motor vehicle on any public way with any exhaust system or exhaust system component that is not labeled in accordance with Sections 205.158 and 205.169 of Title 40 of the Code of Federal Regulations, indicating that the exhaust system or exhaust system component meets the applicable federal noise emission requirement.
40 CFR 205.169 - Labeling requirements.
(U.S. Code)
§ 205.169 Labeling requirements.
(a) The manufacturer of any product (including the manufacturer of newly produced motorcycles) subject to this subpart must, at the time of manufacture, affix a permanent, legible label, or mark of the type and in the manner described below, containing the information provided below, to all such exhaust systems or exhaust system components to be distributed in commerce.
(b) The labels or marks shall be affixed in such a manner that they cannot be removed without destroying or defacing them, and must not be applied to any part which is easily detached from such product.
(c) The label or mark shall be in a readily visible position when the exhaust system or exhaust system component is installed on all motorcycles for which it is designed and marketed.
(d) All required language shall be lettered in the English language in block letters and numerals in a color that contrasts with its background.
(e) The label or mark must contain the following information:
(1) For exhaust systems subject to the noise emission standards of § 205.166:
(i) The label heading: Motorcycle Exhaust System Noise Emission Control Information;
(ii)
(A) For original equipment and replacement exhaust system, the following statement:
This (manufacturer's name) exhaust system (serial number) meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system on motorcycle models not specified may violate Federal law.
(B) For exhaust system components designed and marketed for motorcycles, and tested in accordance with § 205.168 as a constituent of a complete exhaust system comprising non-original equipment components (other than itself), as provided for in § 205.166(b)(3), the following statement:
This (manufacturer's name) (type of component) (serial number), when installed with a legal (type of component), meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system components on motorcycle models not specified may violate Federal law.
(iii) The model specific code must -be the same as used by the motor-cycle manufacturer and described in § 205.158(a)(6).
(2) For exhaust systems designed solely for use on competition motorcycles (as defined by § 205.151(a)(3) and so designated and labeled by the manufacturer), the statement:
This product is designed for use on closed course competition motorcycles only and does not conform to U.S. EPA noise emission standards. Used on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.
(3) For exhaust systems designed solely for use on motorcyles manufactured before January 1, 1982, the statement:
This product is designed for use on pre-1982 model year motorcycles only and does not conform to U.S. EPA noise emission standards. Use on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.
(4) For replacement exhaust systems manufactured in the United States solely for use outside the U.S. and not conforming to the noise emissions standards of this regulation, the statement: “For Export Only.”
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]
40 CFR 205.166 - Noise emission standards.
Authorities (U.S. Code)
§ 205.166 Noise emission standards.
(a) Noise emission standards.
(1) Exhaust systems and exhaust system components that are designed and marketed for use on any Federally regulated street motorcycle of the following and subsequent model years must be designed and built so that when installed on any such motorcycle which is in compliance with the requirements of subpart D of this part, they will not cause that motorcycle to produce noise emissions in excess of the levels indicated:
(i) Systems designed and marketed for use on street motorcycles other than those that meet the definition of § 205.151(a)(2)(ii):
Motorcycle model year
A-weighted noise level (dB)
A-weighted noise level (dB)(A) 198383
83(B) 198680
80(ii) Systems designed and marketed for street motorcycles that meet the definition of § 205.151(a)(2)(ii) (moped-type street motorcycles):
Motorcycle model yearA-weighted noise level (dB)
A-weighted noise level (dB)(A) 198370
70(2) Exhaust systems and exhaust system components that are designed and marketed for use on any Federally regulated off-road motorcycle of the following and subsequent model years must be designed and built so that, at the time of sale, when installed on any such motorcycle which is in compliance with the requirements of subpart D of this part, they will not cause that motorcycle to produce noise emissions in excess of the levels indicated:
(i) Systems designed and marketed for use on off-road motorcycles with engine displacements of 170 cc and lower:
Motorcycle model yearA-weighted noise level (dB)
A-weighted noise level (dB)(A) 198383
83(B) 198680
80(ii) Systems designed and marketed for use on off-road motorcycles with engine displacements greater than 170 cc:
Motorcycle model yearA-weighted noise level (dB)
A-weighted noise level (dB)(A) 198386
86(B) 198682
82(3) Exhaust systems and exhaust system components that are designed and marketed for use on any Federally regulated street motorcycle shall be designed and built so that, when installed on any such motorcycle which is in compliance with the requirements of subpart D of this part, and when both the motorcycle and the exhaust system are properly maintained and used, they will not cause that motorcycle to produce noise emissions in excess of the levels specified in paragraph (a)(1) of this section, for an Acoustical Assurance Period of one year or a distance of 6000 km (3729 mi) after the time of sale to the ultimate purchaser, whichever occurs first.
(4) Exhaust systems and exhaust system components that are designed and marketed for use on any Federally regulated off-road motorcycle must be designed and built so that, when installed on any such motorcycle which is in compliance with the requirements of subpart D of this part, and when both the motorcycle and the exhaust system are properly maintained and used, they will not cause that motorcycle to produce noise emissions in excess of the levels specified in paragraph (a)(2) of this section, for an Acoustical Assurance Period of one year or a distance of 3000 km (1865 mi) after the time of sale to the ultimate purchaser, whichever occurs first.
(5) At the time of sale to the ultimate purchaser all products must comply with the standards set forth in paragraphs (a) (1) and (2) of this section.
It is our understanding, that to enforce this Chicago Ordinance, police officers do not need a sound pressure meter or significant training....all that is necessary to issue a $500 citation, is to observe that the required visible label on the frame DOES NOT MATCH the required visible label on the exhaust system.
In 2013, Alderman Reilly sponsored a Chicago Ordinance in response to many citizen complaints that drag racers and motorcycle muffler systems had been altered from the federally required originally labeled systems. The "label matching" process had been developed by the U. S Environmental Protection Agency in the 1980s to make it feasible for local law enforcement officials to enforce noise regulations, without the need for noise measuring equipment or extensive training.
When one altered muffler system can disturb the sleep of several thousand families at 2am, it is necessary that enforcement of these Chicago Ordinances 9-76-140 and 9-100-020 must be a higher priority. WHAT CAN YOU DO TO HELP our New Eastside neighborhood? When your life is disrupted by vehicle noise, CALL 911 AND REPORT EVERY DISTURBANCE (anonymously if requested). The police devote resources based on the frequency of complaints. Also advise Alderman Reilly's office by email of the continuing noise violations, with a copy to NEAR@neweastside.org
In response to complaints from New Eastside residents, NEAR was in frequent contact with, and sent videos documenting the problem to the Chicago Police Department and Ald. Reilly. NEAR also worked cooperatively with the Streeterville Organization of Active Residents (SOAR), who developed a "Noise Survey", that provided additional data on the impacts of the vehicle noise problems.
The New Eastside residents would like to thank Alderman Reilly for providing the leadership to solve the very disruptive motorcycle and car drag racing noise problems that have existed, especially on Friday and Saturday evenings during the warmer weather....on Middle Wacker, Middle Randolph, around Lakeshore East Park, and on Lakeshore Drive. Alderman Reilly's proposal to make the area a "NO CRUISING" zone would also provide CPD another option for ticketing vehicles that pass the area more than once.
NOISE INDEX LINKS
Please share your comments and opinions with your neighbors.
NOISE INDEX LINKS
The following two references from the federal law created in the early 1980s are included for the convenience of visitors to this NewEastside.ORG website. In an effort to expedite the read of the technical language, some areas have been highlighted in red.
We would expect city and police officials will want to study these background documents and the federal law that APPLIES PRIMARILY TO MANUFACTURERS OF MOTOR VEHICLES. However it has a related use to local police departments, who now can use the "matching label" process to determine if a muffler has been ALTERED, and therefore would violate local (Chicago) laws.
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NOISE CONTROL - MOTORCYCLES and AUTOMOBILES with ALTERED MUFFLER SYSTEMS
