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S1129.....................................................by TRANSPORTATION NOISE ABATEMENT - Amends existing law relating to recreational activities and noise abatement to delete the correction factor applied to the base level in assessing a violation of any noise suppressing system. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Transp 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk NAYS -- None Absent and excused -- Pearce, Williams Floor Sponsor - Langhorst Title apvd - to House 03/08 House intro - 1st rdg - to Transp 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Eskridge, Harwood Floor Sponsor - Wood Title apvd - to Senate 03/22 To enrol 03/23 Rpt enrol - Pres signed 03/24 Sp signed 03/25 To Governor 03/28 Governor signed Session Law Chapter 164 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1129 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO RECREATIONAL ACTIVITIES AND NOISE ABATEMENT; AMENDING SECTION 3 67-7125, IDAHO CODE, TO DELETE THE CORRECTION FACTOR APPLIED TO THE BASE 4 LEVEL IN ASSESSING A VIOLATION OF ANY NOISE SUPPRESSING SYSTEM. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 67-7125, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-7125. NOISE ABATEMENT. (1) Except as hereinafter provided, every vehi- 9 cle subject to registration under section 67-7122, Idaho Code, shall comply 10 with the provisions of this section. Every vehicle subject to the provisions 11 of this section shall at all times be equipped with an exhaust system in good 12 working order and in constant operation. If the vehicle was originally 13 equipped with a noise suppressing system or if the vehicle is required by law 14 or regulation of this state or the federal government to have a noise sup- 15 pressing system, that system shall be maintained in good working order. No 16 person shall disconnect, modify or alter any part of that system in any manner 17 which will amplify or increase the vehicle's noise emission above the noise 18 limits established in subsection (3) of this section, except temporarily in 19 order to make repairs, replacements or adjustments. No person shall operate 20 and no owner shall cause or permit to be operated any vehicle while the 21 vehicle's noise emission exceeds the noise limits established in subsection 22 (3) of this section or while the vehicle's noise suppressing system is discon- 23 nected, modified or altered in violation of the provisions of this section. 24 (2) No person shall operate a vehicle subject to the provisions of this 25 section unless that vehicle is equipped with a spark arrester device, affixed 26 to the exhaust system, of a type qualified and rated by the United States for- 27 est service. The provisions of this subsection shall not apply to vehicles 28 being operated off the highway in an organized racing or competitive event 29 which is conducted on private land with the consent of the landowner. 30 (3) Any vehicle subject to the provisions of this section shall at all 31 times be equipped with a noise suppressing system or other device which limits 32 noise emission to a base level of not more than ninety-six (96) decibels when 33 measured on the "A" scale using standards and procedures established by the 34 society of automotive engineers (SAE), specifically SAE standard J1287, June, 35 1988, describing a test of a stationary vehicle with sound measured twenty 36 (20) inches and forty-five (45) degrees from the exhaust outlet, or as other- 37 wise described. For enforcement purposes, a correction factor of plus two (+2)38 decibels measured on the "A" scale for site variation and plus one (+1) deci-39 bel measured on the "A" scale for instrumentation error shall be applied to40 the base level in assessing any violation.The provisions of this subsection 41 shall not apply to vehicles being operated off the highway in an organized 42 racing or competitive event which is conducted on private land with the con- 43 sent of the landowner or on public land under permit. 2 1 (a) The department shall adopt regulations in accordance with chapter 52, 2 title 67, Idaho Code, establishing the test procedures and instrumentation 3 to be utilized. These procedures shall incorporate requirements for the 4 test site environment and sound measuring equipment as set forth in SAE 5 standard J1287, June, 1988. 6 (b) Instrumentation shall include but not be limited to a sound level 7 meter meeting the type 1, type S1A, type 2, or type S2A requirements of 8 the American national standards institute (ANSI) specification for sound 9 level meters, S1.4-1983; a sound level calibrator, microphone wind screen, 10 external engine speed tachometer. 11 (4) A showing that the noise emission level of any vehicle subject to and 12 not otherwise exempt from the provisions of this section exceeds ninety-six 13 (96) decibels, as described and tested in subsection (3) of this section, 14 shall be prima facie evidence of a violation of subsection (1) of this sec- 15 tion.
STATEMENT OF PURPOSE RS 14946 This bill removes from Idaho Code an existing correction factor to make Idaho noise abatement laws consistent with other states and the national standard recommended by the American Motorcycle Association. FISCAL NOTE No fiscal impact. Contact: Name: Brett Madron Idaho Trail Machine Association Phone: (208) 368-1645 STATEMENT OF PURPOSE/FISCAL NOTE S 1129