2005 Legislation
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SENATE BILL NO. 1129 – Noise abatement, correction factor

SENATE BILL NO. 1129

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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  to
 40    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 / Fiscal Impact



                       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