TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 71

RECREATIONAL ACTIVITIES

67-7125.  off-highway vehicles — Noise abatement. (1) Except as hereinafter provided, every vehicle subject to numbering under sections 67-7122 and 67-7124, Idaho Code, shall comply with the provisions of this section. Every vehicle subject to the provisions of this section shall at all times be equipped with an exhaust system in good working order and in constant operation. If the vehicle was originally equipped with a noise suppressing system or if the vehicle is required by law or regulation of this state or the federal government to have a noise suppressing system, that system shall be maintained in good working order. No person shall disconnect, modify or alter any part of that system in any manner that will amplify or increase the vehicle’s noise emission above the noise limits established in subsection (3) of this section, except temporarily in order to make repairs, replacements or adjustments. No person shall operate and no owner shall cause or permit to be operated any vehicle while the vehicle’s noise emission exceeds the noise limits established in subsection (3) of this section or while the vehicle’s noise suppressing system is disconnected, modified or altered in violation of the provisions of this section.

(2)  No person shall operate a vehicle subject to the provisions of this section unless that vehicle is equipped with a spark arrester device affixed to the exhaust system of a type qualified and rated by the United States forest service. The provisions of this subsection shall not apply to vehicles being operated off the highway in an organized racing or competitive event conducted on private land with the consent of the landowner.

(3)  Any vehicle subject to the provisions of this section shall at all times be equipped with a noise suppressing system or other device that limits noise emission to a base level of not more than ninety-six (96) decibels when measured on the "A" scale using standards and procedures established by the society of automotive engineers (SAE), specifically SAE standard J1287, June 1988, describing a test of a stationary vehicle with sound measured twenty (20) inches and forty-five (45) degrees from the exhaust outlet, or as otherwise described. The provisions of this subsection shall not apply to vehicles being operated off the highway in an organized racing or competitive event conducted on private land with the consent of the landowner or on public land under permit.

(a)  The department shall adopt regulations in accordance with chapter 52, title 67, Idaho Code, establishing the test procedures and instrumentation to be utilized. These procedures shall incorporate requirements for the test site environment and sound measuring equipment as set forth in SAE standard J1287, June 1988.

(b)  Instrumentation shall include but not be limited to a sound level meter meeting the type 1, type S1A, type 2, or type S2A requirements of the American national standards institute (ANSI) specification for sound level meters, S1.4-1983; a sound level calibrator, microphone wind screen, external engine speed tachometer.

(4)  A showing that the noise emission level of any vehicle subject to and not otherwise exempt from the provisions of this section exceeds ninety-six (96) decibels, as described and tested in subsection (3) of this section, shall be prima facie evidence of a violation of subsection (1) of this section.

History:

[67-7125, added 1993, ch. 136, sec. 2, p. 336; am. 2005, ch. 164, sec. 1, p. 500; am. 2014, ch. 338, sec. 13, p. 846; am. 2021, ch. 149, sec. 18, p. 411.]