Possible ban on after-market motorcycle exhausts draws sharp reaction from local shops

When Cynthia Melo of Meredith and her husband bought a new Harley-Davidson Fatboy motorcycle in 2006, one of the first things they did was buy an after-market exhaust for it.

"We both wanted it — it made the bike sound a little better. The stock exhaust just didn't cut it," she said.

Is the new exhaust louder? She answered, "Yeah, isn't that the point?"

Her Fatboy's new pipes can't be louder than 106 decibels, when measured as described by state law, or her bike wouldn't be able to pass inspection. If she were pulled over with an exhaust louder than permitted, should could also get a fine ranging from $100 to $300.

However, a piece of legislation — House Bill 95 — being considered in Concord this year would make any after-market exhaust system illegal, no matter how loud it is. The bill would also lower the acceptable level of volume from 106 decibels to 95, would raise the maximum fine from $300 to $500, and because the volume has to be tested at a given engine speed, HB-95 would require every motorcycle to have a tachometer.

The bill, sponsored by Representative Judith Day (D-North Hampton), is designed to make it easier for communities like hers to limit the rolling thunder created by motorcycle exhausts. But in the Lakes Region, those who work with motorcycles every day say the bill would just create more trouble and expense, while eliminating a revenue source.

"It would affect the whole industry," said Tony Hartford, owner of Tony's Motorcycle Shop on Loon Pond Road in Gilmanton. He's been operating his business for about 30 years. Hartford's business is mostly in repairs, mostly Harley-Davidsons. "There's whole companies that make nothing but exhausts," he said.

Hartford doesn't do many new after-market exhaust installations, but the handful he does every year earn him about $200 each in labor and profit. "That's a couple hundred bucks out of my pocket," he said, if the legislation were to become law.

"They're blowing this out of proportion," he said. In his opinion, the problem of obnoxious exhaust systems can be solved with concerted enforcement of existing laws, not passage of new ones. His case in point is Hampton Beach, where police were once known for aggressively ticketing for loud motorcycles. "For quite some time, Hampton Beach had a reputation — 'Stay the hell out of there if you've got loud pipes'... They've already got a decibel level set, that's all that's required."

Enforcing the law is easier said than done, according to Laconia Police Chief Michael Moyer. The law states that a motorcycle's volume must be no louder than 106 decibels, measured 20 inches from the exhaust pipe at a 45 degree angle at a given engine speed. For two cylinder engines, that engine speed is 2,800 revolutions per minute, for three-cylinder engines or more the volume is measured at 3,500 rpm. The first problem with this is that the test requires a decibel meter, which the LPD doesn't have, and because some motorcycles don't have tachometers, the test requires that the police have a device that clamps on the ignition wires and displays the engine speed.

The second problem is that measuring a motorcycle's volume requires at least two officers: one to open the throttle enough to bring the engine to the appropriate speed, another to old the decibel meter at the appropriate position relative to the exhaust pipe.

The end result is that the officers are not equipped or able to measure a motorcycle's volume during a routine traffic stop.

In response to what Moyer called "an awful lot of complaints" about motorcycle noise, the department has been organizing motorcycle noise checkpoints. "When we set up one of those checkpoints, we have at least four officers, so it's cumbersome," he said. In those cases, its the practice of the department to give offending motorcyclists a "defective equipment tag" and an explanation of the law instead of a fine. "More of an educational thing than anything," he said.

Moyer, who doesn't own a motorcycle, said an outright ban on after market exhausts would enable an officer on street patrol to issue a ticket to a motorcyclist without the need of a second officer or special equipment, all the officer would have to do is look at the exhaust pipes. "Certainly this new law would make it easier to enforce, no doubt about it," he said. However, without a chance to study the bill, he wasn't willing to say if he would support it.

"The local law enforcement, doing their best, can't stop it," said Eric Meeken, parts manager at HK Powersports in Laconia. HK sells motorcycles, both sport bikes and cruisers, from nine major Asian brands. About 30-percent of the bikes sold there will be fitted with an after-market exhaust system, either on the day of the sale or shortly thereafter, he said.

Meeken, who has an after-market exhaust on his own bike, said customers choose new exhaust pipes for the looks, lighter weight or a better sound. Those who are looking for an offensively loud exhaust, he said, are "few and far between."

In stock form, he said a motorcycle can be "really quiet, really timid, sounds like The Jetsons."

To Meeken, outlawing all after market exhausts is the wrong way to go, as most after market exhausts aren't illegally loud.

Wayne Ahlquist, owner of ACME Choppers in Laconia, doesn't quite know where the new legislation would leave his business. He builds motorcycles from the ground up, fabricating exhaust systems in-house. Would his custom-built exhausts be outlawed with all the after market ones?

Another concern of his is the tachometer requirement. Many motorcycles, especially those in the Harley-Davidson design flavor, don't have them as a conscious design choice. Ahlquist, who specializes in what he calls "bare-bones" motorcycles, doesn't even put speedometers or turn signals on his, let alone tachometers. If he were to add the engine-speed gauge, he said it would add about $300 to the cost of each motorcycle.

Winnipesaukee Motorsports, located in Meredith on Waukewan Street, is owned by brothers Denis and Craig Finnerty. They started their business last year, and of the bikes they say in their first year they estimate that less than one-tenth had a stock exhaust system on their motorcycles when they were brought in for service or an inspection. And many of them, even those produced brand-new this year, didn't have a tachometer, either.

Jennifer Anderson, director of the Laconia Motorcycle Week Association, bought her Yamaha V-Star used, and she doesn't even know if her exhaust is stock or if the previous owner put a different exhaust on it. What she does know is that it doesn't have a tachometer, and she thinks its unrealistic for the state to require every motorcyclist to buy a gauge if they don't have one. "$250 just for the part — that's ludicrous!"

Denis Finnerty said the after market exists not only because some motorcyclists want a louder exhaust, but also because it is often the only source for replacement of damaged equipment. For example, the owner of a vintage motorcycle wouldn't be able to get a replacement muffler were it not for the after-market.

Another complication is that there are many small, low-volume motorcycle manufacturers. There are two used motorcycles in the Winnipesaukee Motorsports showroom that served as evidence of how Denis Finnerty felt the proposed legislation is flawed. Both bikes were made by low-volume producers. One company fabricated its own exhaust, the other sourced its muffler from the after-market. How would the future owner of either bike replace the muffler without turning to the after market?

"There's a purpose for the after-market beyond making the your bike louder," said Denis. "To say a blanket after market exhaust ban is extreme."

HB-95 is scheduled for a hearing before the House Transportation Committee on January 21.