Ohio bikers are not required to have any
safety devices or equipment.
They have the highest DWI's
Make the most noise of any vehicle
Have illegal exhaust systems and never get a citation
Are not required to wear a helmet
Are not required to wear safety clothing
Are required to wear just underwear?
Cars are required to have:
Wear safety belts
Car seats for children
Air bags
Bumpers
Quiet Mufflers/Legal Exhausts
Why does this bias exist? Let
us examine the laws!
OHIO Revised Code:
This is the code that all law enforcement must
adhere to. The language is the same ambiguous language that is suspiciously
on all state codes or statues.
4513.22 Mufflers.
(A) Every motor vehicle and motorcycle with an internal combustion
engine shall at all times be equipped with a muffler (what
type of muffler?) which is in good working order and in constant
operation to prevent excessive or unusual noise, and no person shall use a
muffler cutout, by-pass, or similar device upon a motor vehicle on a
highway. Every motorcycle muffler shall be equipped with baffle plates.
They leave the "factory installed muffler
or equivalent" out of the law!
No person shall own, operate, or have in the person’s possession any
motor vehicle or motorcycle equipped with a device for producing excessive
smoke or gas, or so equipped as to permit oil or any other chemical to flow
into or upon the exhaust pipe or muffler of such vehicle, or equipped in any
other way to produce or emit smoke or dangerous or annoying gases from any
portion of such vehicle, other than the ordinary gases emitted by the
exhaust of an internal combustion engine under normal operation.
(B) Whoever violates this section shall be punished as provided in
section 4513.99 of the Revised Code.
Effective Date: 01-01-2004
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The noise would be eliminated by changing the current law to include the
following:
The insertion of factory installed
muffler or equivalent would solve all the enforcement problems across
the board.
A) Every motor vehicle and motorcycle with an internal
combustion engine shall at all times be equipped with a factory
installed muffler or equivalent which
is in good working order and in constant operation to prevent excessive or
unusual noise, and no person shall use a muffler cutout, by-pass, or similar
device upon a motor vehicle on a highway. Every motorcycle muffler shall be
equipped with baffle plates.
=================================================================================================================
Ohio does have an alternative way to stop
illegal exhaust systems that can only be enforced by a local police department
or sheriff:
4513.221 Local regulation of passenger car and motorcycle noise.
(A) The board of county commissioners of any county, and the board of
township trustees of any township subject to section 505.17 of the Revised
Code, may regulate passenger car and motorcycle noise on streets and highways
under their jurisdiction. Such regulations shall include maximum permissible
noise limits measured in decibels, subject to the requirements of this
section.
(B) Regulations establishing maximum permissible noise limits measured in
decibels shall prohibit the operation, within the speed limits specified
herein, of a passenger car or motorcycle of a type subject to registration at
any time or under any condition of load, acceleration, or deceleration in such
manner as to exceed the following maximum noise limits, based on a distance of
not less than fifty feet from the center of the line of travel:
(2) For motorcycles:
(a) When operated at a speed of thirty-five miles per hour or less, a maximum
noise limit of eighty-two decibels;
(b) When operated at a speed of more than thirty-five miles per hour, a
maximum noise limit of eighty-six decibels.
(C) Maximum noise limits established pursuant to division (B) of this section
shall be measured on the “A” scale of a standard sound level meter meeting
the applicable requirements for a type 2 sound level meter as defined in
American national standards institute standard S1.4 – 1983, or the most recent
revision thereof. Measurement practices shall be in substantial conformity with
standards and recommended practice established by the society of automotive
engineers, including SAE standard J
986 A NOV81, SAE standard J 366 MAR85, SAE
standard J 331 A, and such other standards and
practices as may be approved by the federal government.
(D) No regulation enacted under division (B) of this section shall be
effective until signs giving notice of the regulation are posted upon or at the
entrance to the highway or part thereof affected, as may be most appropriate.
(E) A board of county commissioners of any county may regulate noise from
passenger cars, motorcycles, or other devices using internal combustion engines
in the unincorporated area of the county, and a board of township trustees may
regulate such noise in the unincorporated area of the township, in any of the
following ways:
(1) By prohibiting operating or causing to be operated any motor vehicle,
agricultural tractor, motorcycle, all-purpose vehicle, or snowmobile not
equipped with
a factory-installed muffler or
equivalent muffler in good working order and in constant operation;
(2) By prohibiting the removing or rendering inoperative, or causing to be
removed or rendered inoperative, other than for purposes of maintenance, repair,
or replacement, of any muffler;
(3) By prohibiting the discharge into the open air of exhaust of any
stationary or portable internal combustion engine except through a
factory-installed muffler or equivalent muffler in good working order and in
constant operation;
As you can see the bullet proof phrase has
been included!!
Unfortunately the Highway Patrol can only
enforce 4513.22 that pertains to statewide enforcement. According to
Federal Law a motorcycle, in order to legally drive on our public highways,
must have an EPA certified exhaust system installed from the factory. So
any motorcycle that does not have the EPA stamp on the muffler that matches the
make and model of the motorcycle is considered illegal. So why are they hesitant
to pull a motorcycle over with an exhaust system that is clearly illegal?
Because they feel that it would be thrown out of court because the officer is
not qualified to determine whether a noise is over the legal limit. The
addition of the phrase "factory-installed
muffler or equivalent muffler" would
eliminate that situation
completely.
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