Medowbrook Pkwy Police Stop

[reg26]

Just came back from Ocean Pkwy ride this morning. On the south bound Medowbrook Pkwy (LI,NY) they are stopping ALL motorcycles and issuing tickets for ant exhaust that is not factory installed plus whatever else thay can give you a ticket for. My buddy got one and was told he must install stock exhaust back on bike and get it signed off by a PO and go to court. I was lucky and took the Wantaugh pkwy today.
Just though I would post for thaore that are heading to Ocean Pkwy today.

[ponderopa]

Any legal eagles here want to weigh in on this trend? Are we all doomed to sound like vacuum cleaners?

[20538]

throttle blippers at lights and such can be thanked for this. making noise is not a right.

[Thealien]

A decent lawyer should be able to get it thrown out. They can not stop you for an inspection unless they are pulling you over for breaking the law (speeding, I guess they could say you were to loud). Depending on how the noise law is in NY they could be thrown out if there is a decibal limit and no meter was used.

I would contact the local Abate or motorcycle rights organisation in your area and see if they are aware of this.

[03GLIDE_]

I just moved to El Cajon CA which is just east of San Diego. There are so many bikes with loud pipes I can't believe it. The police don't even look at you as you ride by. Things are pretty easy going around here. I moved here to be closer to the mountains for riding and it's working out great for me. There are a few nazi towns out on the coast that are ticketing for loud pipes. When I hear about this kinda thing it just sickens me.

[route66paul]

If you have a big bore on an 88" engine, you can point to the muffs themselves and fight this. They say right on them that they are for 1340-1440 engines only, so if you have a 95"(1550), those muffs are not for that engine.

You explain that there is no muff made for the big bore and you had to go elsewhere.

[Bronxhog]

again our freedoms are being taken away...whats next lawnmowers,chain saws,tractor trailers,I dont know wtf is going on anymore...I"m gonna go smoke a cigar-oh i forgot i cant do that anymore either.....

[Dave63]

Originally Posted by Thealien

They can not stop you for an inspection unless they are pulling you over for breaking the law (speeding, I guess they could say you were to loud). Depending on how the noise law is in NY they could be thrown out if there is a decibal limit and no meter was used.

I would contact the local Abate or motorcycle rights organisation in your area and see if they are aware of this.

They sure can, as long as they're pulling ALL motorcycles over, and not just HDs. It's called a "fishing expedition", but they say they're checking registration, insurance and licenses.

New York City is busting people's balls really hard on noise lately, with high fines and towing/impounding bikes.

Here.....> http://www.scooternews.net/node/2337



As for citing you......the code is clear. You're not being cited for a noise violation based on dB, rather, for modification from the OEm exhaust. An OEM exhaust has the "Meets Federal Requirements" printing on it. Not to mention, it's not hard to tell if it's OEM or not.....


Section 375. Equipment.

Subsection 31. Mufflers and exhaust systems. Prevention of noise.
Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device.

No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor or exhaust system of such vehicle above that emitted by the muffler or exhaust system originally installed on the vehicle and such original muffler and exhaust system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

An exhaust system is a series of mechanical devices for the purpose of receiving exhaust gas from an internal combustion engine and expelling it into the atmosphere.

[ctjoe]

From the info I received from Mechanic friend, its an EPA law that has been in affect for many years. They are just starting to use this to break horns. This is why HD makes so many changes to keep noise down. many dealers wont install aftermarket parts including Screamin Eagle. Ther are licensed by State and would be in violation themselves.

[Thealien]

Originally Posted by Dave63

They sure can, as long as they're pulling ALL motorcycles over, and not just HDs. It's called a "fishing expedition", but they say they're checking registration, insurance and licenses.

I guess you've never heard of that pesky 4th amendment!!

[Thealien]

From your linked article!

NYPD Lt. Daniel Albano testified that existing laws require cops to catch noisy motorcyclists in the act, which is difficult and can entail potentially hazardous chases. The new law would let single officers on foot patrol, or other city agents ticket parked motorcycles, he said.

What is the legal justification for stopping a legal motorist not braking any law?!

[Bronxhog]

NYC -they like to make their own rules.....they need to generate more money so they can supply all of the illegal aliens with free medical and give all of the lazy non working citizens welfare...I happen to be one of the working citizens who have seen their taxes nearly triple under Bloomberg....No seat belt tkts are common but stopping drugs and crime is not...Harass the working taxpayer and be nice to the criminal-thats NYC's motto.

[Milehog]

Originally Posted by Thealien

I guess you've never heard of that pesky 4th amendment!!

In too many cases it only exists after a costly and time consuming court battle. Worse yet, the DA and police usually make these illegal charges with impunity.

[Dave63]

Originally Posted by Thealien

I guess you've never heard of that pesky 4th amendment!!

http://www.roadblock.org/statecases/nycase.htm


Upheld under federal Constitution. People v. Scott, 473 N.E.2d 1 (N.Y. 1984). Turning into a parking lot to evade a checkpoint is cause for an investigatory stop. People v. Chaffee, 590 N.Y.S.2d 625 (A.D. 4 Dist. 1992); but turning off a highway before reaching a checkpoint on to another road is not cause for a stop. People v. Rocket, 594 N.Y.S.2d 568 (Just. Ct. 1992). New York does not require written guidelines for a checkpoint. People v. Collura, 610 N.Y.S.2d (N.Y. CityCrim. Ct. 1994).

Originally Posted by Thealien

What is the legal justification for stopping a legal motorist not braking any law?!

A roadblock.....


Roadblocks

Roadblocks or sobriety checkpoints are permitted under the Fourth Amendment so long as they are conducted in a neutral or non-arbitrary manner, their intrusion on motorists is limited, and they further an important governmental or public purpose. There is no requirement that an officer have a reasonable suspicion of criminal activity to justify a stop at a roadblock. Factors that determine whether a roadblock is neutral and does not overly intrude on motorists include whether:

*Supervisory personnel or field officers make the decision to set up a roadblock
*The roadblock is conducted according to neutral plans or guidelines
*Cars are stopped randomly or are selected at the discretion of officers
*The roadblock causes an unreasonable delay to motorists
*The roadblock is clearly marked as a checkpoint
*Officers conducting the checkpoint are properly trained and experienced
*Advance notice is given to the public
*Safe conditions are maintained


Roadblocks have been found to further a governmental interest in the following instances:

*Catching and deterring drunk driving
*Checking for vehicle or license registration
*Addressing highway safety concerns, such as seatbelt law enforcement
*Policing the border
*Acquiring information on a recent violent crime in the area




Once you pull up, and your exhaust is in plain view and is not OEM, (OEM has the Federal writing on them regarding noise and modification) it's a visible violation of the Federal EPA noise laws, regarding OEM pipes and replacement/modification, which they're citing you under.

Citing you for a noise violation would require a dB meter and a whole testing procedure under the state's vehicle code, or even a zoning code to prove a violation. NH is good for that one.... $50 fine.

Not saying I agree with it, but that's how it's done..... under the disguise of "public safety".

Many states have legal battles currently fighting it under a violation of their 4th amendment rights, but plenty of states have laws on the books stating it's legal, or atleast a gray area, that most people can't afford to fight, IMHO.

[route66paul]

You have to have choice in replacing your vehicle's parts. They can not force a single manufacturer on you. If the part does what it is supposed to do, at time of installation, they are not supposed to cite you.

Also, most laws state that it is illegal to modify to make it louder. There are other reasons to modify, replaceing broken unit or to make it run better has been used successfully in court. This does not mean that you will win, but they can not force you to have stock equipment. They can write you for removing your cat converter. if you act like that is what you did(and your bike did not come with one), maybe he will only write you for that and you can go into court and show that your bike did not come with one.

I used to get the cop to write me for no bumpers on my van in the 70s(make him think that was what i was worried about), and then i would show that since it was a commercial vehicle(vin #), they would dismiss it because they didn't require them on commercial vehicles.