July 30, 2009 : Muffling Motorcycles in Boston

>> Rooney: ALL RIGHT, WHEN


WE CONTINUE, MUFF ELLING


THOSE SOUPED UP MOTORCYCLES.


>> A NEW BOSTON CITY


ORDINANCE WENT INTO AFFECT


LAST MONTH DESIGNED TO MUFF


EL THE NOISE MADE BY LOUD


MOTORCYCLES EXHAUST SYSTEMS.


NEIGHBORHOOD RESIDENTS CALL


THE TEETH RATTLING PIPES A


PEW SANS BUT BOSTON BIKERS


SAY THE NEW LAW INFRINGES ON


BOTH THEIR SAFETY AND THEIR


SELF-EXPRESSION.


>> JOE BURGEN'S STREET IN


JAMAICA PLAIN HAS AN A


BUNDANCE OF TREES, A LOVELY


PARK AND A COMMUNITY GARDEN.


>> IT ALSO HAS MOTORCYCLE


NOISE.


>> THERE'S ONE PERSON IN THE


NEIGHBORHOOD WHO HAS A


MOTORCYCLE WITH STRAIGHT


PIPES.


NO MUFFLER SO TO SPEAK.


AND IT GOES ROARING DOWN THE


STREET EVERY WEEKEND,


REPEATEDLY.


>> THAT'S WHY SOME


BOSTONIANS LIKE BERGEN ARE


APPLAUDING A NEW CITY


ORDINANCE AIMED AT CURBING


EXCESSIVE MOTORCYCLE NOISE.


>> THE CONSTANT REVVING OF


THE ENGINE WHICH THOSE GUYS


LOVE TO DO, IT'S KIND OF


LIKE PLAYING OUT SOME KIND


OF EASY RIDER FANTASY AT MY


EXPENSE.


>> Rooney: BUT FROM NOW ON


THE EXPENSE WILL BE ON


MOTORCYCLEISTS.


THE NEW ORDINANCE WOULD


FORCE THEM TO PAY A $300


FINE UNLESS THEY HAVE THIS


EPA NOISE CONTROL STAMP ON


THEIR EXHAUST PIPES.


BUT AT LEAST ONE MOTORCYCLE


DEALER SAYS IT'S A BAD IDEA.


>> WITH THE LOUDER NOISE OR


EXTRA NOISE THAT THE PERSON


OR THE AUTOMOBILE IS GOING


TO HEAR IT COMING.


>> Rooney: CYCLES 128 OWNER


JOHN RICE SAYS BOSTON'S NEW


ORDINANCE COULD END UP


PENALIZING INNOCENT BIKERS


WHO OFTEN REPLACE THEIR


EPA-APPROVED PIPES WITH


CUSTOM ONES BECAUSE THEY


LOOK BETTER AND ARE SAFER.


>> AFTER-MARKET PIPES DON'T


NECESSARILY MEAN LOUDER.


>> BOSTON BIKERS MEANWHILE


SAY THE NEW RESTRICTIONS


INFRINGE ON A LIFESTYLE THAT


IS ALL ABOUT FREEDOM AND


SELF-EXPRESSION.


>> YOU AIN'T GOT SOME KIND


OF NOISE GOING ON, AND YOU


JUST GOT COMING OUT, LOOK AT


THAT [BLEEP] PARDON ME, YOU


KNOW.


SO YOU ARE GOING TO GET


COMMENTS FOR HAVING A SISY


[BLEEP] BIKE.


>> Rooney: KEN WHO HAS BEEN


RIDING SINCE HE WAS A


TEENAGER HAS A MESSAGE FOR


ANY COP LOOKING TO HIT HIM


WITH A FINE.


>> GET A LIFE.


>> AND MAYBE A TICKET.


ALL RIGHT W ME NOW IS BOSTON


CITY COUNCILER SAL LAMATTINA


WHO SPONSORED THE MOTORCYCLE


ORDINANCE AND PAUL COTE OF


THE JUSTICE RIDERS COMMITTEE,


WELCOME TO BOTH OF YOU.


>> THANK YOU.


>> Rooney: COUNCILLOR, WHAT


KINDS OF THINGS ARE PEOPLE


SAYING TO YOU, THE


COMPLAINERS?


>> WELL, AS YOU KNOW I


REPRESENT DISTRICT 1 WHICH


INCLUDES THE NORTH END.


AND I GOT A LOT OF


COMPLAINTS IN REGARDS TO THE


NOISE AT NIGHTTIMES WHEN


MOTOR CYCLIST WAS LEAVE


RESTAURANTS AND BARS AT 1:00


IN THE MORNING, REV THEIR


ENGINES AND DRIVE DOWN


HANDOVER STREET.


AND IN THE NORTH END, MOST


OF THE BEDROOMS ARE IN THE


FRONT OF THE BUILDING.


AND SO THIS WILL DISTURB THE


PEOPLE, WAKE THEM UP AND --.


>> Rooney: BUT HONESTLY S


THIS GOING TO CHANGE THAT?


>> HONESTLY ALL THIS IS A


TOOL.


>> Rooney: IT IS A DB LEVEL


T IS GOING TO BE THE SAME,


ESSENTIALLY.


>> THAT'S NOT TRUE.


I WAS OUT IN THE NORTH END


WEEK BEFORE LAST TAKING


NOISE READINGS, THERE ARE


SOME AREAS IN THE NORTH END


WHERE 55 DECIBELS WAS THE


NORM AT NIGHTTIME.


BUT OVER ON HANDOVER STREET


THERE WAS ONE CYCLIST WHO


WENT BY.


HE WASN'T REALLY THAT LOUD


BUT HE WAS LIKE 90 DECIBELS.


BUT IMAGINE FOUR OR FIVE OF


THEM LEAVING AT THE SAME


TIME.


>> Rooney: THAT'S STILL


GOING TO HAPPEN.


>> YEAH, BUT YOU ARE WAKE UP


THE NEIGHBORHOOD T A QUALITY


OF LIFE ISSUE FOR THE PEOPLE


THAT LIVE IN NEIGHBORHOODS.


AND WHAT I'M PROPOSING, THIS


ORDINANCE, IT'S A LAW.


IT'S AN ENVIRONMENTAL


PROTECTION AGENCY LAW, 1982,


REQUIRING ALL MOTORCYCLE


MANUFACTERED AFTER 1928 TO


HAVE 4 STAMP.


AND WHAT I'M LOOKING FOR IS


IF I'M HAVING A PROBLEM IN A


PARTICULAR NEIGHBORHOOD, COY


HAVE THE POLICE GO DOWN


THERE AND ADDRESS IT.


>> Rooney: ALL RIGHT, PAUL,


GIVE ME THE REASONS WHY THIS


IS A BAD IDEA.


I KNOW YOUR ORGANIZATION HAS


FILED AN INJUNCTION SAYING


IT IS IR -- IRREPARABLE HARM


WHICH SEEMS TO BE A STRETCH.


AND THE WHYED THAT SOMEHOW


THESE PIPES, THESE AFTER


MARKET PIPES ARE SAFER THAT


IS A BIT LAUGHABLE.


WHAT IS THE POINT OF HAVING


A MOTOR PSYCHE FELL YOU


CAN'T PUT ON AFTER MARKET


PIPES AND MAKE THEM LOUDER.


THAT IS THE WHOLE POINT.


SO LET'S GET THAT CLEAR.


THAT'S WHY PEOPLE, THAT'S YU


GET AND AFTER MARKET PIPE.


BECAUSE IT'S LOUDER.


>> FIRST, THANK YOU FOR


ALLOWING US TO COME ON.


OUR ISSUE IS TO THE ABOUT


NOISE.


IT'S ABOUT THE REPUG NANCY


OF THE ORDNANCE.


ABOUT A LOCAL GOVERNMENT


EXCEEDING ITS AUTHORITY AND


SUPERSEIZING WHAT IS ALREADY


ON THE BOOKS AT THE STATE


LEVEL AND IF I'M RIDING MY


BIKE FROM AIMS BURY THROUGH


ABOUT SEVEN COMMUNITIES TO


GET TO BOSTON, OR TO GET TO


WORK IN PEABODY, I SHOULDN'T


HAVE TO KNOW WHAT CITY AND


TOWN HAS WHAT ORDINANCE.


MY INSPECTION STICKER ON MY


BIKE SAYS I CAN RIDE


ANYWHERE IN MASSACHUSETTS.


IN THE FREEDOM TO RIDE IS


NOT A CONSTITUTIONAL ISSUE


BUT IT'S WELL-FOUNDED IN


CONSTITUTIONAL LAW THAT


THERE HAS TO BE SOME


CONSISTENCY WITH THE TRAVEL


LAWS IN THE COMMUNITY.


>> SO YOU HAVE TO AVOID


BOSTON.


I REALIZE THIS, THE STATE


HAS ITS OWN DECIBEL LEVEL


WHICH IS NOT EXACTLY WILDLY


ENFORCED EITHER BUT IT IS IN


EXISTENCE.


>> CORRECT.


AND LET'S MAKE NO MISTAKE


ABOUT IT, STRAIGHT PIPES ARE


ILLEGAL.


WE THERE'S NO DISPUTE ABOUT


THAT.


>> Rooney: TWO-THIRDS OF


MOTORCYCLES HAVE THEM.


>> I DON'T BELIEVE THAT.


>> Rooney: 50%.


>> THERE ARE 180,000


REGISTERED BIKES IN


MASSACHUSETTS ACCORDING TO


THE REGISTRY IN FAR AS


SEPTEMBER IN 2008.


AND I WOULD SAY PROBABLY


LESS THAN 10% HAVE STRAIGHT


PIPES.


>> Rooney: 70% HAVE


AFTER-MARKET PIPES.


>> THEY MIGHT HAVE AFTER


MARKET PIPES.


I PERSONALLY HAVE A 2005 V


STAR CLASSIC, A HONDA.


AND PRIOR TO THAT I HAD A


1979 OLD CA WHAT SACKI


POLICE BIKE.


IF I COULDN'T MOD I FEW OR


CHANGE MY PIPES WHEN THEY


WERE NO LONGER ANY GOOD OR


IF THE BIKE FELL DOWN OR IN


AN ACCIDENT, I AM NOT GOING


TO GET '79 PIPES IN 2009.


>> IT IS A GOOD POINT WHY


NOT GO AFTER THE PIPES AS


OPPOSED TO THE DECIBEL


LEVEL.


BECAUSE IT SEEMS TO ME THAT


IS THE ISSUE HERE.


THE EPA STAMPS THESE PIPES,


GIVES AWE APPROVAL.


BUT THEN EVERYBODY GOES AND


CHANGES THEM.


NOBODY'S CHECKING THE


STICKER.


>> THAT'S THE POINT.


THE POINT IS THAT EVERY


POLICE OFFICER DON'T HAVE A


NOISE --.


>> Rooney: NOBODY DOES.


>> I DO.


>> DO YOU?


>> YES, I DO.


THE AMERICAN MOTORCYCLE


ORGANIZATION GAVE ME A


$3,000 METER SO THAT WE


COULD EDUCATE RIDERS AS TO


WHAT THE DECIBEL LEVELS


WERE.


I HAVE TESTED OVER A


THOUSAND BIKES.


WE HAVE CONTESTED OVER 300


CITATIONS THAT HAVE BEEN


ISSUED FOR EXCESSIVE NOISE.


AND WON THEM.


WE'VE WON THEM AT THE CLERKS


LEVEL, AT THE TRIAL LEVEL.


AND WE'VE WON THEM AT THE


APPELLATE LEVEL WELCH HAVE


TWO DISTRICT COURT APPELATE


DECISIONS.


>> BUT I JUST HAVE TO SAY MY


AUDIT IS SIMPLE.


IT'S A LAW.


YOU NEED TO GET THESE --


>> IT'S NOT A LAW.


>> IT IS.


IT IS A FEDERAL LAW THAT YOU


NEED EPA STAMP AND IT'S


ILLEGAL TO PUT CUTOFFS AND


REMOVE YOUR MUFFLER SYSTEM


AND ADD YOUR OWN MUFFLER


SYSTEM.


IT'S ILLEGAL.


>> THIS IS WHAT -- THIS IS


WHAT THE COURTS ARE FOR,


BECAUSE WE DIDN'T HAVE THE


OPPORTUNITY TO SIT DOWN AND


TALK PRIOR TO YOU FILING THE


ORDINANCE AND ONCE IT WAS


FILED AND IT WAS HASTILY


RUSHED THROUGH, IT'S


ARBITRARY, CAPRICIOUS AND


NOT WELL THOUGHT OUT.


FIRST OF ALL THE EPA


STANDARD IS A MANUFACTURER


STANDARD, NOT A CONSUMER.


IT'S TO PROTECT THE CONSUMER,


NOT THE MANUFACTURER.


IT'S SELF-EXPIRING WITHIN A


YEAR THERE IS AN ACOUSTIC


INSURANCE PERIOD.


WITHIN A YEAR 3730 MILES


THERE IS NO GUARANTEE THAT


IT NO LONGER MEETS THAT.


>> BUT THE EPA STAMP IS


ABOUT ADMISSION --


EMISSIONS.


>> NOISE EMISSIONS AND


EMISSIONS.


>> Rooney: IS IT.


>> ABOUT NOISE AND POLLUTION,


IT'S BOTH.


THAT IS ALL I WAS TRYING TO


DO.


I'M LOOKING FOR A TOOL, SO


MY CONSTITUENTS IN THE NORTH


END OR ANYWHERE IN BOSTON


ARE HAVING PROBLEMS WITH


MOTORCYCLEIST KOS GO DOWN


THERE AND MAKE SURE THAT


THEY HAVE A STAMP.


>> RESPECTFULLY IF IT'S


ABOUT NOISE.


>>> I SAW YOU EITHER AT THE


HEARING OR ON ANOTHER SHOW


IN ESSENCE SAY WHEN THE BARS


AND COFFEE HOUSES AND THE


CLUBS AND RESTAURANTS CLOSE


DOWN AT 1:00, IT'S VERY


NOISY, EVERYBODY LEAVING.


SIMPLE SOLUTION IF IT IS


ABOUT NOISE, CLOSE THEM AT


8:00 THEN.


>> NO, NO, LISTEN.


>> YOU DON'T WANT TO DO


THAT.


>> PAUL, I WELCOME YOU AND


ALL YOUR MOTORCYCLEISTS TO


COME TO BOSTON, TO THE NORTH


END.


AND PARK RIGHT ON CROSS


STREET FOR EXAMPLE THERE A


PARKING GARAGE.


PARK OUTSIDE THE


NEIGHBORHOOD.


>> EXCUSE ME.


>> THAT IS NOT WHAT WRB --


>> WE CAN'T PARK BIKES IN


PARKING GARAGES BECAUSE THEY


WON'T LET US.


>> Rooney: IS THAT RIGHT.


>> WE HAVE THAT ISSUE WITH


THE CITY OF BOSTON ALSO


BECAUSE ONE, THEY, INSIDE A


GARAGE, THEY, THE NOISE IS


WORSE.


>> DID YOU FIGHT THE HELMET


RULE WITH YOU TOO.


>> ABSOLUTELY.


>> I WAS YOU ON THAT ONE.


>> THANK YOU.


>> AND IT'S GOING TO BE


ABOUT ECONOMICS.


WE ARE AT THE HARD ROCK CAFE


MONDAY NIGHT WELL WE HAD


APPROXIMATELY 100 PEOPLE


THERE RALLYING.


AND NO CITATIONS WERE ISSUED.


>> Rooney: ALL RIGHT, WE'RE


TO THE GOING SOLVE THIS


PROBLEM HERE.


I GOT TO WRAP THIS UP.


SO.


>> I'M SORRY.


>> THANKS FOR COMING HERE.


>> THANK YOU.


>> THANK YOU.


>> ALL RIGHT, WHEN WE


CONTINUE, THE MOVIE MAGIC


THAT ORIGINATED IN CAMBRIDGE.