New York City Follows Denver's Lead With Motorcycle Exhaust Noise Law

The Denver boot has been Denver’s most infamous export to the world of motor vehicle law. But now Denver has a new export—the city’s onerous motorcycle exhaust law.

New York City adopted a much-enhanced version of the law, and the sponsoring councilman directly credited Denver’s contentious ordinance.

“It gives police "an extra tool to get at what is truly a serious problem," said Councilman Alan Gerson (D-Manhattan), who said he crafted the bill based on a law in use in Denver.

The key provision is the requirement that motorcycle exhaust systems bear an EPA stamp, or trouble is sure to follow. As the law was adopted, a first conviction carries a maximum $1,000 fine and temporary confiscation of the bike until the penalty is paid. A second conviction hikes the maximum fine to $2,500 and imposes permanent forfeiture of the vehicle.

Denver’s version calls for a $500 fine and appearance in environmental court—considered to be more friendly to prosecutors by some.

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.

The standard around the country has been actually recording and proving a motorcycle exhaust is exceeding 80db. Denver’s law, and now New York’s, bypass that requirement, relying on the “it looks loud” standard for conviction. Supporters say current enforcement methods haven't worked because they require cops to be present to hear the noise or to monitor it with noise meters.

Initial reaction to the law was fierce and delayed its implementation for some fine tuning.

Bikers picked up a potent ally in Councilman Leroy Comrie (D-Queens), the deputy majority leader, who pushed for changes in the legislation. He said that most motorcyclists are law-abiding and shouldn't be penalized for the too-noisy few.

Comrie and Councilman Peter Vallone Jr. (D-Queens), whose Public Safety Committee has jurisdiction over the bill, said Council lawyers and staffers have conferred on the bill with motorcycle activists to work out a compromise.

The bike confiscation provision is likely to be changed to make it applicable only after a third violation, rather than after a second, as in the original bill, said Vallone.

Meanwhile, Denver’s law, is mired in the appellate court system after a ticket issued last summer began working its way through the legal system. The decision of that case could potentially affect the New York law, and the implementation of similar laws by other Colorado cities.