Current law's author: Lower motorcycle decibels now ...

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CONCORD ? The state representative who authored the existing statute governing motorcycle noise limits in 1993 on Thursday told the Senate Transportation Committee that he believes he made a mistake.

"I thought 106 decibels (of noise from a motorcycle) was right," Rep. Sherm Packard, R-Londonderry, testified Thursday. "In hindsight, we were wrong; it should have been lower."

Packard, chairman of the House Transportation Committee, made that statement as he testified in support of House Bill 1442 before the Senate committee. The representative from Londonderry was instrumental in crafting an amendment to the bill that allowed passage of the bill by the House overwhelmingly earlier this year.

While much of the testimony Thursday mirrored what the House had heard earlier, there were some significant differences. First, while Representatives' Hall was almost filled during the public hearing on the bill in the House, far fewer people attended the Senate hearing.

Most importantly, however, was the fact that while just about an equal number of people testified for and against the bill in the House, the testimony before the Senate committee was overwhelmingly in support of the amended bill. In fact, no motorcycle riders spoke during the Senate hearing, while a good number spoke in opposition to the bill in the House.

The only opposition heard Thursday came from two state representatives; Kyle Tasker, R-Nottingham, and Jim Webb, R-Derry.

"A baby crying is 110 decibels," Tasker told the committee. "There are a lot of things louder, (so) why are we singling out motorcycles?"

Webb agreed and called the bill "discriminatory." He said the legislation was not supported by the majority of motorcycle dealers he spoke to, targets out-of-state motorcycle riders and would have a detrimental impact on the state's economy since it would impact events such as the Lakes Region's Bike Week.

Webb's assessments were challenged by several of the speakers who followed him.

George Mullin, the owner of Souhegan Motor Sports, a motorcycle dealer in Milford, told the committee he supported the bill.

"The testing (outlined in the bill) is a good first step in solving the problem," Mullin said.

Dan Bennett, an environmental specialist with the New Hampshire Auto Dealers Association, the organization that represents automotive and motorcycle dealers in the state, said that while his members have traditionally opposed any changes to the allowable limits on motorcycle noise, they now support HB 1442.

"We did field testing in New Hampshire. We did a lot of homework," Bennett told the Senate committee Thursday. "We really do believe that the amended bill serves as a solution (to the problem of excessive motorcycle noise)."

Representatives of law enforcement again turned out in support of the bill, just as they did during the hearings in the House. Present at the Senate hearing were North Hampton Police Chief Brian Page, Rye Police Chief Kevin Walsh and State Police Sgt. Stephen Kace.

"I am testifying in favor of the bill on behalf of the (state) Department of Safety," Kace said. "This is a suitable bill, and a vast improvement over our current statute and testing procedures."

Kace also said that the current law does not allow New Hampshire law enforcement to ticket out-of-state motorcyclists for excessive noise, but that instituting the provisions of HB 1442 "would not have a negative impact" on those riders.

"There would be no targeting, no blockade at the borders," the state police sergeant said.

Page and Walsh testified that the method of determining the decibel levels coming from motorcycles under the current statute does not lend itself to roadside testing. The proposed testing more easily allows officers to check a motorcycle to make sure its sound does not exceed the 92 decibels called for in the proposed bill while idling, they said.

However, because the proposed law also changes the way police would measure motorcycle noise ? from testing while bike engines are revved, to testing idling bikes ? there will be no change in the noise levels come from legal motorcycles under this bill, said Al Contis, owner of Seacoast Harley-Davidson in North Hampton.

The Senate committee will now deliberate what recommendation it will make to the full Senate as regards this bill. No date has been set for that decision.

Elizabeth Dinan contributed to this report.

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