Another Noise Regulation Victim
Thread Starter
|
6th Gear
Joined: Feb 2011
Posts: 13
Likes: 0
It,s all about the damn EPA Sticker in Boston. The enforcement in the North End can be feirce, especially when riding with a group of freinds. They ticket bikes while they are parked. No EPA label = $80.00 ticket. Funny thing is you can completly hollow out stock pipes and your,re fine as long as that Cert is still visable.
Outstanding HDF Member
Joined: Jan 2010
Posts: 2,264
Likes: 10
From: Rhode island
Then maybe you should get these
http://www.americancustom.com/index....let/the-bullet
and put no baffles in them to really say FU to them
http://www.americancustom.com/index....let/the-bullet
and put no baffles in them to really say FU to them
Elite HDF Member
Joined: Jul 2007
Posts: 3,891
Likes: 54
From: Mansfield, MA
If you or anyone you know has been specifically ticketed for the EPA stamp, read the following and make the appropriate contacts. Let the MMA know
PRESS RELEASE
FOR IMMEDIATE RELEASE: November 14, 2010
For more information, contact:
Paul W. Cote, 978-535-8222; claimscote@aol.com
Joseph S. Provanzano, Esquire, 978-535-8222; ProvanzanoLaw@aol.com
Local Motorcyclists Await City's Stamp Act Brief
(Boston, MA) Massachusetts’ Motorcycling Activists seeking to strike down an Ordinance, enacted June 2009 that would fine Motorcyclists $300 if they parked within the city limits without an Environmental Protection Agency "stamp" readily visible on their exhaust system, expect to have the City's appeal brief early next week.
Although the City of Boston Passed this ordinance more than eighteen months ago, it has not yet enforced the ordinance or issued tickets due to the Motorcyclists’ legal activism. The Activists, who call themselves of the "Justice Riders" and include all members of the Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.), take satisfaction in the legal caveat that has abated Boston’s enforcement of this repugnant ordinance.
"The City's brief is due with the Court and us on or by November 15th," said famed Massachusetts Motorcycling Attorney Joseph S. Provanzano, of Peabody, representing the five area motorcycle activists who filed suit against the City's ordinance.
The Motorcyclists contest Boston’s authority to enact and enforce the ordinance calling for a $300 fine if an EPA stamp, required for manufacturers to install on new motorcycles, is not "readily visible" to law enforcement officers on a running or parked motorcycle within the City Limits as unfair and in conflict with existing State laws and regulations governing motorcycle exhaust systems.
The Justice Riders claim the State has existing statues dealing with motorcycle exhausts and inspections, and city and town police are required to follow those State laws.
"A State Inspection sticker on my motorcycle says I comply with the statutes and regulations, whether I'm in Amesbury or Boston or Worcester or anywhere in the State," said Paul W. Cote, one of the Plaintiffs in the suit filed immediately after the Boston City Council enacted the 2009 Ordinance.
"The City's Ordinance is repugnant to State statutes," continued Cote.
This past March, Superior Court Judge Charles T. Spurlock dismissed the bikers case writing since the City had not issued any citations against the five plaintiffs, they had "no standing" to bring the suit. The bikers appealed that decision to the Appeals Court, filing their Brief September 10th.
The City had 30 days to filed their responsive Brief, but requested additional time which the Court granted to November 15th.
"We hope the Appeals Court deals with the authority issues," said Bill Gannon of Quincy, "because we'll be back in Court once the first $300 fine is issued. The City is not going to dig out of it's budget woo's off the backs of motorcyclists by raping our wallets with this $300 compost ticket.
A copy of the motorcyclists’ appeals brief can be viewed on www.JusticeRider.com web site.
PRESS RELEASE
FOR IMMEDIATE RELEASE: November 14, 2010
For more information, contact:
Paul W. Cote, 978-535-8222; claimscote@aol.com
Joseph S. Provanzano, Esquire, 978-535-8222; ProvanzanoLaw@aol.com
Local Motorcyclists Await City's Stamp Act Brief
(Boston, MA) Massachusetts’ Motorcycling Activists seeking to strike down an Ordinance, enacted June 2009 that would fine Motorcyclists $300 if they parked within the city limits without an Environmental Protection Agency "stamp" readily visible on their exhaust system, expect to have the City's appeal brief early next week.
Although the City of Boston Passed this ordinance more than eighteen months ago, it has not yet enforced the ordinance or issued tickets due to the Motorcyclists’ legal activism. The Activists, who call themselves of the "Justice Riders" and include all members of the Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.), take satisfaction in the legal caveat that has abated Boston’s enforcement of this repugnant ordinance.
"The City's brief is due with the Court and us on or by November 15th," said famed Massachusetts Motorcycling Attorney Joseph S. Provanzano, of Peabody, representing the five area motorcycle activists who filed suit against the City's ordinance.
The Motorcyclists contest Boston’s authority to enact and enforce the ordinance calling for a $300 fine if an EPA stamp, required for manufacturers to install on new motorcycles, is not "readily visible" to law enforcement officers on a running or parked motorcycle within the City Limits as unfair and in conflict with existing State laws and regulations governing motorcycle exhaust systems.
The Justice Riders claim the State has existing statues dealing with motorcycle exhausts and inspections, and city and town police are required to follow those State laws.
"A State Inspection sticker on my motorcycle says I comply with the statutes and regulations, whether I'm in Amesbury or Boston or Worcester or anywhere in the State," said Paul W. Cote, one of the Plaintiffs in the suit filed immediately after the Boston City Council enacted the 2009 Ordinance.
"The City's Ordinance is repugnant to State statutes," continued Cote.
This past March, Superior Court Judge Charles T. Spurlock dismissed the bikers case writing since the City had not issued any citations against the five plaintiffs, they had "no standing" to bring the suit. The bikers appealed that decision to the Appeals Court, filing their Brief September 10th.
The City had 30 days to filed their responsive Brief, but requested additional time which the Court granted to November 15th.
"We hope the Appeals Court deals with the authority issues," said Bill Gannon of Quincy, "because we'll be back in Court once the first $300 fine is issued. The City is not going to dig out of it's budget woo's off the backs of motorcyclists by raping our wallets with this $300 compost ticket.
A copy of the motorcyclists’ appeals brief can be viewed on www.JusticeRider.com web site.
Elite HDF Member
Joined: Jul 2007
Posts: 3,891
Likes: 54
From: Mansfield, MA
MMA UPDATE-BOSTON SOUND ORDINANCE
Monday, May 3, 2010, the Boston Globe printed an editorial entitled, Motorcycles “Loud Pipes, Real Gripes” in and around Boston: http://www.boston.com/yourtown/arlin...all#readerComm
With the release of this new appeal by the Boston Globe, the MMA urges ALL RIDERS who find themselves cited to immediately contact the MMA at LegislativeDirector@MassMotorcycle.org with details concerning the citation. The MMA is committed to support its members in the fight against this legislation.
The “Boston Noise Ordinance” is based on the existence of an EPA embossed “stamp” on a motorcycle that purportedly signifies compliance with “factory sound emission” standards. Massachusetts State Law does not require your motorcycle carry this EPA stamp and the MMA challenges Boston’s attempt to regulate motorcycle riders through this flawed legislation.
As previously reported by the MMA, Boston passed this “noise ordinance” on June 3, 2009, saw an *****ction issued in July 2009, and then saw the 3rd party lawsuit challenging this ordinance dismissed on March 26, 2010.
In contrast to the intimation by City Councilor Sal LaMattina, no citations have yet been issued by the Boston Police since the ordinance went into effect. The “focus” actually refers to an awareness campaign in which Boston Traffic Enforcement left pamphlets concerning Motorcycle Noise on bikes parked in the city.
Acknowledging that responsibility begins with the rider, the MMA reminds Riders that motorcycle sound levels are easily controlled and discretion is urged in urban and evening environments, when sound levels are most noticeable.
Riders are also reminded to remain vigilant and notify MMA Officials each and every time local noise ordinances or bylaws are proposed in their communities.
For more information, contact LegislativeDirector@MassMotorcycle.org or visit http://www.MassMotorcycle.org
Monday, May 3, 2010, the Boston Globe printed an editorial entitled, Motorcycles “Loud Pipes, Real Gripes” in and around Boston: http://www.boston.com/yourtown/arlin...all#readerComm
With the release of this new appeal by the Boston Globe, the MMA urges ALL RIDERS who find themselves cited to immediately contact the MMA at LegislativeDirector@MassMotorcycle.org with details concerning the citation. The MMA is committed to support its members in the fight against this legislation.
The “Boston Noise Ordinance” is based on the existence of an EPA embossed “stamp” on a motorcycle that purportedly signifies compliance with “factory sound emission” standards. Massachusetts State Law does not require your motorcycle carry this EPA stamp and the MMA challenges Boston’s attempt to regulate motorcycle riders through this flawed legislation.
As previously reported by the MMA, Boston passed this “noise ordinance” on June 3, 2009, saw an *****ction issued in July 2009, and then saw the 3rd party lawsuit challenging this ordinance dismissed on March 26, 2010.
In contrast to the intimation by City Councilor Sal LaMattina, no citations have yet been issued by the Boston Police since the ordinance went into effect. The “focus” actually refers to an awareness campaign in which Boston Traffic Enforcement left pamphlets concerning Motorcycle Noise on bikes parked in the city.
Acknowledging that responsibility begins with the rider, the MMA reminds Riders that motorcycle sound levels are easily controlled and discretion is urged in urban and evening environments, when sound levels are most noticeable.
Riders are also reminded to remain vigilant and notify MMA Officials each and every time local noise ordinances or bylaws are proposed in their communities.
For more information, contact LegislativeDirector@MassMotorcycle.org or visit http://www.MassMotorcycle.org
Thread
Thread Starter
Forum
Replies
Last Post
