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An Act To Reduce Noise Pollution by Requiring Mufflers on Motorcycles
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §1912-A  is enacted to read:
§ 1912-A. Motorcycle exhaust systems
 
1.  Exhaust mufflers.     A person may not operate a motorcycle manufactured after December 31, 1982 unless it is equipped with an exhaust muffler bearing the federal Environmental Protection Agency-required labeling applicable to the motorcycle's model year in accordance with 40 Code of Federal Regulations, Part 205, Subparts D and E.
 
2.  Penalty.     A person who violates this section commits a traffic infraction for which a fine of not less than $500 for the first offense, not less than $750 for a 2nd offense and not less than $999 for a 3rd or subsequent offense may be adjudged, except that if the person presents proof that the motorcycle has been brought into compliance with this section within 15 days after the citation, excluding Saturdays, Sundays and holidays, the court shall impose the fine as follows:
 
A.  For the first offense:
 
(1) If the person does not commit a violation of this section within one year after the citation, the court shall waive the fine; or
 
(2) If the person commits a violation of this section within one year after the citation, the court shall impose the full amount of the fine;
 
B.  For a 2nd offense:
 
(1) If the person does not commit a violation of this section within one year after the citation, the fine is $250; or
 
(2) If the person commits a violation of this section within one year after the citation, the court shall impose the full amount of the fine; and
 
C.  For a 3rd offense:
 
(1) If the person does not commit a violation of this section within one year after the citation, the fine is $499; or
 
(2) If the person commits a violation of this section within one year after the citation, the court shall impose the full amount of the fine.
 
SUMMARY
This bill requires that all motorcycles manufactured after 1982 must be equipped with an exhaust muffler bearing the federal Environmental Protection Agency-required labeling applicable to the motorcycles' model year. This bill provides that a person who violates the requirement may be subject to a fine of at least $500 for the first offense, $750 for a 2nd offense and $999 for a 3rd or subsequent offense. The bill also provides that the fines may be reduced if a person brings the motorcycle into compliance within 15 business days after the citation and does not commit another violation within a year.