Thunder Roads April Issue | Page 33

ews Bytes seven minutes at 74mph or three minutes at 87mph, research has found. The study, carried out by Germany’s automobile association, ADAC, has shown that riding a motorbike at 62mph typically generates a wind noise of 95dB, which can permanently damage hearing after a quarter of an hour. At 74mph, the wind noise can be expected to reach 98dB, which will prove harmful after just seven minutes of exposure. Motorcyclists who regularly ride at highway speeds without earplugs are at risk of Noise Induced Hearing Loss (NIHL), which can occur when exposed to long or repeated sounds 85dB or above. Prolonged exposure could result in tinnitus, a form of permanent ringing in the ears. Helmets don’t help, and it isn’t the sound of the motorcycle causing all the noise; “It’s the wind noise that can cause permanent hearing loss,” explains Ohio A.I.M. Attorney Ralph Buss, who has represented a client who was ticketed for wearing earplugs. Using earplugs in Ohio while operating a vehicle has been illegal since 1989 and the law, which was enacted largely in response to stereo headphones in cars, doesn’t allow earplugs to be worn by motorcyclists or motorists. That may soon change if ABATE of Ohio has its way, as legislation has been introduced to permit motorcyclists to wear earplugs for hearing protection. HB548 was introduced on March 13 by Representative Riordan McClain (R-Upper Sandusky) and would add motorcycle riders to a short list of mostly emergency personnel who are exempted from the law. Similarly, a law in California allowed only for “custom earplugs,” but was amended in 2004 to allow individuals to wear earplugs that don’t block the sounds of horns or emergency sirens. ALOHA FREEDOM OF CHOICE Resolutions have been introduced in the Hawaii legislature on March 1st “Urging the Department of Transportation to submit legislation for a universal helmet law in Hawaii requiring all operators and riders of motorcycles, motor scooters, mopeds and bicycles to wear safety helmets.” The partisan Democratic measures, House Resolution 41 and House Concurrent Resolution 53, call for the DOT to expedite implementation of its strategic goal for motorcycle, motor scooter, and moped safety by submitting legislation for a universal helmet law by the Regular Session of 2019. Both await consideration in the House Transportation Committee. The Aloha State is currently one of 31 states that allow adult riders to choose to wear a helmet, with 19 states requiring all motorcyclists to wear approved headgear. CALIFORNIA INTRODUCES ANTI-PROFILING BILL Anti-profiling legislation, Assembly Bill No. 2972, has been introduced in the California legislature to define the term “motorcycle profiling” and prohibit peace officers from engaging in motorcycle profiling. Introduced February 16, 2018 by Assemblymember Anna Marie Caballero (D-Salinas), AB2972 would define the term “motorcycle profiling” as the illegal consideration of the fact that a person is riding a motorcycle or wearing motorcycle or motorcycle club-related clothing as a factor in law enforcement decisions. Further, the bill stipulates that “A person who has been subjected to motorcycle profiling in violation of this section has a private right of action to enjoin that action and to seek damages, including punitive damages and reasonable attorney’s fees and court costs, against the peace officer and the employing agency of the peace officer.” Several other states have considered bills to prohibit profiling motorcyclists, but Washington became the first state to pass such a law in 2011, followed more recently by Maryland in 2016. In addition, two bills in Congress seek to end profiling of motorcycle riders on the federal level; H.Res.318 and S.Res.154 -- “Promoting awareness of motorcycle profiling and encouraging collaboration and communication with the motorcycle community and law enforcement officials to prevent instances of profiling.” PORTSMOUTH POLICE PREPARE TO ENFORCE MOTORCYCLE NOISE LEVELS Police in Portsmouth, New Hampshire are making efforts to address loud motorcycles this riding season, as Police Commission Chairman Joe Onosko, citing complaints about motorcycle noise, has called for stricter enforcement of noise laws. Police Chief Robert Merner said he is aware of a proposed ordinance currently in a Senate committee that would ban “motorcycle-only checkpoints,” but added that he has ordered decibel reading equipment for his officers to be used citywide. The Portsmouth Herald newspaper reported that Merner said enforcement of noise levels will begin in the spring during motorcycle season. However, a New Hampshire Superior Court has previously ruled that towns cannot impose their own noise limits that are stricter than state law. QUOTABLE QUOTE: “Someone is sitting in the shade today because someone planted a tree a long time ago.” ~ Warren Buffet, Investor and Philanthropist www.thunderroadslams.com | April 2018 | Thunder Roads Magazine Louisiana/Mississippi 31