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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
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