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I am aware of the new law. Last session, we took great pains to alert our Connecticut contacts to this legislation (see attached). I do not believe that we received a strong response. To follow below is a letter that I wrote to the Judiciary Committee chairman (by coincidence, his name is McDonald as well) when the bill was being considered. I have also attached a copy of our model bill which can be adapted to the needs of your state. The model does not include a provision for actual testing, but can be modified (as it was in California and Maine) to mandate state-sponsored testing. I encourage you to bring this information to the attention of your state legislators. Remember, they are elected by and work for you and your car club contacts.

In some states, we have been pushing for noise limits for modified exhaust systems, applicable to an easy to administer test standard. These limits are usually indicated in decibels and allow vehicle owners to prove compliance by an objectively measured fair and predictable procedure. In California, for example, we made provision for the testing of vehicle exhaust noise to a standard adopted by the Society of Automotive Engineers (SAE) to an established noise limit of 95-decibels (SAE J1169). A 95-decibel limit has also been enacted in Washington State and Maine and legislation is also being considered this year in New Hampshire. The alternative, currently in effect in Connecticut, is to have law enforcement authorities make a subjective interpretation of a modified vehicle's exhaust noise level as compared to the noise emitted by the vehicle's original muffler. We find this unacceptable as a method to cite for violation of the vehicle code and certainly unfair to the many law-abiding and responsible Connecticut motorists who choose to customize their vehicles and have no connection to street racing or gang related activity.

Thanks for your interest. I also encourage you to join the SEMA Action Network which will enable you to receive notice of bills like these when they are introduced. I will have our Action Network Director (Conrad Wong) contact you by e-mail with all of the necessary information. We are available to work with you to see that the law is changed in CT.

Steve McDonald
SEMA

Dear Chairman McDonald:


On behalf of the Specialty Equipment Market Association (SEMA), I am writing to request your opposition to House Bill 5145 when it is heard by the Judiciary Committee. H.B. 5145 would increase the fine to $150 for violation of the state's current motor vehicle exhaust noise law. Current Connecticut law prohibits "excessive, unusual or unnecessary exhaust noise" but fails to define these terms. H.B. 5145 does not supply law enforcement officers with a clear standard to enforce, allowing them to make subjective judgments on whether or not a modified exhaust system is in violation. Connecticut's vehicle enthusiasts find this unacceptable as a method to cite for violation of this law and certainly no basis for increasing the fine so dramatically.


SEMA is a trade association made up of 4,900 businesses in Connecticut and around the country that manufacture, rebuild, distribute and retail parts and accessories for motor vehicles. The products manufactured by our member companies include functional, restoration, performance and styling enhancement products for use on passenger cars, trucks and special interest vehicles. We represent a $27 billion a year industry. Our market is the many Connecticut constituents that modify their vehicles for improved performance and utility. These vehicle hobbyists unanimously oppose this bill.


All will agree that motor vehicle exhaust systems should not be used in a way that causes overly loud or objectionable noise. However, H.B. 5145 adds substantial fines to a state law that could, if applied inappropriately, prohibit exhaust systems that result in even modest and inoffensive noise increases. Modified exhaust systems are preferred by motorists less because of their distinctive sound, but rather for their benefits to performance, durability, appearance and improved vehicle fuel efficiency.


There is a solution. The best and most fair method to address noise concerns is by instituting a noise decibel limit. In some states, noise limits for modified exhaust systems are established and measured by an easy to administer, objective and predictable test standard. California, for example, provides for the testing of vehicle exhaust noise to a standard adopted by the Society of Automotive Engineers at a noise limit of 95-decibels. A 95-decibel limit has also been enacted in Washington State and similar legislation is being considered this year in Maine and New Hampshire.


Thank you for consideration of our views. I would be happy to work with you or your staff to find satisfactory alternative language that will not discriminate unfairly against the many law-abiding Connecticut motorists who choose to customize their vehicles responsibly. I can be reached by telephone at 202/783-0864 or by e-mail at stevem@sema.org


Sincerely,

Stephen B. McDonald

SEMA Director, Government Affairs

1317 F Street, NW, Suite 500

Washington, D.C. 20004

202/783-0864

stevem@sema.org

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2002 Bright-Red Firehawk # 35.
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