The Problem:

Noise pollution caused by modified (to increase exhaust noise) or defective mufflers is a growing problem in Astoria. These noisy automobiles, SUVs, pick-up trucks and motorcycles make as much or more noise as large trucks or buses, and are heard from blocks away. Besides being annoying and disruptive, such vehicles cause direct and cumulative adverse health effects. The right to quiet is a fundamental human right. Astorians For Liveable Neighborhoods (ALN) has urged the City of Astoria to take action in order to stop this dangerous trend and protect the health and well-being of its residents. The City has taken no effective action in keeping Astoria and its streets livable and quiet.

Oregon Laws Pertaining To Vehicle Exhaust Noise:

1.     Causing Unreasonable Noise With a Vehicle (see footnote #1):

Under Oregon Revised Statute (ORS) 815.025, a person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle.

2.     Operating A Vehicle Without A Proper Exhaust System (see footnote #2):

Under Oregon Revised Statute (ORS) 815.250, a person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets all the following requirements:

§        be in good working order and in constant operation; and

§        meet noise emission standards determined by the Department of Environmental Quality (DEQ) to be substantially equivalent to standards (footnote #3) based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the DEQ.

These noise emission standards establish maximum decibel levels for vehicles based on vehicle type and model year. Refer to Footnote #3 below for the noise emission standards.

Former Police Chief Deu Pree:

Former Police Chief Deu Pree’s position on vehicle noise in Astoria was that there was no verifiable problem, and no evidence of vehicles causing excessive or unreasonable noise. During his reign as Chief, Deu Pree’s told ALN that his officers were not trained to make subjective decisions about vehicle noise.

Deu Pree considered it beyond the officer’s ability to judge, by listening, if a muffler was not in good working order or loud, or if sound was unnecessary or unreasonable. Deu Pree threw common sense out the window with his position that a police officer has to be a mechanic, engineer or have technical training to know that a vehicle:

§        is not equipped with a muffler;

§        emits an offensive, harsh, or excessive noise;

§        has a defective exhaust system with holes or leaks;

§        has a muffler in which baffles contained in the muffler have been removed, damaged or destroyed; or

§        is equipped with muffler cutout, or bypass.

The Astoria Police Department’s (APD) philosophy about not enforcing subjective, or any vehicle noise laws, is clearly evident. During the 14 month period from 1/1/06 through 2/28/07, no vehicle noise violation citations were issued in the entire City.

APD’s Efffort to Enforce Vehicle Noise Laws Fails:

By its own admission, the APD does not enforce Oregon’s or Astoria’s vehicle noise laws. In 2006 when ALN inquired about enforcement practices, the APD didn’t even own a sound (decibel) meter  which is necessary for enforcing ORS 815.250 (2)(c).

As a result of complaints from the ALN, the APD made an effort to enforce ORS 815.250 during a two week period in October 2006. Because the APD did not own a sound meter, it had to borrow one. During that period, the APD noted only one vehicle exceeding the noise level allowed by statute, and the driver of the noisy vehicle was not cited. APD’s effort to enforce ORS 815.250 was doomed from the start because of failure to follow the proper procedures required by ORS 815.250. The results reported by the APD were meaningless.

Statutory Method For Measuring Vehicle Noise:

ORS 815.250(2)(c) requires that an exhaust system must meet noise emission standards measured in decibels (see footnote #3) based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the DEQ.

DEQ procedures for stationary motor vehicle sound level measurement specify that:

§        vehicle being tested is stationary.

§        noise level is measured with a decibel meter.

§        decibel meter’s microphone is located 25 feet, plus or minus 6 inches, from the rear or either side of the vehicle to be tested. The locus of points along this 25-foot distance is the microphone line.

§        decibel meter’s microphone is located at the point along the microphone line at which the maximum sound level occurs.

§        vehicle being tested is in a neutral gear.

§        engine is at normal operating temperature.

§        throttle is fully open.

§        highest sound level observed, exclusive of peaks due to unrelated ambient noise, is recorded.

§        decibel level measured is compared to maximum decibel level standards allowed under ORS 815.250(2)(c) (see footnote #3).

APD’s Method For Measuring Vehicle Noise:

§        officer sits in a parked patrol vehicle  (WRONG);

§        noise level is measure using a decibel meter as a vehicle passes by  (WRONG).

Why The APD Method Is Wrong:

The maximum noise levels of ORS 815.250(2)(c) were established based on specific measurement procedures established by the DEQ. To apply such standards to decibel noise level measurements derived via other test means is wrong. APD does not understand the law and the required procedure for measuring:

§        APD is confused that the vehicle being tested is stationary, not the police vehicle.

§        APD does not measure exhaust noise when tested vehicle is at full throttle.

§        APD does not measure sound at the required distance of 25 feet.

Why Does the APD Use an Incorrect Method:

Whether the APD employs an incorrect method is caused by lack of officer training or other reasons is unclear. The bottom line is that the APD does not, and cannot, properly enforce ORS 815.250(2)(c). Any conclusions or statements made by former Chief Deu Pree regarding enforcement of this statute are misleading and incorrect. It should be noted that at an October 17, 2006 meeting with the ALN, Chief Deu Pree was advised by the ALN that the APD noise measuring procedure was wrong. Chief Deu Pree ignored the advice.

Footnotes:

1.     ORS 815.025 - Causing Unreasonable Noise With Vehicle:

A person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle. (2) The offense described in this section, causing unreasonable noise with a vehicle, is a Class D traffic violation.

2.     ORS 815.250 - Operation Without Proper Exhaust System; Exemptions; Penalty:

A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section. (2) An exhaust system only meets the requirements of this section if all of the following apply: (a) The exhaust system must be in good working order. (b) The exhaust system must be in constant operation. (c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality. (3) This section does not apply to the following vehicles: (a) Vehicles of special interest that are registered under ORS 805.020 and that are: (A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or (B) Street rods that conform to ORS 815.107. (b) Road machinery, road rollers or farm tractors. (c) Antique motor vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property. (4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section. (5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation.

3.     ORS 815.250 (2)(c) Noise Emission Standards:

                    Maximum Level

Vehicle type                    dBA                Model Year

I. Motor vehicles

required to establish a

registration weight

under ORS 803.430

& commercial buses        

                                        94 …………. before 1976

                                        91 …………. 1976 and after

II. Motorcycles & mopeds                    

                                        94 ................. before 1976

                                        91 …………. 1976 and after

                                        89 …………. after 1976

III. Motor vehicles

not described under I or II

                                        92 …………... before 1976

                                                  88 …….…….. 1976 and after