Saturday, November 2, 2002
Readers Write: Time to enforce vehicle noise law
The Daytona Beach News-Journal
I recently spent my usual tranquil weekend in New Smyrna Beach protecting my ears but still suffering from the unlawful noise created by motorcycles and their riders. I have absolutely nothing against bikers (I used to be one until I decided an automobile was more comfortable and a lot more quiet) and welcome bikers to New Smyrna Beach just as I do all lawful visitors. The key words here are "lawful visitors."
By lawful visitors, I refer to those bikers who conform to Florida Statute 403.415, the Florida Motor Vehicle Noise Prevention and Control Act of 1974. This not-so-recent law sets forth noise restrictions as they relate to automobiles and motorcycles. It directs our law enforcement officers to ensure that no motor vehicles operating in our communities exceed the noise limits applied to new automobiles and motorcycles. It prohibits motor vehicle dealers from selling motorcycles or equipment that exceed the noise limit and prohibits bikers from altering motorcycles so that they exceed the noise level allowed by law.
If you want to observe a legal motorcycle in conformance with noise law, listen to a police motorcycle. It emits no more noise than a legal automobile and is in no way offensive.
My anger at having my weekend illegally disturbed by motorcycle noise is not aimed at bikers. Sure, they should know and obey the law; however, my anger is aimed at the police who selectively enforce the laws doing absolutely nothing effective to enforce the noise law.
Selective law enforcement means: If I want to speed in my automobile in New Smyrna Beach, I certainly will get a ticket. If I want to ride an illegal motorcycle and break the noise law, I most likely won't get a ticket. The police have chosen not to enforce the noise law and that constitutes improper selective enforcement of the laws. I observed motorcyclists on Saturday driving through New Smyrna Beach on Flagler Avenue unnecessarily revving their engines and creating noise so loud it hurt my ears and reverberated off my chest. We went home, closed the windows and turned on the air conditioning to block out the noise. We also spent much less money with the merchants at Flagler Avenue, due to our irritation with the noise and our premature departure from a day of spending and consuming.
I am mad at the police I observed who stood ineffectively by ignoring the law while some motorcycles roared with abandon through our calm beach community.
The point is our community should stop all the debate about motorcycle noise, pro or con, and the police should just enforce the law. I call on Sheriff Ben Johnson and Police Chief Ron Pagano to get a copy of Florida Statute 403.415, read it and enforce it! Our community will be a lot more pleasant for all of us if they do so.
FRANK DARDEN
New Smyrna Beach
Serial story: THE MOUSE AND THE MOTORCYCLE