THE FIGHT AGAINST NOISY MOTORCYCLES

In Germany, state premiers have the opportunity to submit resolutions from their respective state governments to the Bundesrat. There, the motions are discussed in the relevant committee, and if the conclusion is reached that the motion should be approved, an assessment and, if necessary, a recommendation for forwarding to the EU Commission is submitted to the federal government.

And now, North Rhine-Westphalia has actually submitted such a resolution, which was submitted to the Bundesrat on March 20, 2020, with the following headline: „

Resolution of the Federal Council on the effective reduction and control of motorcycle noise“

If all of this were to be approved by EU law, every biker who Armin Laschet who helped him get elected in the last North Rhine-Westphalia election, may feel somewhat affected by the fact that he participated in this nationwide campaign against motorcyclists.

The responsible transport committee has already approved the application from North Rhine-Westphalia and sent it back to the federal government.

The federal government is now deciding whether to forward the resolution to the EU Commission in order to enforce North Rhine-Westphalia's request in the EU with legal effect. That is how far they have come, and we can assume that they will do so.

Emissions laws determine the development of engines

If the exhaust of a new Harley-Davidson eventually sounds like a hair dryer, it's not because of Harley-Davidson, As in previous years, the government will respond with increasingly stringent measures. emissions laws It must be said that it is not only the CDU that can do this; the SPD also has supposed experts who are pushing their agenda across the EU in this way, as we have just seen with Environment Minister Svenja Schulze's call for a 30 percent tightening of CO2 limits for cars.

Now we will focus mainly on the term „Real Driving Sound Emissions„.

The state government of North Rhine-Westphalia has decided to,

Printed paper 125/20 (Source: Excerpt from the Bundestag)

Resolution of the Federal Council on the effective reduction and control of motorcycle noise

The Federal Council may decide:

1. The Federal Council is asking the federal government to lobby the EU Commission for stricter noise emission limits by tightening the limits applicable in the EU for the approval and registration of new motorcycles. The Federal Council considers it appropriate to limit noise emissions in all driving conditions (Real Driving Sound Emissions) to a maximum limit of 80 dB(A), which must be complied with for all new vehicles in all operating conditions.
2. The Federal Council requests that the federal government significantly increase penalties for tampering with exhaust systems, air filters, and other modifications that result in a significant increase in noise emissions. In this context, the Federal Council asks the Federal Government to develop a legally secure instrument that enables the police authorities of the federal states to immediately secure or confiscate the vehicle on the spot in the event of serious exceedances of noise emissions.
3. The Federal Council asks the federal government to support the „Silent Rider” initiative and similar initiatives. A nationwide campaign—based, for example, on the emergency lane campaign—should be launched to raise awareness among motorcyclists about appropriate driving behavior.

Reason:
For many people in Germany, motorcycling is a leisure activity and hobby. Numerous destinations in many regions of Germany are situated in beautiful landscapes. This attracts many motorcycling tourists from Germany and abroad.
For many residents, however, the leisure activities of motorcyclists cause noise pollution when they exceed the speed limit or ride extra-loud tuned motorcycles.

In the context of leisure activities, motorcycles are often on the road on days of rest (weekends, holidays), where they can cause extreme nuisance even as individual vehicles due to deliberately generated noise. Considerate coexistence, compliance with applicable laws, and speed regulations are prerequisites for avoiding conflicts of interest and prohibited zones. The legitimate interests of residents and motorcyclists must be balanced fairly.

Approaches to reducing noise and increasing road safety can result from promoting understanding and tolerance among road users. A nationwide campaign can raise awareness. Such soft
Measures must be accompanied by effective controls and sanctions. In the event of flagrant violations of noise regulations, state police authorities must also be given effective tools to deal with those responsible.
Immediately remove vehicles from circulation.
The noise emissions of motor vehicles are regulated by EU regulations and international UN regulations (UNECE regulations) as well as by national law within the framework of the Road Traffic Licensing Regulations (StVZO).

However, the approval and registration regulations are not yet sufficient. Vehicles must not only comply with the proposed maximum limit of 80 dB(A) during type testing, but must also be significantly quieter in normal driving conditions. (Real Driving Sound Emissions).

The recommendation from the Transport Committee

The following is the recommendation from the responsible transport committee to the Federal Council. This shows how far they have already progressed, and we can look forward to seeing whether this recommendation will also be forwarded to the EU Commission.

Source: Excerpt from the Bundestag

The Transport Committee recommends that the Federal Council adopt the resolution with the following amendments:

1. Regarding number 1
   Number 1 should be worded as follows:
   „1. The Federal Council considers it necessary to limit noise emissions from motorcycles to the existing noise limit in all vehicle states (Real Driving Sound Emissions), which must be complied with for all new vehicles in all operating conditions. It requests the Federal Government to continue the necessary work at EU level and in the international working group of the United Nations Economic Commission for Europe (UNECE) in this regard. The Federal Council also requests the Federal Government to amend the planned amendment ordinance
   on the Road Traffic Licensing Regulations (StVZO) to adapt the
   Noise regulations for the approval of individual vehicles in accordance with EU or UNECE type approval requirements, which were already under discussion in the state consultation at the end of 2019, should be enacted as quickly as possible.“
   Justification (only to the plenary):
   The noise emissions of cars and motorcycles are regulated by EU regulations and international regulations (UN regulations). For years, the BMVI has been working within the international committees of the EU and the United Nations Economic Commission for Europe (UNECE) to close loopholes in the type approval regulations. The aim is to design the test regulations in such a way that vehicles not only pass the type approval test, but also
   become quieter in real driving situations (Real Driving Sound Emissions).
   The BMVI is calling for extensive changes to type approval regulations in international committees.
   Setting a limit value appears premature at this stage, especially since heavy motorcycles are already subject to a lower noise limit of 77 decibels (A) than that called for in the resolution of the state of North Rhine-Westphalia.
   The following changes to UN regulations have already been implemented:
   – In future, additional noise requirements for powerful motorcycles will no longer be tested by the manufacturer itself, but by a neutral body.
   – Work on the German proposal to amend UN Regulation 92 for motorcycle replacement mufflers was completed at the end of 2018. The amended regulation came into force in October 2019. The amendment means that flap mufflers with loud/quiet switching will no longer be eligible for approval in the future. This will lead to a reduction in real noise emissions, as these mufflers have become increasingly popular with some groups of motorcyclists in recent years.
   The requirements of the German Road Traffic Licensing Regulations (StVZO) regarding noise emissions for the approval of individual vehicles are currently not at the same level as the EU type approval requirements. Although the same noise limits apply to the approval of individual vehicles, extended requirements for noise performance, particularly for heavy motorcycles in the type approval process, which aim to limit noise emissions in real driving conditions, do not yet apply nationally. These loopholes, which lead to higher noise emissions in real driving conditions, must be closed as a matter of urgency.

1. Re: Numbers 4 – new –
   The following number shall be added:
   ‚4. The Federal Council calls on the federal government to ban engine controls on motorcycles that allow riders to individually adjust sound settings („sound design“) and which can generate disruptive and annoying noises. In this context, the Federal Council asks the federal government to advocate for the use of „sound design“ options to reduce noise emissions.
   Justification (only to the plenary):
   Tests are carried out as part of the type approval process and during production (Conformity of Production: CoP). Some manufacturers install engine control units on motorcycles ex works, which reduce noise emissions during type approval and later on.
   real driving conditions in public transport.
2. Re: Number 5 – new –
   The following number shall be added:
   „5. The Federal Council asks the federal government to support the transition to sustainable and low-noise mobility in the form of low-noise motorcycles with alternative drive technologies such as electric drives.“
   Justification (only to the plenary):
   Although motorcycles account for only a small proportion of total traffic, they are often perceived as particularly disruptive due to their often high noise levels and distinctive sound characteristics. The noise levels of electric motorcycles, for example, are lower than those of fossil fuel-powered motorcycles.
   motorcycles. Consequently, a noticeable reduction in noise pollution among the population is to be expected.
   
3. Regarding number 6 – new –
   The following number shall be added:
   „6. The Federal Council requests that the federal government advocate for effective measurement methods in order to expand the legal, technical, and personnel options for monitoring obviously excessively loud motorcycles.“
   Justification (only to the plenary):
   During random checks of moving traffic, the focus is primarily on exhaust systems. Stationary noise measurements can be used to check whether any illegal modifications have been made. However, these measurements only allow limited conclusions to be drawn about other relevant operating conditions. For reasons of proportionality, a simplified driving noise test, or „light noise measurement,“ would be one option for motorcycles or
   To conduct more comprehensive inspections of motor scooters during traffic checks.
   This measurement would enable local police to easily and with relatively little effort record another operating condition of the vehicle in addition to the stationary noise, thereby increasing the significance of the test. Immediate vehicle immobilization must be the consequence of proven manipulation.
4. Regarding number 7 – new –
   The following number shall be added:
   „7. The Federal Council sees an urgent need for action to enable speed restrictions and temporary traffic bans on Sundays and public holidays for noise protection reasons in special cases of conflict. The Federal Council asks the federal government to amend the relevant regulations. Motorcycles with alternative drive technologies, such as electric drives, should be exempt from possible traffic bans.“
   Justification (only to the plenary):
   The imposition of restrictions and bans on traffic flow (traffic law measures) for reasons of noise protection requires that the conditions set out in Section 45(9) of the Road Traffic Regulations (StVO) are met. According to this, such measures „may only be imposed if, due to special local conditions, there is a dangerous situation that significantly exceeds the general risk of impairment.“.
   In the case of traffic law measures for noise protection, the noise situation is assessed on the basis of annual average levels. Noise peaks caused by motorcycles are not recorded in this way and therefore cannot be used as justification for traffic law measures such as speed limits or temporary traffic bans, for example at
   Sundays and public holidays are not included.

1. Re: Number 8 – new –
   The following number shall be added:
   „8. The Federal Council calls on the federal government to find a solution to ensure that „speeding drivers“ or „harassers“ cannot escape punishment. Motorcyclists cannot be identified due to the helmet requirement and the lack of a front license plate on motorcycles, and therefore cannot be prosecuted for violations.“
2. Re: Number 9 – new –
   The following number shall be added:
   „9. The Federal Council requests that the federal government examine the possibility of introducing a regulation on direct liability, in which the principle of fault does not apply, from a constitutional perspective (owner liability).“
   Justification (only to the plenary):
   The owner's liability could be limited to an obligation to bear costs.
   Such owner liability would extend the scope of Section 25a of the
   Road Traffic Act (StVG) on moving traffic. According to this, owners would also have to bear at least the costs of the proceedings in the event of violations in moving traffic. This means that the owner is not punished, but is obliged to bear the administrative fees for issuing the fine notice.
   Recommendations, 125/1/20 – 6 –
3. Re: Number 10 – new –
   The following number shall be added:
   „10. The Federal Council calls on the federal government to make it mandatory to keep a logbook for drivers who cannot be identified after legal violations. A logbook serves to raise awareness and collect data so that action can be taken in the event of multiple violations by individual motorcyclists.“
   B
4. The lead committee for the environment, nature conservation, and nuclear safety, the committee for European Union affairs, the health committee, the committee for internal affairs, the legal committee, and the economic committee recommend that the Federal Council adopt the resolution.

SILENT RIDER INITIATIVE AGAINST MOTORCYCLE NOISE

Supported by several counties and the federal states of North Rhine-Westphalia and Baden-Württemberg, the registered association has set itself the task of fighting every decibel with a petition „against unnecessary motorcycle noise.“.

It is truly alarming that society is taking action against motorcyclists with the support of the state. The vast majority of motorcyclists ride legally, and electronically controlled exhaust systems are also legal, but now there are plans to change that. Unfortunately, people overlook the fact that motorcyclists are particularly fond of nature, which is why they ride motorcycles—to be as close to nature as possible! Just switching off at the weekend, forgetting about their stressful job, or whatever.

Sound is part of the feeling of freedom

They should take those who ride manipulated racing machines off the road and not hold all motorcyclists collectively responsible, thereby taking away our enjoyment of life. Roads are for driving on; everyone can choose for themselves whether they want to live on a busy road or not. The increasingly massive interference and restrictions on our freedom are gradually getting out of hand.

The current development will certainly occupy us even more in the future; basically, it will soon be about everything that is still fun. In the Hamburg Altona district, the Green Party's killjoys prevented a drive-in cinema from taking place because they „don't want smelly cars in their neighborhood." The 61-year-old Green Party faction leader Gesche Boehlich made this decision together with her SPD coalition partner because they don't want the additional traffic in their district.

Additional traffic from a drive-in cinema? What kind of additional traffic are they talking about? In a big city like Hamburg, it can't really be a significant amount if there are a few cars in the parking lot of the trotting track watching movies together. Social contact and having some fun in life no longer seem to be politically desirable today.

What remains now is the question of whether and when there will be a counter-movement, as it is not just these new ideas that have been come up with now. Unfortunately, the motorcycle manufacturers' lobby does not seem to be really forming a united front against these political ambitions. It is difficult, of course, because they have been elected, and everyone should know exactly who or what they want to support with their vote when they go to the ballot box. This can, of course, go both ways, as there are certainly opinions in favor of this, but we really don't have to put up with everything. Various routes in the country are already closed to motorcyclists. We cannot accept this collective punishment without protest in the long term.

ADDENDUM: THE FEDERAL COUNCIL MADE ITS DECISION ON MAY 15!

At its 989th meeting on May 15, 2020, the Bundesrat decided to approve the request submitted by the state of North Rhine-Westphalia. The Bundesrat is now asking the federal government to submit a request to the EU Commission for
stricter noise emission values by tightening the EU's existing
Limit values to be applied when approving and registering new motorcycles.

Source: German Parliament

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