Senate committee advances bill removing a legal defense in vehicle-noise cases

Senator Russ Temple, sponsor of Senate Bill 264 and the bill’s presenter, told the Senate Transportation Committee the bill removes a subsection that has been used to block convictions for motor-vehicle noise violations.

"Basically, we just scratched it out," Senator Russ Temple said. "It sort of gives a guy a get out of jail card free if you have one of these pickups ... that is making a bunch of noise, and you get stopped from making a bunch of noise."

The bill deletes language that, as written, could prevent conviction if a person had "reasonable grounds to believe that that vehicle was not operated in a violation" of the section. Temple described the measure as a cleanup item and said he had hoped law-enforcement witnesses would attend the hearing; none testified.

Committee members asked technical questions about the bill’s scope. Senator Olson said she supports the bill but asked why the challenged subsection did not apply to motorcycles. "I think this is an excellent bill, so I have no problem with the bill. I do want to see ... Why does this section not apply to a motorcycle?" she asked.

Temple and others explained motorcycles are treated in a separate provision: the bill sets a 95-decibel limit for motor vehicles, while motorcycle limits vary by model year. The sponsor said the bill leaves those motorcycle provisions unchanged.

Duane Williams, testifying for the record, noted an existing statute that addresses noise from compression brakes on heavy trucks. "There is a law. It's 61-9-321. If you're gonna use a compression brake, you do have to have a muffler in good working condition to prevent excess noise," Williams said.

After brief discussion the committee voted to give Senate Bill 264 a do-pass recommendation. The committee used a voice vote and recorded proxy ayes for members not present; committee leaders stated the measure passed unanimously in committee and that proxy votes had been recorded.

Senate Bill 264, as explained at the hearing, removes the defense language from the motor-vehicle noise statute, retains a 95-decibel cap for motor vehicles, and leaves motorcycle-year-based limits intact. The committee record shows the measure will move forward to the full Senate with a do-pass recommendation.

Votes and next steps: The committee reported the do-pass motion passed on a voice vote with proxy aye votes noted for absent members. The measure will be scheduled for floor action under the Senate’s procedures.