Or. Admin. Code § 340-035-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-035-0030 - Noise Control Regulations for In-Use Motor Vehicles

(1) Standards and Regulations:

(a) Road Vehicles:

(A) No person shall operate any road vehicle which exceeds the noise level limits specified in Table 2 or in such a manner to exceed the noise level limits specified in Table 3, except as otherwise provided in these rules.

(B) No person shall operate a road vehicle with any of the following defects:

(i) No muffler;

(ii) Leaks in the exhaust system;

(iii) Pinched outlet pipe.

(C) Non-conforming "classic" and other "special interest" vehicles may be granted an exception to this rule, pursuant to OAR 340-035-0010, for the purpose of maintaining authentic equipment.

(b) Off-Road Recreational Vehicles:

(A) No person shall operate any off-road recreational vehicle which exceeds the stationary noise level limits specified in Table 4 or in such a manner as to exceed the moving vehicle noise level limits specified in Table 4; [Table not included. See ED. NOTE.]

(B) No person shall operate an off-road recreational vehicle with any of the following defects:

(i) No muffler;

(ii) Leaks in the exhaust system;

(iii) Pinched outlet pipe.

(c) Trucks Engaged in Interstate Commerce. Motor vehicles with a GVWR or GCWR in excess of 10,000 pounds which are engaged in interstate commerce by trucking and are regulated by Part 202 of Title 40 of the Code of Federal Regulations, promulgated pursuant to Section 17 of the Noise Control Act of 1972, 86 Stat. 1248, Public Law 92-574, shall be:

(A) Free from defects which adversely affect sound reduction;

(B) Equipped with a muffler or other noise dissipative device;

(C) Not equipped with any "cut-out" devices, "by-pass" devices, or any other similar devices; and

(D) Not equipped with any tire which as originally manufactured or newly retreaded has a tread pattern composed primarily of cavities in the tread, excluding sipes and local chunking, not vented by grooves to the tire shoulder or vented circumferentially to each other around the tire.

(d) Ambient Noise Limits:

(A) No person shall cause, allow, permit, or fail to control the operation of motor vehicles, including motorcycles, on property which he owns or controls, nor shall any person operate any such motor vehicle if the operation thereof increases the ambient noise level such that the appropriate noise level specified in Table 5 is exceeded as measured from either of the following points, if located within 1,000 feet (305 meters) of the motor vehicle:

(i) Noise sensitive property; or

(ii) A quiet area.

(B) Exempt from the requirements of this section shall be:

(i) Motor vehicles operating in racing events;

(ii) Motor vehicles initially entering or leaving property which is more than 1,000 feet (305 meters) from the nearest noise sensitive property or quiet area;

(iii) Motor vehicles operating on public roads; and

(iv) Motor vehicles operating off-road for non-recreational purposes.

(e) Auxiliary Equipment Noise Limits:

(A) No person shall operate any road vehicle auxiliary equipment which exceeds the noise limits specified in Table 6, except as otherwise provided in these rules;

(B) No person shall cause, allow, permit, or fail to control the operation of any road vehicle auxiliary equipment that exceeds 50 dBA for more than 30 minutes between 10 p.m. and 7 a.m. at any appropriate noise sensitive property measurement point as specified in OAR 340-035-0035(3)(b).

(f) Motorcycles manufactured after December 31, 1982 to Federal Noise Regulations ( 40 CFR Part 205):

(A) No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for the purposes of maintenance, repair, or replacement of any device or element of design incorporated in the motorcycle for the purpose of noise control;

(B) No person shall remove or deface any noise label or mark required by federal law which is affixed to any motorcycle or motorcycle part for purposes of identifying the motorcycle or motorcycle part as a federally regulated product;

(C) No person shall operate any road or off-road motorcycle manufactured to federal noise law that does not bear a label or mark on the exhaust system that matches the model specific code of the motorcycle on which the system is installed;

(D) No person shall operate, nor shall any person cause, allow, permit or fail to control the operation of any competition motorcycle identified for "competition use only" by the noise label or mark required by federal law on any property other than a motor sports facility in a practice session or a racing event;

(E) No person shall operate, nor shall any person cause, allow, permit or fail to control the operation of any motorcycle fitted with an exhaust system or exhaust system component identified for "competition motorcycles only" by the noise label or mark required by federal law on any property other than a motor sports facility in a practice session or a racing event.

(2) Measurement. Sound measurement shall conform to test procedures adopted by the Commission in Sound Measurement Procedures Manual (NPCS-1) and Motor Vehicle Sound Measurement Procedures Manual (NPCS-21) or to standard methods approved in writing by the Department.

(3) Exemptions:

(a) Motor vehicles registered as antique or historical motor vehicles licensed in accordance with ORS 481.205(4) are exempt from these regulations;

(b) Motor vehicle warning devices are exempt from these regulations;

(c) Vehicles equipped with at least two snow tread tires are exempt from the noise limits of Table 3; [Table not included. See ED. NOTE.]

(d) Motor vehicles described in subsection (1)(c) of this rule, which are demonstrated by the operator to be in compliance with the noise levels in Table 3, for operation greater than 35 mph, are exempt from these regulations;

(e) Auxiliary equipment operated on construction sites or in the maintenance of capital equipment or to avoid or reduce the severity of accidents or operated on a farm for agricultural purposes or operated on forest land as defined in subsection (1) of ORS 526.324 for activities related to the growing or harvesting of forest tree species are exempt from these regulations.

(4) Equivalency:

(a) The in-use motor vehicle standards specified in Table 2 and 3 have been determined by the Department to be substantially equivalent to the 25 foot stationary test standards set forth in 1977 Oregon, Laws, Chapter 273; [Table not included. See ED. NOTE.]

(b) Tests shall be conducted according to the procedures in Motor Vehicle Sound Measurement Procedures Manual (NPCS-21) or to standard methods approved in writing by the Department.

NOTE: View a PDF of referenced tables and documents by clicking on "Tables" link below.

Or. Admin. Code § 340-035-0030

DEQ 75, f. 7-25-74, ef. 8-25-74; DEQ 119, f. & ef. 9-1-76; DEQ 135, f. & ef. 6-7-77; DEQ 147(Temp), f. & ef. 12-1-77; DEQ 2-1978, f. & ef. 3-1-78; DEQ 7-1983, f. & ef. 4-22-83; DEQ 23-2017, minor correction filed 11/08/2017, effective 11/8/2017; DEQ 22-2018, minor correction filed 03/29/2018, effective 3/29/2018

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 467

Statutes/Other Implemented: ORS 467.030