October 2011

As reported in a previous issue of MRF Reports the state of Maine has adopted the SAE J2825 standard for the purpose of offering an affirmative defense to a motorcyclist who has been cited by law enforcement for operating a motorcycle with an excessively loud exhaust system. This new provision in the state law provides an option to use this defense and is not mandatory. With that said, the United Bikers of Maine, Inc. have hired a law firm to do research with the goal of filing a lawsuit against the state on the grounds that the affirmative defense provision is unconstitutional because it removes a person’s presumption of innocence. 

The United Bikers of Maine, Inc. have also directed the law firm to do research with the goal of filing an injunction to stop motorcycle only checkpoints in the state and specifically York County. In response to strong citizen complaints to law enforcement agencies in York County about excessively loud motorcycles and faced with evidence that 40% of registered motorcycles in the state go uninspected, the York County sheriff’s department and several local police departments decided to conduct vehicle safety checkpoints in the county. The checkpoints were conducted for all vehicles entering the checkpoint. The problem with this is that motorcycles have to stop and produce the safety inspection certificate while the autos and light trucks do not have to stop. The safety inspection certificate is displayed on the windshield of vehicles other than motorcycles so an officer conducting the checkpoint can observe if the vehicle is compliant at a glance rather than stopping the vehicle. Current law provides that a motorcycle safety inspection certificate be kept with the vehicle registration. Thus requiring the operator to stop and produce the certificate. UBM contends that this is a violation of the 4th amendment of the constitution. Due to the change in state law that will require the display of a safety inspection sticker on motorcycles starting in 2012 this will become a moot point. 

As for the affirmative defense that was signed into law by Governor LePage on May 26, 2011 with emergency status. No organization has stepped forward to establish a network of inspection facilities to provide the SAE J2825 test. The state police want nothing to do with providing the testing other than the requirement in the law that the test be conducted at a state certified vehicle inspection station. Due to the emergency status of this law it became effective when the governor signed it even though there was not a system in place to provide the testing. So Maine has a new law providing for a motorcyclist to have an affirmative defense for a citation, but no way for them to exercise that option at this time.