09-137-13 Me. Code R. § 09

Current through 2024-51, December 18, 2024

Section 137-13-09 - Sound Level Testing for Marine Engines

* The SAE International "Stationary Sound Level Measurement Procedure for Recreational Motorboats" has been incorporated within section 13.09 of this rule [SAE J2005- JUN2018]. A copy of the SAE standards may be purchased at the following website: https://www.sae.org/standards/content/j2005_201806/.

** The SAE International "Exterior operational Sound Level Measurement Procedure for Recreational Motorboats" has been incorporated within section 13.09 of this rule [SAE J34-JUN2018]. A copy of the SAE standards may be purchased at the following website:

https://www.sae.org/standards/content/j34_201806/.

1.Scope: This section shall set forth the testing procedures used to measure marine engine noise levels pursuant to 12 M.R.S. §13068-A, subsection 10. This section does not apply to motorboats that are operating in a regatta or race approved by the Commissioner as prescribed within 12 M.R.S. §13068-A subsection 10-C.

A. The Commissioner or a law enforcement office may order the operator or owner of any boat which he or she has articulable suspicion to believe is being operated in a manner which exceeds the decibel limits contained in this section to subject the boat to one or more noise level testing procedures as provided in this section or to inspection of the engine and mechanical systems for violations of this section.

B. A motorboat owner or operator shall allow a motorboat to be inspected and/or subjected to noise level testing procedures if ordered to do so by the Commissioner or the law enforcement officer. This is pursuant to noise level testing authorized by the Commissioner immediately or at the time and location designated by the Commissioner or a law enforcement officer. No person shall operate the motorboat after the time designated until it is subjected to such noise level testing or engine and mechanical system inspection.

C. The Commissioner or a law enforcement officer may prohibit the operator or owner of any motorboat which fails a noise level testing procedure from operating the motorboat until the motorboat successfully passes the procedure. No person shall operate a motorboat contrary to such an order of the Commissioner.

2.Calibration for both Stationary and Operational Testing shall be as follows:

A. The sound level meter used shall be calibrated using an external field test;

B. Field calibration of the sound level meter shall be made immediately before and after each test sequence;

C. The person performing the field calibration shall record successful completion of the calibration on a noise test report form;

D. An external standard calibration test shall be conducted annually on the sound level meter and the external field test; and

E. A copy of the external standard calibration test form, completed by the person(s) who performed the last external standard calibration, shall be evidence that the sound level meter and the external field test were properly calibrated at the time of the noise level test.

3.Required Information for Log Sheets Recorded By The Law Enforcement Officer For Both Stationary and Operational Noise Level Testing

(1) Name, address and date of birth of owner of the motorboat;

(2) Documentation showing proof of identification of the motorboat operator;

(3) Names of officers conducting the test;

(4) Date and time of test;

(5) Location of test site;

(6) Weather conditions;

(7) Water conditions;

(8) Make, model number and color of the motorboat being tested;

(9) Length of the motorboat;

(10) Registration number of the motorboat;

(11) The result of the external field test of the sound level meter; and

(15) Results of each test.

4.Stationary Sound Level Testing Authorization

A. The Commissioner or a law enforcement officer may use stationary sound level testing to determine marine engine noise levels for motorboats. Such testing shall be conducted while motorboats are stationary on the water according to * Stationary Sound Level Measurement Procedure for Recreational Motorboats [SAE J2005-JUN2018].

B. Noise levels in decibels for stationary sound level testing shall be established for a specific distance between the motorboat tested and the testing device, at levels which correlate with noise levels in decibels, as set forth in 12 M.R.S. §13068, subsection 10.

C. The following instruments shall be used to measure decibel levels of marine engines and motors:

(1) A precision sound level meter that conforms to the specifications of ANSI S1.4, as referred to within * SAE J2005-JUN2018; and

(2) An external field test, such as a sound level calibrator.

5.Testing Procedure for Stationary Testing

A. The ambient sound level, including wind effects, due to noise sources other than the motorboat being tested, shall be measured immediately prior to the test sequence. The value shall be recorded;

B. The temperature, humidity and wind speed shall be recorded, using the current values available and reported by the National Weather Service at the nearest observation station to the site;

C. The law enforcement officer conducting the noise level test, shall record, on a log sheet the information listed within section 13.03, subsection 3.

6.Operational Noise Level Testing Procedure Authorization:

A. The Commissioner or a law enforcement officer may use operational sound level testing to determine marine engine noise levels for motorboats being operated. Such testing shall be conducted while motorboats are being operated on the water according to ** Exterior Sound Level Measurement Procedure for Recreational Motorboats [SAE J34-JUN2018].

B. This section shall set forth the testing procedures used to measure marine engine noise levels, under an operational noise level testing procedure pursuant to 12 M.R.S. §13068, subsection 10.

C. The following instruments shall be used to measure decibel levels of marine engines and motors:

(1) A precision sound level meter that conforms to the specifications of ANSI S1.4 as referred to within ** SAE J2005-JUN2018; and

(2) An external field test, such as a sound level calibrator.

7.Testing Procedure for Operational Testing

A. The test site shall be located on a calm body of water that is large enough to allow the motorboat to pass-by at full speed, as designated by the division;

B. The area around the test site shall be free of large obstructions, such as buildings, boats, hills, large piers and breakwater walls, for a minimum distance of 100 feet;

C. The test course shall consist of 3 small buoys, in a straight line;

D. The test motorboat shall be positioned parallel to the test course, at a distance of 50 feet from the center buoy of the course;

E. The bow and stern of a test boat shall be secured to moorings;

F. A law enforcement officer shall stay on board each motorboat tested to verify that the boat was operated at maximum speed, pursuant I. below, for 2 of the pass-bys;

G. The ambient sound level, including wind effects, due to noise sources other than the motorboat being tested, shall be measured immediately prior to the test sequence. The value shall be recorded;

H. The temperature, humidity and wind speed shall be recorded, using the current values available and reported by the National Weather Service at the nearest observation station to the site;

I. The test shall consist of 4 passes along the test course of 3 buoys, at a distance of 1 to 3 feet from the buoys. The direction of travel shall be reversed between each run. The first 2 runs shall be at the motorboat's half throttle cruising speed, and the other 2 runs shall be at full throttle;

J. During each test, all radio equipment shall be switched off. A law enforcement officer shall hold the sound level meter 5 to 6 feet above the water with the microphone inclined approximately 70 degrees off horizontal, facing the center buoy of the test course. The results of each run shall be recorded by a law enforcement officer in the test motorboat;

K. Each meter reading shall be obtained while the motorboat is within the boundaries of the test course, at the highest sound level for each speed;

L. All values obtained pursuant to (k) above shall be recorded, however, the sound level shall be the average of the 2 readings, rounded down to the nearest whole number; and

M. The law enforcement officer conducting the noise level test shall record, on a log sheet the information listed within section 13.03.

09-137 C.M.R. ch. 13, § 09