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OLR Bill Analysis
sSB 1103
AN ACT CONCERNING EMISSIONS AND DECIBEL LEVEL
TESTING AND THE TAXATION OF CERTAIN MOTORCYCLES AND
PARTS.
SUMMARY
This bill (1) requires all motor vehicles that must get an emissions
inspection to also obtain an inspection of their vehicle’s maximum
decibel (dB) level (i.e., noise inspection) to determine compliance with
vehicle noise limits (see BACKGROUND) and (2) s ubjects most
motorcycles to emissions inspection requirements.
The bill also increases to 50% the sales and use tax rate on
motorcycles and aftermarket motorcycle mufflers that exceed existing
noise limits.
The bill’s provisions on noise inspections generally parallel those for
emissions inspections. Among other things, they (1) allow the
Department of Motor Vehicles (DMV) to establish a fee for noise
inspections; (2) allow DMV to enter into or amend agreements with
contractors to provide noise inspections; (3) require the Department of
Energy and Environmental Protection (DEEP) to provide DMV with
technical information, including testing techniques, standards, and
instructions; and (4) allow the DMV commissioner to deny or revoke a
registration if a motor vehicle does not receive a noise inspection or
fails to pay a required fee.
Finally, the bill allows DMV to adopt regulations to implement the
motorcycle emissions inspection and noise inspection requirements.
EFFECTIVE DATE: October 1, 2021, and the sales and use tax
provisions are applicable to sales on or after that date. 2021SB-01103-R000672-BA.DOCX
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§§ 1-6 — MOTORCYCLE EMISSIONS INSPECTION S & MOTOR
VEHICLE NOISE INSPECTI0NS
Motorcycle Emissions Inspections (§ 1)
The bill eliminates the general emissions inspection exemption for
motorcycles, thus subjecting most motorcycles to biennial emissions
inspections. As under current law for other motor vehicles,
motorcycles four or fewer model years old are exempt from inspection.
Motor Vehicle Noise Level Inspections (§§ 2(a), 3(b) & (c))
The bill requires each motor vehicle that must have an emissions
inspection to also get a noise inspection when it is presented for an
emissions inspection. The bill caps the maximum decibel level for a
motor vehicle at the existing state’s noise limit, when it is measured
using procedures in existing law (see BACKGROUND).
Prohibitions. The bill prohibits vehicles subject to noise inspections
from being driven in the state without being tested in accordance with
the schedule the commissioner prescribes.
The bill also (1) prohibits motor vehicle dealers from selling any
vehicle that has not had a noise inspection or met the noise limit
requirements and (2) specifically prohibits people, firms, and
corporations from driving or allowing to be driven a motor vehicle
that has not received a noise inspection and found to be in compliance
with the noise limits. Violations of either of these provisions are
infractions, but the fine for a first violation is $50.
Existing law already prohibits selling new vehicles that produce a
maximum decibel level that exceeds the law’s noise limit (CGS § 14-
80a).
Registration Penalties. The bill allows the DMV commissioner to
deny a registration issuance or renewal or revoke an existing
registration if a motor vehicle does not receive a noise inspection as
required or fails to pay the required fee.
Waivers and Retests. The bill allows the DMV commissioner to do
the following: 2021SB-01103-R000672-BA.DOCX
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1. grant waivers from complying with the standards for vehicles
that fail the inspection and require repair costs that the
commissioner determines are unreasonable;
2. determine compliance of a vehicle that fails a noise inspection
retest using a complete physical and functional diagnosis and
vehicle inspection showing that no additional noise-related
repairs are needed; and
3. grant one extension, for up to two years, for obtaining needed
repairs if the owner has economic hardship.
DEEP Standards and Technical Information (§ 2(b))
The bill requires the DEEP commissioner to consult with the DMV
commissioner and provide DMV with technical information, including
testing techniques, standards, and instructions for (1) motorcycle
emission control features and equipment and (2) motor vehicle noise
inspections. The standards must be (1) consistent with federal law and
applicable DEEP regulations and (2) periodically reviewed and, if
necessary, revised by DEEP to achieve the inspection programs’
objectives. DEEP already does this for the existing emissions inspection
program.
Agreements With Contractors (§ 2(c))
The bill allows the DMV commissioner to enter into a negotiated
inspection agreement with one or more independent contractors, in
accordance with the existing emissions inspection law, to provide for
leasing, constructing, equipping, maintaining, or operating a system of
official emissions inspection stations in numbers and locations as
needed to provide (1) motorcycle owners reasonably convenient access
to inspection facilities and (2) motor vehicle owners reasonably
convenient access to noise inspection. The commissioner may also
amend existing agreements to allow emission facilities to provide
emissions inspections to motorcycles and noise inspections to all motor
vehicles. All contractors and inspection facilities must comply with
applicable provisions in the emissions inspection laws. 2021SB-01103-R000672-BA.DOCX
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Testing Fees (§ 2(d))
The bill requires the DMV commissioner, with the Office of Policy
and Management secretary’s approval, to establish and modify
motorcycle emissions inspection or reinspection fees, which may not
exceed $20 each. (This is the same fee amount available under the
existing emissions inspection law, and in practice, the fee is $20.)
The bill also allows the commissioner to establish and modify an
additional fee for motor vehicle noise inspection, as long as it does not
exceed the emissions test fee.
Under the bill, the fees must be paid as the commissioner prescribes.
And if the inspection programs’ costs, including administrative costs
and payments to contractors, exceed fee income, the state must cover
the excess costs.
Late Fees and Reinspection After Repair. The bill applies the
same late fees ($20) and reinspection requirements to motorcycle
emissions inspections that apply to existing emissions inspections. (It is
unclear whether these apply to noise inspections.)
Liability (§ 4)
The bill extends to motorcycle emissions inspection and motor
vehicle noise inspection violations certain liability provisions that
apply to existing emissions inspection violations. Specifically, it makes
anyone who knowingly or negligently violates the bill’s inspection
requirements or a related regulation, order, or permit issued by DEEP,
liable to the state for the state’s reasonable costs to detect, investigate,
control, and abate the violation. A violator is also liable for (1) the
state’s reasonable costs to restore natural resources to their condition
before the violation or (2) damages caused by the violation.
Civil Penalties (§ 5)
Existing law requires the DEEP commissioner to adopt regulations
on the civil penalties that may be imposed for causing, maintaining, or
engaging in a condition that violates certain environmental laws, or
associated regulations, orders, or permits. The penalty must be of an 2021SB-01103-R000672-BA.DOCX
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amount to ensure compliance but cannot exceed $25,000 per day. The
motor vehicles emission inspection statute is already subject to this
penalty provision and the bill applies it to the bill’s noise inspection
requirement. (DEEP has not adopted any penalty.)
DEEP as Agent of the State (§ 6)
The bill makes DEEP the official agent of the state in all matters
concerning noise inspections under any current and future federal
laws. This provision applies under existing law to the emissions
inspection statute.
§ 3 — MODIFYING OR REMOVIN G NOISE LIMITING EQUIPMENT
In addition to existing related requirements (see below), the bill
prohibits anyone from (1) failing to maintain, in good working order,
any vehicle equipment or feature that limits the maximum decibel
level the vehicle produces to a level at or below the law’s noise limit or
(2) removing, dismantling, or otherwise making the equipment or
feature inoperable.
Under the bill, vehicle owners who violate these prohibitions face
registration revocation, unless all parts and equipment that control
noise are made operable and in good working order within 60 days
after receiving a violation notice from DMV. Failing to maintain the
equipment in good working order is also considered failing to comply
with the bill’s noise inspection requirements.
Existing law has the following related motor vehicle equipment
requirements:
1. Motor vehicles and devices on them must be operated,
equipped, constructed, and adjusted to prevent unnecessary or
unusual noise.
2. Motor vehicles operated by internal combustion engines must
have a muffler or mufflers designed to prevent excessive,
unusual, or unnecessary exhaust noise.
3. Vehicle owners must maintain mufflers in good working order 2021SB-01103-R000672-BA.DOCX
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and ensure that the muffler is in use when driving the vehicle.
4. No one may remove all or part of a vehicle’s muffler, except to
repair or replace the muffler or part to more effectively prevent
noise.
By law, anyone who violates the above existing requirements faces a
$150 fine (CGS § 14-80).
§§ 3 & 7 — STATEMENTS OF COMPLI ANCE
The bill requires sellers of motor vehicles to provide certain
statements attesting that the vehicles they sold comply with the state’s
noise limit. Specifically, motor vehicle dealers must include with each
sales tax return provided to the Department of Revenue Services a
statement attesting that each vehicle sold during the return period did
not exceed the noise limit. For casual sales, the vehicle’s seller must
provide the purchaser with this statement, and the purchaser must
include a copy of it with the use tax payment when registering the
vehicle with DMV.
§§ 8 & 9 — SALES AND USE TAX ON LOUD MOTORCYCLES AND
MUFFLERS
Motorcycles
The bill increases to 50% the sales and use tax rate on motorcycles
that exceed state noise limits. Under current law, the sales and use tax
rate for motorcycles is 6.35%, except for motorcycles (1) with sales
prices above $50,000, which are taxed at 7.75%, or (2) sold to certain
active duty military members, which are taxed at 4.5%.
The bill also makes conforming changes to direct revenue from the
tax imposed at this new rate to the Special Transportation Fund (STF).
Existing law directs an increasing portion of sales tax revenue from
motor vehicle sales to the STF.
Aftermarket Mufflers
The bill also increases to 50% from 6.35% the sales and use tax rate
on aftermarket motorcycle mufflers that exceed state noise limits. (It is
unclear how a retailer would determine if a muffler would exceed 2021SB-01103-R000672-BA.DOCX
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these levels without it being attached to a vehicle since the maximum
levels and the testing for compliance apply to operating vehicles, not
specific parts.)
BACKGROUND
Vehicles Subject to Emissions Inspections
State emissions inspection requirements apply to all motor vehicles
except the following:
1. vehicles with a gross vehicle weight rating (GVWR) of more
than 10,000 pounds;
2. electric vehicles, bicycles, or foot scooters;
3. bicycles with motors attached;
4. vehicles with temporary registrations or new vehicles at the
time of initial registration;
5. vehicles manufactured at least 25 years ago or that are four or
fewer model years old;
6. registered vehicles that are not designed primarily for highway
use (e.g., snowmobiles and dirtbikes);
7. farm vehicles;
8. diesel-powered type II school buses;
9. vehicles operated by dealers or repairers to and from (a) a
purchase or sale location or (b) an emissions testing site; and
10. vehicles registered as composite vehicles (CGS § 14-164c; Conn.
Agencies Regs. § 14-164c-3b).
Noise Limits for Motor Vehicles
State law charges the DMV commissioner with setting motor vehicle
noise limits in regulations (CGS § 14-80a). The maximum permissible
noise level varies based on the vehicle type; its age, weight, and
current speed; and the road service on which it travels. For vehicles 2021SB-01103-R000672-BA.DOCX
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manufactured on or after January 1, 1979, it ranges from 72 dB to 92
dB. Table 1 provides the maximum levels for (1) vehicles with a GVWR
of less than 10,000 pounds, which includes most passenger motor
vehicles, and (2) motorcycles. Other types of vehicles have different
limits (Conn. Agencies Regs. § 14-80a-4a).
Table 1: Maximum Noise for Motor Vehicles With a GVWR of Less Than 10,000
Pounds and Motorcycles (Manufactured After 01/01/1979)
Highway Operation Stationary
Soft Site Hard Site Soft Site Hard Site
Highway Speed 35 MPH
or Less
Above
35 MPH
35 MPH
or Less
Above
35 MPH
Motor Vehicles
With a GVWR of
Less Than
10,000 Pounds
72 dB (A) 79 dB (A) 74 dB (A) 81 dB (A) 72 dB (A) 74 dB (A)
Motorcycles 78 dB (A) 82 dB (A) 80 dB (A) 84 dB (A) 78 dB (A) 80 dB (A)
Testing Noise Level
The law authorizes the DMV commissioner to establish a procedure
for checking motor vehicle maximum noise levels. Under DMV
regulations, a vehicle’s noise level must be measured (1) 50 feet from
the centerline of the vehicle or (2) with a testing device calibrated to
measure the sound at an equivalency of 50 feet. Testing conditions are
defined as hard or soft test sites. A hard test site is a site with ground
cover of concrete, asphalt, packed dirt, gravel, or similarly reflective
material. A soft test site is a site covered by grass or similarly
absorptive material (Conn. Agencies Regs. § 14-80a-8a).
COMMITTEE ACTION
Finance, Revenue and Bonding Committee
Joint Favorable Substitute
Yea 37 Nay 11 (04/22/2021)