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OLR Bill Analysis
SB 484
AN ACT CONCERNING EMISSIONS AND DECIBEL LEVEL TESTING
FOR MOTOR VEHICLES AND THE TAXATION OF CERTAIN
MOTORCYCLES AND MOTORCYCLE MUFFLERS.
SUMMARY
This bill (1) requires all motor vehicles that must get an emissions
inspection to also undergo an inspection of the vehicle’s maximum
decibel (dB) level (i.e., noise inspection) to determine compliance with
vehicle noise limits (see BACKGROUND) and (2) su bjects most
motorcycles to emissions inspection requirements.
The bill also increases to 50% the sales and use tax rate on
motorcycles that exceed existing noise limits and mufflers that would
cause the motorcycle to exceed those 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 the department 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.
Lastly, the bill authorizes the DMV commissioner to adopt
implementing regulations for the motorcycle emissions inspection and
noise inspection requirements.
EFFECTIVE DATE: October 1, 2022, and the sales and use tax
provisions are applicable to sales on or after that date. 2022SB-00484-R000623-BA.DOCX
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§§ 1-6 — MOTORCYCLE EMISSIONS INSPECTIONS & MOTOR
VEHICLE NOISE INSPECTI0NS
Motorcycle Emissions Inspections (§ 1)
The bill eliminates the general emissions inspection exemption for
motorcycles, subjecting most of them 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 at the same time. Under the bill,
the maximum decibel level for a motor vehicle is the existing state noise
limit, as measured by procedures in existing law (see BACKGROUND).
Prohibitions. The bill prohibits vehicles subject to noise inspections
from being driven in the state without being tested according to the
schedule the commissioner prescribes.
The bill also (1) prohibits motor vehicle dealers and repairers 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 compliant 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 the 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:
1. grant waivers from complying with the standards for vehicles 2022SB-00484-R000623-BA.DOCX
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that fail the inspection and require repair costs that the
commissioner determines are unreasonable;
2. determine compliance of a vehicle that failed 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 getting 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 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.
Testing Fees (§ 2(d)) 2022SB-00484-R000623-BA.DOCX
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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 for each biennial inspection or any reinspection. (This is the
amount available under the existing emissions inspection law, and in
practice, the fee is set at $20.)
The bill also allows the commissioner to establish and modify an
additional fee for motor vehicle noise inspection, but it may not exceed
the fee set for an emissions test.
Under the bill, the fees must be paid as the commissioner prescribes.
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 fee ($20) and reinspection requirements to motorcycle emissions
inspections and noise inspections that apply under existing law to
emissions 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 its 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 2022SB-00484-R000623-BA.DOCX
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amount to ensure compliance, but cannot exceed $25,000 per day. By
law, the motor vehicles emission inspection statute is subject to this
penalty provision. Under the bill, this penalty provision also applies to
the noise inspection requirement. (DEEP, however, has not adopted
these penalties.)
DEEP as Agent of the State (§ 6)
The bill makes DEEP the official agent of the state in all noise
inspection matters under any existing and future federal laws, as is the
case under existing law for the emissions inspection statute.
§ 3 — MODIFYING OR REMOVING NOISE LIMITING EQUIPMENT
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
notice of the violation 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 and prohibition:
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
and ensure that the muffler is in use when driving the vehicle. 2022SB-00484-R000623-BA.DOCX
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4. No one, including dealers or repairers, may remove all or part of
a vehicle’s muffler, except to repair or replace it, or part of it, to
prevent noise more effectively.
By law, anyone who violates any of the above faces a fine of $150 per
offense (CGS § 14-80).
§§ 3 & 7 — STATEMENTS OF COMPLIANCE
The bill requires motor vehicle sellers to provide certain statements
attesting that the vehicles they sold comply with the state’s noise limit.
Specifically, licensed motor vehicle dealers and lessors must include
with each sales tax return provided to the Department of Revenue
Services a statement attesting that each vehicle sold during the tax
return period did not exceed the noise limit at the time of the sale. For
casual sales (i.e., sales made by anyone who is not an employee of a
licensed motor vehicle dealer or lessor), the vehicle’s seller must provide
the purchaser with a similar 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.
Mufflers
The bill also increases to 50% (from 6.35%) the sales and use tax rate
on replacement or aftermarket motorcycle mufflers that would cause a 2022SB-00484-R000623-BA.DOCX
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motorcycle to exceed state noise limits. (It is unclear how a retailer
would determine if a muffler would cause a motorcycle to exceed state
noise limits.)
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 surface on which it travels. For vehicles 2022SB-00484-R000623-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).
Related Bill
sHB 5422, favorably reported by the Transportation Committee, has
similar provisions requiring that motor vehicles’ noise level must be
tested at the time of their emissions inspection.
COMMITTEE ACTION
Finance, Revenue and Bonding Committee
Joint Favorable 2022SB-00484-R000623-BA.DOCX
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Yea 35 Nay 14 (04/05/2022)