Paging Boat Cop

[Essex502]

Alan,
As you know I and others on this boat are deeply involved in the noise issues pertaining to the Lake Havasu Marina. I have come across two different documents on the Web that differ in the measurement standard used in Arizona. Both documents state that the legal noise limit is 86 decibels using the A scale but the procedure cited refer to the SAE J1970 or the SAE J34 standard. Each website specifies a different standard. Neither website is the Arizona state website. Can you clear up which is the proper testing procedure as specified by AZ law?
Sites:
Corsa Marina Website (http://www.marineparts.com/partspages/Corsa-Gil/noiselaws.htm)
NASBLA Website (http://www.nasbla.org/pdf/Nasbla%20Ref%20Guide%205.pdf)
I have copies of both standards and want to be completely legal against the applicable law. We are also trying to contact a testing facility to perform the standardized tests to assure the proper implementation.
Thanks for the help.

[76BARRON]

I have heard or read (many months ago)that there may be different noise standards depending on the year(age) of boat? for example boats mfg before
1980 or 1970 or so may have a different standard that may be a few db
higher?
Does anybody have any info on this? boatcop?

[Essex502]

I have heard or read (many months ago)that there may be different noise standards depending on the year(age) of boat? for example boats mfg before
1980 or 1970 or so may have a different standard that may be a few db
higher?
Does anybody have any info on this? boatcop?
In California per the new law going into effect January 1 there is a "grandfather's clause" for older boats. It has been posted on these boards a few times...but a synopsis is....
"(d) This section shall remain in effect only until January 1, 2005, and
as of that date is repealed, unless a later enacted statute that is enacted
before January 1, 2005, deletes or extends that date.
SEC. 5. Section 654.05 is added to the Harbors and Navigation
Code, to read:
654.05. (a) A person may not operate a motorized recreational
vessel in or upon the inland waters, or in or upon ocean waters that are
within one mile of the coastline of the state, in a manner that exceeds the
following noise levels:
(1) For engines manufactured before January 1, 1993, a noise level
of 90 dB(A) when subjected to the Society of Automotive Engineers
Recommended Practice SAE J2005 (Stationary Sound Level
Measurement Procedure for Pleasure Motorboats).
(2) For engines manufactured on or after January 1, 1993, a noise
level of 88 dB(A) when subjected to the Society of Automotive
Engineers Recommended Practice SAE J2005 (Stationary Sound Level
Measurement Procedure for Pleasure Motorboats).
So boats and engines manufactured BEFORE January 1, 1993 will have a 2 db higher limit of 90 db(A).

[Boatcop]

Arizona Law (Laws passed by the legislature) requires all vessels to have muffling devices installed, in good working order, and in constant operation, to muffle unreasonable noise.
Arizona Revised Statutes (ARS) 5-336. Muffling devices
A. Every motor driven watercraft shall at all times be equipped with effective equipment, in good working order and in constant operation, to prevent excessive or unusual noise except as provided in subsection C.
B. It is not the intent of this section to prohibit the use of any type of exhaust system or exhaust device, including those systems and devices which do not discharge water with the exhaust gases, if such system or device complies with subsection A of this section.
C. All watercraft actually competing in a regatta, boat race or official trials for speed records, and within the time limits authorized by the sanctioning body of such event are exempt from this section. Permits designating place and time limits are required and shall be issued by the department prior to the testing of watercraft on the water when sufficient evidence is provided by the applicant that such watercraft is actually entered in an event sanctioned by a national or regional organization having jurisdiction over the event.
Arizona Game and Fish Commission Rules (Enacted by the Arizona Game and Fish Commission) require that the noise level be no more than 86 db measured on the "A" scale at 50 feet.
R12-4-516. Watercraft Sound Level Restriction
A. It shall be unlawful for any person to operate a watercraft upon the waters of this state under any condition or in any manner that the watercraft emits a sound level in excess of 86 decibels on the "A" weighted scale when measured from a distance of 50 feet or more from the watercraft.
B. This Section shall not apply to watercraft operated under permits issued in accordance to A.R.S. § 5-336(C).
No mention is made on SAE testing standards, whether SAE J34 or J1970, although the wording in the Rule seems to be along the guidelines of J34.
Although I haven't heard of any discussion on the sound issue in Arizona, YET, I should advise that if Arizona wanted to adopt the new SAE standards, effective Jan 1, 2005 in California, all it would take would be a Rule Change by the Commission, and not a revision to the State Law by the legislature.
The Legislature here realized years ago that specific issues were better handled bmy the Commission, and not by Politicians. In setting up the Arizona laws relating to Boating, Hunting and Fishing, they gave a great degree of latitude to the Comission to know what is best for the State's boaters, anglers and hunters.
The Commission is an appointed body, and holds regular scheduled open meetings, with the agenda posted in advance. If anyone wants to watch and see if this matter is going to come up, you can access the Commission's meeting schedules and Agendas here:
AZGFD Commission Meetings (http://www.azgfd.com/artman/publish/cat_index_19.shtml)

[Tequila-John]

BoatCop it's always nice reading your posts. You share very good detailed info. Thanks

[FastTimmy]

If you want to split hairs I read the law as the noise level depends on the year of the engine not the year of the boat.. I get a couple of free db's with my 1969 block.... ;)

[Havasu_Dreamin]

So, bascially, the Arizona law that the Marina cites in it's letter to the State Land Department is just a requirement of a muffling device installed on the boat. We have mufflers installed and we were still banned!

[Essex502]

Arizona Law (Laws passed by the legislature) requires all vessels to have muffling devices installed, in good working order, and in constant operation, to muffle unreasonable noise.
Arizona Game and Fish Commission Rules (Enacted by the Arizona Game and Fish Commission) require that the noise level be no more than 86 db measured on the "A" scale at 50 feet.
No mention is made on SAE testing standards, whether SAE J34 or J1970, although the wording in the Rule seems to be along the guidelines of J34.
Although I haven't heard of any discussion on the sound issue in Arizona, YET, I should advise that if Arizona wanted to adopt the new SAE standards, effective Jan 1, 2005 in California, all it would take would be a Rule Change by the Commission, and not a revision to the State Law by the legislature.
The Legislature here realized years ago that specific issues were better handled bmy the Commission, and not by Politicians. In setting up the Arizona laws relating to Boating, Hunting and Fishing, they gave a great degree of latitude to the Comission to know what is best for the State's boaters, anglers and hunters.
The Commission is an appointed body, and holds regular scheduled open meetings, with the agenda posted in advance. If anyone wants to watch and see if this matter is going to come up, you can access the Commission's meeting schedules and Agendas here:
AZGFD Commission Meetings (http://www.azgfd.com/artman/publish/cat_index_19.shtml)
Thanks Alan for your support, as always. You deserve a lot credit coming here and helping us as you do. Thanks again.
I have a copy of the SAE J34 procedure as well as the SAE J1970 and J2005 procedures and they are very specific on the testing process. The Lake Havasu Marina follows none of the procedures NOR the one you mentioned above.
The SAE J34 is a drive-by test done 25 meters from the shore with the boat passing a marked bouy course at 1/2 of the recommended maximum RPM by the engine manufacture. This is impractical at best to be used almost anywhere. The J1970 is also a shoreline test but done statically. The J2005 test is the easiest to perform by LE and should be adopted byb every state if they want a uniform, easy to use procedure for their personnel to use.
Thanks again!

[76BARRON]

O.K Im confused :confused:
Let me see if I get any of this!
It seem's that by one standard that old boat's(pre93 ) get a 2 db break?
BUT
The Arizona law did not ,does not and will not have any provision/allowence
for old vs new boats at all.
Is my thinking correct on this? :confused:
Any word on "TRUE VINTAGE" boats ,like chriscraft(wood) boats and others from 1940's and 1950's?
Thanks to all who have posted on this so far!
I am just trying to come up to speed on this before the new year.
Also......... are new(noise) law's to be inforced by L.E.O's only or will it be by anybody(private) or other wise? Does Jurisdiction still need to be determined between L.E and Marina's ?So far it look's like a tie!
THANKS
76

[STV_Keith]

Does this law apply to outboards at all? I mean, I've never been stopped or checked or asked, but ya never know. I'd like to be informed about it. :)

[Essex502]

O.K Im confused :confused:
Let me see if I get any of this!
It seem's that by one standard that old boat's(pre93 ) get a 2 db break?
BUT
The Arizona law did not ,does not and will not have any provision/allowence
for old vs new boats at all.
Is my thinking correct on this? :confused:
Any word on "TRUE VINTAGE" boats ,like chriscraft(wood) boats and others from 1940's and 1950's?
Thanks to all who have posted on this so far!
I am just trying to come up to speed on this before the new year.
Also......... are new(noise) law's to be inforced by L.E.O's only or will it be by anybody(private) or other wise? Does Jurisdiction still need to be determined between L.E and Marina's ?So far it look's like a tie!
THANKS
76
Your are correct in that the Arizona law does not give a break to older boats...that's because, in my opinion, the law has been on the books since the older boats have been in use. What they haven't done is "tighten" the law for new boats.
The California law that will go into effect in January does give a break to the older boats.
The Colorado River and the lakes along it are shared enforcement which mean either bordering state can apply their laws up to the waterline.

[Essex502]

Does this law apply to outboards at all? I mean, I've never been stopped or checked or asked, but ya never know. I'd like to be informed about it. :)
Keith...it applies to all boats...it's just that wacka's don't make all that much noise relative to the non-wacka's.
You should be off the hook...except at the Lake Havasu Marina, of course. Next week they will be banning all bright yellow boats because the hurt the eyes of the staff of some such nonsense.

[PHOTOGLOU]

This Section shall not apply to watercraft operated under permits issued in accordance to A.R.S. § 5-336(C). What is this and how do I get one

[uvindex]

This Section shall not apply to watercraft operated under permits issued in accordance to A.R.S. § 5-336(C). What is this and how do I get oneIt means you have to be participating in an organized race :) Here's the statute: "All watercraft actually competing in a regatta, boat race or official trials for speed records, and within the time limits authorized by the sanctioning body of such event are exempt from this section. Permits designating place and time limits are required and shall be issued by the department prior to the testing of watercraft on the water when sufficient evidence is provided by the applicant that such watercraft is actually entered in an event sanctioned by a national or regional organization having jurisdiction over the event."

[Boatcop]

This Section shall not apply to watercraft operated under permits issued in accordance to A.R.S. § 5-336(C). What is this and how do I get one
Jay,
The Game and Fish Dept issues tuning/testing permits to boat racers and manufacturers so they can test their boats. The permits are for a specific boat, at a specific place and a specific time.
Can be for no more than one day per week, two consecutive hours per day, and never on a weekend or Holiday. Also for an area of waterway not to exceed 1 mile in total distance. The permit must be on board the boat being tested.
The exemption is for mufflers/noise level only. All other provisions of the law must be adhered to.
Needless to say, they are very stingy in issuing these permits. nowadys. A Parker boat builder, who shall remain nameless, made a habit of passing out copies of his permit to all his buddies, so they could run their flatties. On weekends, Holidays, all day long, up[ and down the entire River, etc. It didn't take long for the state to figure out what he was doing and revoked his permit. They also made obtaining them VERY difficult.

[Havasu4me]

"A. Every motor driven watercraft shall at all times be equipped with effective equipment, in good working order and in constant operation, to prevent excessive or unusual noise except as provided in subsection C."
BoatCop, correct me if I'm wrong.
All boats must have some type of mufflers or other device that will reduce the noise.
Does this mean that a boater can get a ticket strictly for not having mufflers?
Do you even have to check the decible level on a boat w/ no mufflers?
So, pretty much all boats that have "thru hull exaust" are illegal in AZ???
Thanks in advance for the help
Steve

[Moneypitt]

Back in 86' I got a ticket at Shasta for "no mufflers". The boat was parked at the dock, and the cop waited till it was started and gave me the shut off sign and proceeded to write a "no Muffler" ticket. No noise violation, no noise reading (db). Just the fact that there were no mufflers was illegal..........MP

[That Guy]

Keith...it applies to all boats...it's just that wacka's don't make all that much noise relative to the non-wacka's.
You should be off the hook...except at the Lake Havasu Marina, of course. Next week they will be banning all bright yellow boats because the hurt the eyes of the staff of some such nonsense.
Exactly right....blue boats, yellow boats, girls with blonde hair, etc...they are making this up as they go....

[CrazyHippy]

"A. Every motor driven watercraft shall at all times be equipped with effective equipment, in good working order and in constant operation, to prevent excessive or unusual noise except as provided in subsection C."
BoatCop, correct me if I'm wrong.
All boats must have some type of mufflers or other device that will reduce the noise.
Does this mean that a boater can get a ticket strictly for not having mufflers?
Do you even have to check the decible level on a boat w/ no mufflers?
So, pretty much all boats that have "thru hull exaust" are illegal in AZ???
Thanks in advance for the help
Steve
Water running through the exhaust (99% of new through hull stuff) could and has been considered a muffling device.
BJH