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/partspage.../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.
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?
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as of that date is repealed, unless a later enacted statute that is enacted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).
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. ยง 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)
BoatCop it's always nice reading your posts. You share very good detailed info. Thanks
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....
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!
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!
O.K Im 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?
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
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.
Posting Permissions
Reply With Quote