Or. Admin. Code § 340-035-0025 - Noise Control Regulations for the Sale of New Motor Vehicles
(1) Standards and
Regulations:
(a) No person shall sell or
offer for sale any new motor vehicle designated in this rule which produces a
propulsion noise exceeding the noise limits specified in Table 1, except as
otherwise provided in these rules. [Table not included. See ED.
NOTE.]
(b) Subsequent to the
adoption of a Federal Environmental Protection Agency procedure to determine
sound levels of passenger cars and light trucks, or a nationally accepted
procedure for these vehicles not similar to those specified and approved under
subsection (2)(a) of this rule, the Department shall conduct an evaluation
under such new procedure.
(c) After
an appropriate evaluation of noise emission data measured under the procedure
specified under subsection (1)(b) of this rule, the Department shall make
recommendations to the Commission on the adequacy of the procedure and the
necessity of amendments to this rule for incorporation of the procedure and
associated standards.
(d) No person
shall sell or offer to sell any new motorcycle, new motorcycle exhaust system
or new motorcycle exhaust system component manufactured after January 1, 1983
unless the motorcycle, exhaust system, or exhaust component is properly labeled
or marked in accordance with federal noise regulations specified in Part 205
Subpart E of Title 40 of the Code of Federal Regulations.
(2) Measurement:
(a) Sound measurements shall conform to test
procedures adopted by the Commission in Motor Vehicle Sound Measurement
Procedures Manual (NPCS-21), or to standard methods approved in writing by the
Department. These measurements will generally be carried out by the motor
vehicle manufacturer on a sample of either prototype or production vehicles. A
certification program shall be devised by the manufacturer and submitted to the
Department for approval within 60 days after the adoption of this
rule;
(b) Nothing in this rule
shall preclude the Department from conducting separate or additional noise
level tests and measurements on new motor vehicles being offered for sale.
Therefore, when requested by the Department a new motor vehicle dealer or
manufacturer shall cooperate in reasonable noise testing of a specific class of
motor vehicle being offered for sale.
(3) Manufacturer's Certification:
(a) Prior to the sale of or offer for sale of
any new motor vehicle designated in Table 1, the manufacturer or a designated
representative shall certify in writing to the Department that vehicles listed
in Table 1 made by that manufacturer and offered for sale in the State of
Oregon meet applicable noise limits. Such certification will include a
statement by the manufacturer that: [Table not included. See ED. NOTE.]
(A) The manufacturer has tested sample or
prototype vehicles;
(B) That such
samples or prototypes met applicable noise limits when tested in accordance
with the procedures specified;
(C)
That vehicles offered for sale in Oregon are substantially identical in
construction to such samples or prototypes.
(b) Nothing in this rule shall preclude the
Department from obtaining specific noise measurement data gathered by the
manufacturer on prototype or production vehicles for a class of vehicles for
which the Department has reasonable grounds to believe is not in conformity
with the applicable noise limits.
(4) Exceptions: Upon prior written request
from the manufacturer or designated representative, the Department may
authorize an exception to this noise rule for a class of motor vehicles, if it
can be demonstrated to the Department that for that specific class a vehicle
manufacturer has not had adequate lead-time or does not have the technical
capability to either bring the motor vehicle noise into compliance or to
conduct new motor vehicle noise tests.
(5) Exemptions:
(a) All racing vehicles, except racing
motorcycles and racing motorboats, shall be exempt from the requirements of
this rule provided that such vehicles are operated only at facilities used for
sanctioned racing events;
(b)
Racing motorcycles and racing motorboats shall be exempt from the requirements
of this rule provided that racing motorcycles are operated only at facilities
used for sanctioned racing events, racing motorboats are operated only at areas
designated by the State Marine Board for testing or at an approved racing
event, and the following conditions are complied with:
(A) Prior to the sale of a racing motorcycle
or racing motorboat, the prospective purchaser shall file a notarized affidavit
with the Department, on a Departmentally approved form, stating that it is the
intention of such prospective purchaser to operate the vehicle only at
facilities used for sanctioned racing events; and
(B) No racing vehicle shall be displayed for
sale in the State of Oregon without notice prominently affixed thereto:
(i) That such vehicle will be exempt from the
requirements of this rule only upon demonstration to the Department that the
vehicle will be operated only at facilities used for sanctioned racing events,
and
(ii) That a notarized affidavit
will be required of the prospective purchaser stating that it is the intention
of such prospective purchaser to operate the vehicle only at facilities used
for sanctioned racing events; and
(C) No racing vehicle shall be locally
advertised in the State of Oregon as being for sale without notice included:
(i) Which is substantially similar to that
required in subparagraph (B)(i) and (ii) of this subsection; and
(ii) Which is unambiguous as to which vehicle
such notice applies.
[NOTE: View referenced tables and manuals by clicking on the Tables link below.]
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 467
Statutes/Other Implemented: ORS 467.030
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