Comment
17 Oct
Aloha

Hawaii Roll-offs are coming at 4:45 and picking up refuse from Aloha Kitchen, 432 Ena Rd. The noise ordinance says 6:00 is the earliest they can come. What do we do to enforce?

Quieter O'ahu
17 October 2016

Aloha,
​
Yes, we've heard many complaints about commercial activities beginning with the noise before they're supposed to.  Here's a link to the "current" version of the O'ahu Noise Reference Manual http://health.hawaii.gov/irhb/files/2013/07/noiserefoahu.pdf .  Although dated 2008 it is still reasonably current, although if you reach an old/unworking number you may have to verify the new one on the internet.  The reference manual addresses noise from garbage collection at public schools and garbage collection by the City and County and points to who has jurisdiction.  Your case sounds more like a commercial garbage collection service and the numbers provided may not apply.  I'd suggest going to our website page at http://www.quieteroahu.com/reporting-noise-violations.html and contacting the Hawai'i Department of Health, Mr. James Toma.  He is the Noise Section supervisor and his email and phone number are listed on that page.

Good luck.  Let us know if they were (or were not) able/willing to help.

Quieter O'ahu

Comment
Not sure if this is still active, but I'm at my wit's end with the motorcycles here. The cops wont do anything. The motorcycles seem to get louder and louder every day. 

Quieter O'ahu 

Where to begin.  Well, maybe at the beginning.

First, we have ample ordnances and statues on the books that 'Could' be enforced by HPD, but the matter is, simply, that they do not.  They will tell you that the ordnances and statues are written vaguely, and that there's no accurate way of determining that a motorcycle is too loud.  Yeah, really!  You can find many of these very straightforward ordnances and statutes here:  Hawai'i Noise Laws and here:  Reporting Noise Violations.

So the next route is to understand that the really loud motorcycles are loud because the exhaust has been modified to remove the muffler and use a "straight pipe" from the manifold to the environment.  Some of these straight pipes have additional baffles added to the interior to increase the resonance (noise) of the pipe.  Aftermarket, and illegal, exhaust systems have been documented as loud as 127dB(a).  That is many, many, many, many times louder than permitted under Hawai'i's laws and statues.

But another approach could be to report the offending motorcycle, or motorcycles to HPD on the basis of their being illegally equipped according the the "Periodic Motor Vehicle Inspection (PMVI) Guide for Inspectors of Motorcycles."  You can find a copy of the PMVI at:  PMVI Manual For Inspectors Of Motorcycles.

At page 5 of the guide it specifically addresses the requirement for an exhaust system.  This includes the requirement for a functioning muffler.  Straight pipes do not have mufflers, hence, the officer can compel the owner to have the motorcycle re-inspected - usually by the Dept of Motor Vehicles Reconstruction Branch, to determine if it's in compliance.  This will make the owner reinstall the muffler or face fines or possibly forfeiture.  The requirements from the PMVI are:EXHAUST SYSTEM (Line 6 of Form)
Components must be securely mounted, have no leaks or an unacceptably loud
sound level. Welding cracks is an acceptable method of repairing an exhaust pipe. Fail exhaust system if:
--It is leaking.
--Any component part is not securely fastened.
--Any component part is missing, equipped with exhaust cut-outs, by-pass or similar devices or lacks a muffler. Installing a baffle in an open pipe is acceptable provided it reduces the noise level to about that of a stock exhaust system.
--Emits a much louder noise than that emitted by the vehicle as equipped from the factory, or
--Exhaust gas is not exiting beyond the passenger. 

But to really take care of this problem will require our elected officials to bring pressure to bear on the Chief of Police and Officers of HPD to enforce the laws.  And if those laws are, in fact, too vague, make them clear and make HPD enforce them.  To do this I suggest you email your Neighborhood Board, your Council Person, and perhaps even notify the media - they're always up for a good human interest piece.  You can find contact information for each of these at this link: Things You Can Do.

When it comes to the egregiously out of control noise of motorcycles, boom cars, car and truck illegally modified exhausts and other sources of noise, we have to combat the problem by making our own noise.  Exercise your email and let your elected representatives know that you're not going to take it any more.

Good luck.
​
Very best regards,
Quieter O'ahu

Comment
Aloha!

If we have ordinances regarding the noise emitted by mufflers, how are these vehicles passing safety inspections? Is this not part of the inspection?

Quieter O'ahu
Excellent question.  Yes, there are numerous statutes and ordinances covering muffler noise on automobiles, mopeds, and motorcycles.  Why are they passing safety inspections?  Because State of Hawaii and City and County of Honolulu claim that it's too hard to enforce these laws.  Specifically, most of the laws are written, according to the authorities, too broadly.  For example, quoting in part:
Illegally Modified Mufflers And Exhausts.
Hawai'i Law - ROH Sec. 15-19.28    Mufflers--Noise-Controlling Devices.
(a)    No person shall operate a motor vehicle on a public highway or street unless such motor vehicle is equipped, at all times, with a muffler or mufflers in constant operation and of such length and size or of sufficient capacity for the motor and/or exhaust system to prevent the escape of excessive or annoying fumes or smoke, and excessive or unusual noise. The term "excessive or unusual noise," as used in this section, means noise in excess of the usual noise which would necessarily result from the operation of a motor when reduced to the minimum by a muffler such as is defined herein...

Both HPD and the City Attorney maintain that "excessive" isn't clear.  What's excessive to one person isn't excessive to another.  Here's another example:
Hawai'i Law - HRS Section 291-22  Regulation Of Exhaust Pipe And Muffler.  
It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof.  In this example they maintain that it's not possible to interpret "increase the volume" and, therefore, they can't enforce this law.  Yet another:

Hawai'i Law - HRS Section 291-24  Motorcycles And Mopeds, Noisy Mufflers; Penalty.  
(a)  Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.  No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped...

Here the sticking point with the authorities is "increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed..."  How do we know how loud the original was compared to the modification. they ask?  And yes, there's one for automobiles also:

Hawai'i Law - HRS Section 291-24.5  Motor Vehicle Muffler.  
(a)  No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory...

Same arguments.  But what will probably really raise your temperature is this.  On the large motorcycles, the biggest offender of modified exhausts and the noise they generate, is that these modifications completely remove the "muffler" component leaving nothing but a straight pipe from manifold to atmosphere.  They're intentionally designed to maximize the noise/resonance of the exhaust.  So where an EPA approved motorcycle exhausts has a nominal noise level of approximately 81dB(a), these modified pipes can reach 125dB(a).  Anything above 120dB(a) is considered a hazard to hearing.

But here's the temperature raising part.  The Periodic Motor Vehicle Inspection (PMVI) for Motorcycles at page 5 says that if a motorcycle does not have a muffler it is to be failed for safety.  Nonetheless, spend some time at any of the State's inspection stations and sooner of later (usually sooner) you'll see a motorcycle with straight pipes, clearly no muffler, being passed in safety inspection.  Over and over again.  You can find a link to the PMVI on our site under P1 - Our Noise Laws.  Yes, unbelievable but all true.

A Quieter O'ahu has been lobbying, and recommending that others do as well, our legislators to change the current laws to reflect language more easily understood and defined.  Many municipalities, for example, have adopted adopted language such as "any motorcycle exhaust system capable of being heard at a distance greater than 50 feet from the end of the exhaust pipe shall be deemed and illegal exhaust system."  Nothing ambiguous there.  The distance is simply derived by taking a legal exhaust and measuring the distance from which it can't be heard - 50 feet for example.  It would be hard for the authorities to argue that kind of language would be difficult to enforce.  And beyond motorcycle exhausts such language could be applied to boom boxes, boom car stereos, mopeds, gas blowers, and any and all devices emitting unwanted noise levels.

Thanks for your note.  Hope this lengthy reply provides some insights.

Very best,
A Quieter O'ahu

Comment
I am a Producer at Hawaii News Now. I would like to know as soon as possible about any effort to improve laws or enforcement on vehicle noise.
One question: According to NoiseOff - the labeling law is a federal requirement; but I don't see it in Hawaii statutes. Has that been discussed here? Is it your opinion that Hawaii is actually violating the federal law by not enforcing these statutes?
Aloha

Quieter O'ahu
Thanks for the email.  How do we respond to your question?  Really!  Most Hawaii residents would be appalled at how bad it really is.

Many states have enacted statutes that require adherence to the labeling requirement; Hawai'i has not.  Not only does this apply to automobiles and trucks, but the grandest offenders of all are the motorcycle riders.  

If you look at our website on page: Hawai'i Noise Laws under Illegally Modified Mufflers And Exhausts.

Hawai'i Law - ROH Sec. 15-19.28    Mufflers--Noise-Controlling Devices. you'll find at subpar (d):  
[Quote] (d)    No person shall operate a motor vehicle on a public highway equipped with an exhaust system or device which will amplify or increase the noise emitted by the motor of such motor vehicle above that emitted by the exhaust system or device with which the motor vehicle came originally equipped from the factory. [End Quote]  You'd think that an easy way of determining if the muffler is louder would be to check and see if has the compliance label.  Too hard says HPD.  So, it's simply..... Not enforced.

Similar restrictions are incorporated into State and City and County rules and ordinances, but HPD has chosen to exercise "Officers' Discretion" not to enforce.  This tracks up to the highest level of HPD command, to the Chief of Police.

We have some interesting stats on how many "Noise Laws" are actually enforced by HPD of those on the books.  By extrapolation HPD's history of noise ordinances/statues equates to each HPD Officer averaging enforcement of 8 citations per average career of 20 years. Not a high priority.  And why?  The actual numbers that we've used can be found at: HPD's Poor Record Of Enforcement. You'll see the actual numbers that HPD has reported between 2004 - 2008.  We've looked for more recent statistics but cannot find any.  It's likely they no longer can be bothered with maintaining these numbers.  It would be an embarrassment if HPD cared, but they do not.

Too, of the few rules that we do have on the books, politicians find them "Inconvenient."  Tulsi Gabbard, for example, is on record saying that our "Prohibited Noise" ordinance is too restrictive limiting noise to being heard at 30 feet from the offending vehicle.  Instead, she proposed changing the existing ordinance from 30 feet to 100 feet.  What would have been the effect, For everyone in Hawai'i and on O'ahu living next to a roadway, or close proximity of a street, that meant that it's okay with Tulsi if the boom boxes and extraordinary loud "Boom Car" stereos can be heard in your living room.  See our link at Illegally Used Boom Car Stereos for how loud those can be - - Deafening!

As an example of lobbying pressures, Representative Marcus Oshiro (D-Wahiawa) attempted to promote legislation dealing with loud auto stereos.  He immediately came under attack by the very strong lobby of O'ahu stereo retailers.  He caved.  In the end he agreed with the industry that although they sold amplifiers and speakers capable of achieving 5000 or greater Watts no one would really turn them up that high, and that, in effect, they would police themselves.  You can find the pathetic details of that exchange at Our Noise Blog.

In sum, numerous laws, statutes, rules, ordinances, are already on the books.  Just a question of lack of enforcement, although HPD will trot out their metrics that, on face value, appears that they are doing a great job.  In reality, if you can find an average patrol officer willing to discuss, they are told through their chain of command that noise ordinances will not be enforced.

It's just the way it is.

Maybe you can help draw attention to the political influence, buy-offs, and lack of enforcement, that bring us to our horrible state of noise pollution that we live under today.  Should be better.  Should be quieter.  There was a time you could year the trades gently rustling the palm fronds.  A bygone day.

Very best regards,
A Quieter O'ahu

Comment
Hello, I live in Honolulu HI 96825. My neighbors across the street have several dogs that they let bark, actually yap for hours and hours and hours. Mostly early in the morning starting at around 7:30 am. they are so loud that when we close every door and window in the house you can still hear these oversized rats yapping. I work a few days out of the week until 6am, get home around 7 and am not able to sleep because the dogs hear me get home and just bark!! I wrote my neighbors a letter begging them to keep the dogs inside if they are not home and to also call them inside when they are home. They have no respect for their neighbors and im going crazy. All i hear is barking. And when they stop i hear the echo of their barking ringing in my head. What steps can i take to limit this noise? please help! we are all animal lovers but cant take these dogs anymore!

Quieter O'ahu

Sorry to hear about your problem with noise.  Yes, we have a couple fur babies, too.  But along with ownership comes the responsibility to manage pets so they don't create a nuisance within the community.

On our website at Reporting Noise Violations you'll find a link to the 2008 Version of the O'ahu Noise Reference Manual.  A few of the numbers are out of date, but it's a good reference for who has jurisdiction over what types of noise.  Surprisingly, it's spread over several agencies.
For animal disturbances the City and County have given jurisdiction to the Hawaiian Humane Society.  At page six of the manual it has their number, but it may be wrong.  I checked their website and their general number is: Phone: (808) 356-2200.  Tell them you're calling to report loud animal noise and they will probably dispatch a field team to investigate.

Hope this helps.

Very best,
Quieter O'ahu

Comment
I live on Big Island, Hilo side, and struggling with noise issues is something I struggle with a great deal. If you know of anyone on the Big Island, preferably Hilo side, that I could get together with to start making more progress on lessening unwanted noise here, please help me get in touch with them.

p.s. I had to select a neighborhood on Oahu above, but I do not live on Oahu.

Quieter O'ahu

We've updated our website on this page Reporting Noise Violations to provide a link to the Big Island Noise Reference Manual.  This manual, although dated 2008, is still a pretty good reference.  One of the biggest obstacles folks encounter in dealing with noise is first determining WHO has jurisdiction over the noise.  The manual addresses jurisdiction fairly well.  Generally, there are noises that fall under the Hawai'i Department of Health state-wide, their "updated" contact info is on the same page above, your city and county police department, in your case Hawai'i Police Department, and the SPCA for barking dogs and other animal noises.  For those noises dealing with loud vehicles there are several  statutes cited on the page above that can be referenced when discussing with HPD.  Those that are "ROH" are Revised Ordinances of Honolulu and wouldn't apply to City and County of Hawai'i, but those marked "HRS" are Hawai'i Revised Statutes and apply state-wide.  A more descriptive list of the laws/statutes can be found on our page here:  Hawai'i Noise Laws. 
But whether the jurisdiction of HPD, Department of Health, or whomever, the first thing you can do is pick up the phone and call or drop them an email to report the offender of the problem.  
We also recommend contacting your Hilo-side council member, which is probably either District 1, 2, or 3.  All cover some portion of Hilo.  District 1 council member is Valerie Poindexter, her email is: vpoindexter@co.hawaii.hi.us, District 2 would be J Yoshimoto, his email is:  jyoshimoto@co.hawaii.hi.us, and finally, District 3 is Dennis Onishi, his email is:  donnish@co.hawaii.hi.us.  All of your council members' contact info can be found at:  http://www.hawaiicounty.gov/council/.  Never hesitate to let your council people know what's on your mind.

Good luck,
Quieter O'ahu

Comment
motorcycle and moped noise is getting worse. the police should be spending more time and resources to cite violators. alawai park from mccully to university is the most urban park in the state with thousands of people directly affected by the noise there. the baseball and soccer are no problem but the occasional amplification sometimes all saturday or sunday mornings should not be allowed. thanks for your efforts.

Quieter O'ahu 

​You're absolutely right.

At Illegally Modified Motorcycle Exhausts we talk in detail about the actual nature of the problem - ILLEGALLY MODIFIED EXHAUSTS.  One thing that people don't understand is that when Harley Davidson rolls a new cycle off the line it is as quiet as a passenger truck - approximately 80dB(a).  But that doesn't satisfy the new owner, not by far.  The removal of the muffler completely and replacing with either straight pipes or resonance chambers amplifies the exhausts noise to nearly 100dB(a), and can go as high as 125dB(a).  Modification of muffler systems is illegal in the State of Hawaii.

I have sat in on several, several, several neighborhood boards where HPD has shown up to give testimony about loud motorcycles.  Time and again their story is "We don't get any complaints."  And, unfortunately, that's the truth of it.  HPD says they apply their resources to enforcement of issues "most important" to the community based upon the complaints they receive from the community.

When I have called HPD personally I've found that they respond quickly and will listen to your complaint.  Often they will say "we don't have the noise measurement equipment to prove they're too loud" so I've almost given up on that one.  What I've found to be effective, however, is to point out the offending motorcycles exhausts system, usually straight pipes without a muffler, and then point the officer's attention to the Hawai'i "Periodic Motor Vehicle Inspection (PMVI) Guide," also found on the page below.  I then reference Hawai'i Revised Statutes (HRS) 286-22 "Inspection by Officers of the Police Department" which gives officers' the authority to check ANY vehicle at ANY TIME to ensure they are in compliance with the safety inspection requirements.  ANY motorcycle without a muffler (not just pipes) is in violation and 1) can be cited and fined, or 2) made to submit to a re-construction inspection and brought into compliance, or both.  I've only had one officer tell me that under "his discretion" he doesn't have to do either.  When I then politely asked for his name and badge number there was a remarkable transformation, and the motorcycle was cited.

We outline Hawai'i noise laws on our site at: Hawai'i Noise Laws.

It's unfortunate that we've come to the point that "if we say nothing, they do nothing" but it truly is that way.

I see you're from the McCully/Moiliili Neighborhood.  The neighborhood board link is below - check it out and consider attending. If more people would, and stood up during the public comments time to talk about this problem, perhaps enough would act to make a difference.

Neighborhood Board Number 8 - Moiliili.  

Good luck.

Very best,
A Quieter O'ahu

Comment
Please tell me how I can participate in making the change to quieter neighborhoods. And if possible, explain why these people that drive loud motorcycles or cars do not realize the harm and stress their causing others.

Quieter O'ahu 
Oct 12 (1 day ago)

Mahalo for taking the time to drop us a note.

To your first question, be a vocal advocate for ENFORCEMENT of our current extensive number of noise statutes and ordinances that are already on the books (many of these are enumerated on our website).  Every neighborhood board allows time for residents to speak to the board and others in attendance at scheduled meetings.  Just send an email to your specific neighborhood representative (our website has links to the boards where representative names and emails can be found) asking to be added to the agenda as a speaker.  At each neighborhood board meeting there will be State Representatives and/or Senators, a representative from the Office of the Mayor, your councilperson, and representatives from HPD.  Even if you're only allotted two minutes your statement can be as simple as (use your own words - this is just an example) "I'm here to express my concern as a resident to the continuing and escalating noise in our neighborhood from motorcycles and cars - noise for the most part resulting from illegal modifications to mufflers or exhaust systems.  I'm requesting that this board, and the various representatives of HPD, Mayor's Office, and other representatives, begin to address this issue in earnest.  And the BEST way to begin doing so is to begin enforcing the many ordinances and statutes that have already been enacted for our protection, but which are not being enforced today."  Simple, the point, and it will begin to attract attention.  If folks at EVERY neighborhood board meeting would do that, the problem would gain visibility and shining a light on the problem like that is what we need to see more of.
Why do people make noise?  There are many reasons.  None that would justify this bad behavior.  Psychologists write books addressing some people's need for attention, and whether the attention is positive of negative doesn't matter - it feeds a need to stand-out and be recognized.  In many cases they're mimicking behavior of peers.  These are personal issues far too deep to address here.  But for the most part, people do it just because they can.  Not unlike a child who acts-out in defiance or frustration and who, until re-focused or otherwise disciplined, will continue to do so, with the acting-out becoming progressively worse. 

Mahalo for your note,
A Quieter O'ahu

Oct 17 2016

Mahalo nui loa for your rapid and thorough responses.  Also thank you for providing good information pertaining to the noise issue.  I cannot believe we have regulations for it and still I hear so many people breaking the law outside of my home.  I will look into attending the neighborhood meetings to voice my concern. 


Have a good rest of the weekend.

Aloha,

​Comment
Thank you for your helpful website. Can you help with construction noise? A developer is building houses near my townhome, and the noise is very loud. I measure the noise above 70 dB regularly, and that is inside my house with the windows shut. I'd like to know what laws might protect neighbors from disruptive construction noise.

Quieter O'ahu 

Yeah, industrial racket can be painful. 

I'd recommend you contact the Hawaii Department of Health (DOH) and ask that they take a noise reading of the site.  Noise goes hand-in-hand with construction, but to the extent possible general contractors should employ noise abatement procedures.  

Here's our website link that provides a brief overview of the noise that falls under DOH jurisdiction, including industrial noise, and their contact information.  It has a link that will launch your email browser to send an email to their POC, Daryn Yamada, who was last listed as their point of contact for noise issues.  Their address and phone number is also provided at this link:
Reporting Noise Violations.  

You might also think about dropping an email to the local TV stations to bring their attention to the noise.  They often will do spots to highlight community problems, and if the noise is bothering you, it's bothering others as well.  Link to their contact info is:
Things You Can Do.  

Good luck.  Hope that you can get their attention.