Section 5.125. Noise level standards for motor boats.

 

(1)   Testing requirements.

(a) The operator of any boat, when requested by a law enforcement officer who reasonably suspects a violation of s. 30.62 (2) , Stats., shall operate his or her boat in a manner prescribed by the officer, to determine compliance with s. 30.62 (2) , Stats.

(b) An officer requesting a boat operator to submit to a noise test shall test the boat using testing methods J34, J1970 or J2005.

(c) When the J2005 testing method is used, the officer shall deduct 2 decibels from the decibel reading.

(2)   Proof of compliance for manufacturers.

(a) The manufacturer of any engine model manufactured after September 1, 1986 and offered for sale in this state will send a letter of compliance to the Wisconsin Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin 53707 (Attention: Boating Safety Section).

(b) The letter shall contain the following information:

1. The name, address, and phone number of the manufacturer.

2. A statement that a representative sample of each model or model group, properly installed on a motorboat on which it is typically used, has been tested in accordance with Society of Automotive Engineers Recommended Practice SAE J34a, dated April, 1977, and meets the requirements of s. 30.62 (2) , Stats.

3. The description and model designation of each representative engine and the motorboat on which it was tested.

(c) The department may request additional information from the manufacturer to determine if the engine complies with SAE J34a, dated April, 1977, and s. 30.62 (2) , Stats.

(3)  

(a) Manufacturer's standard. The noise level testing procedures of the Society of Automotive Engineers Recommended Practice Report J34a, dated April, 1977, shall be adhered to by manufacturers when submitting proof of compliance according to s. 30.62 (2) (d) , Stats.

(b) Operation standard. Noise level testing procedures J34a, J1970 or J2005 of the Society of Automotive Engineers shall be adhered to by boat operators when requested to submit to one or more of them by officers conducting noise tests on boats operating in the state of Wisconsin.

(4)   Cutout mechanisms. No person may operate a boat that is equipped with a muffler cut out, by-pass switch or similar device unless the operator of the boat can demonstrate at the time of inspection that the boat cannot operate contrary to s. 30.62 (2) (b) , Stats.

(5)   Refusal to allow testing. No operator of any boat may refuse to operate his or her boat in a manner prescribed by the law enforcement officer who reasonably suspects a violation of s. 30.62 (2) , Stats.

(6)   Exemptions. Any boat being operated for one of the following purposes is exempt from the noise level requirements established for motorboats under s. 30.62 (2) (b) , Stats.

(a) A boat being used by an authorized agent of the federal, state or municipal government to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs.

(b) A boat being used for search and rescue or training for search and rescue operations at the request of a governmental agency, while being used under the direction or control of a governmental agency.

(c) A boat being used by a trapper for the sole purpose of trapping from November 1 thru March 31. This paragraph does not apply after March 31, 2009.

History: Cr. Register, August, 1986, No. 368 , eff. 9-1-86; renum. (1) (a) to (d) to be 5.001 (8), (11), (9), (10), Register, July, 1993, No. 451 , eff. 8-1-93; cr. (1), (4) and (5), Register, May, 1995, No. 473 , eff. 6-1-95; r. and recr. (1) (b), renum. (3) to be (3) (a), cr. (3) (b), am. (4), Register, March, 2000, No. 531 , eff. 4-1-00; CR 01-007 : r. and recr. (1) (c), Register November 2001 No. 551 , eff. 12-1-01; CR 06-039 : cr. (1) (d), (e) and (6) Register December 2007 No. 624 , eff. 1-1-08; CR 14-048 : am. (1) (b) and (c), r. (1) (d) and (e) Register May 2015 No. 713 , eff. 6-1-15.

Note

Copies of the Society of Automotive Engineers Recommended Practice Report J34, J1970 and J2005 entitled "Exterior Sound Level Measurement Procedure for Pleasure Motorboats" may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 30.62 (2)(b) , Stats., states that no person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of the Society of Automotive Engineers Recommended Practice Report J34a, entitled "Exterior Sound Level Measurement Procedure for Pleasure Motorboats", dated April, 1977, may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096 and are also available for inspection at the following offices: The Department of Natural Resources, 101 South Webster, Box 7921, Madison, Wisconsin 53707; the Office of the Secretary of State, Madison, Wisconsin; and the Legislative Reference Bureau, One East Main Street, Madison, Wisconsin. Microsoft Windows NT 6.1.7601 Service Pack 1