340-035-0040 Noise Control Regulations for Motor Sports Vehicles and Facilities (1) Statement of Purpose: (a) The Commission finds that the periodic noise pollution caused by Oregon motor sports activities threatens the environment of citizens residing in the vicinity of motor sports facilities. To mitigate motor sports noise impacts, a coordinated statewide program is desirable to ensure that effective noise abatement programs are developed and implemented where needed. This abatement program includes measures to limit the creation of new noise impacts and the reduction of existing noise impacts to the extent necessary and practicable; (b) Since the Commission also recognizes the need of Oregon’s citizens to participate in recreational activities of their choice, these rules balance those citizen needs which may conflict when motor sports facilities are in operation. Therefore, a policy of continuing participation in standards development through the active cooperation of interested parties is adopted. The choice of these parties is to limit the noise emission levels of racing and recreational vehicles, to designate equipment requirements, and to establish appropriate hours of operation. It is anticipated that safety factors, limited technology, special circumstances, and special events may require exceptions to these rules in some instances; therefore, a mechanism to accommodate this necessity is included in this rule; (c) This rule is designed to encourage the motor sports facility owner, the vehicle operator, and government to cooperate to limit and diminish noise and its impacts. These ends can be accomplished by encouraging compatible land uses and controlling and reducing the racing vehicle noise impacts on communities in the vicinity of motor sports facilities to acceptable levels; (d) This rule is enforceable by the Department and civil penalties ranging from a minimum of $25 to a maximum of $500 may be assessed for each violation. The motor sports facility owner, the racing vehicle owner and the racing vehicle driver are held responsible for compliance with provisions of this rule. A schedule of civil penalties for noise control may be found under OAR 340-012-0052. (2) Standards: (a) Drag Racing Vehicle. No motor sports facility owner and no person owning or controlling a drag racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well maintained muffler; (b) Oval Course Racing Vehicle. No motor sports facility owner and no person owning or controlling an oval course racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (c) Sports Car Racing Vehicle. No motor sports facility owner and no person owning or controlling a sports car racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (d) Closed Course Motorcycle Racing Vehicle. No motor sports facility owner and no person owning or controlling a closed course motorcycle racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside or 105 dBA at 20 inches (.5 meter) from the exhaust outlet during the stationary measurement procedure; (e) Open Course Motorcycle Racing Vehicle. No motor sports facility owner and no person owning or controlling an open course motorcycle racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions do no exceed 105 dBA at 20 inches (.5 meter) from the exhaust outlet during the stationary measurement procedure; (f) Four Wheel Drive Racing Vehicles. No motor sports facility owner and no person owning or controlling a four wheel drive racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (g) Watercraft Racing Vehicle. No motor sports facility owner and no person owning or controlling a watercraft racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (h) Autocross or Solo Racing Vehicle. No motor sports facility owner and no person owning or controlling an autocross or solo racing vehicle shall cause or permit its operation on any temporary autocross or solo course unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 90 dBA at trackside. Autocross and solo events conducted on a permanent motor sports facility, such as a sports car or go-kart course, shall comply with the requirements for sports car racing vehicles specified in subsection (2)(c) of this rule; (i) Go-Kart Racing Vehicle. No motor sports facility owner and no person owning or controlling a go-kart racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside. (3) New Motor Sports Facilities. Prior to the construction or operation of any permanent new motor sports facility, the facility owner shall submit for Department approval the projected motor sports facility noise impact boundaries. The data and analysis used to determine the boundary shall also be submitted to the Department for evaluation. Upon approval of the boundaries, this information shall be submitted to the appropriate local planning unit and the Department of Land Conservation and Development for their review and appropriate action. (4) Practice Sessions. Notwithstanding section (2) of this rule, all racing vehicles in order to operate in practice sessions, shall comply with a noise mitigation plan which shall have been submitted to and approved by the motor sports advisory committee and the Director. Such plans may be developed and submitted prior to each racing season. An approved plan may be varied with prior written approval of the Department. (5) Recreational Park. When a motor sports facility is used as a recreational park for the operation of off-road recreational vehicles, the ambient noise limits of OAR 340-035-0030(1)(d) shall apply. (6) Operations: (a) General. No motor sports facility owner and no person owning or controlling a racing vehicle shall permit its use or operation at any time other than the following: (A) Sunday through Thursday during the hours 8 a.m. to 10 p.m. local time; and (B) Friday through Saturday, state and national holidays and the day preceding, not to exceed three consecutive days, during the hours 8 a.m. to 11 p.m. local time. (b) Overruns. Each motor sports facility may overrun the specified curfew times, including the time specified in subsection (11)(c) of this rule, not to exceed 30 minutes, no more than six days per year due to conditions beyond the control of the owner. Each overrun shall be documented to the Department within ten days of the occurrence; (c) Special Events. Any approved special motor racing event may also be authorized to exceed this curfew pursuant to subsection (12)(a) of this rule. (d) Continued Special Events. Any approved special event that cannot be completed within established curfew times due to circumstances beyond the control of the owner, such as but not limited to oil spills and accidents, may be continued the following day under the same conditions provided in the special event exception. The Department shall be notified within ten days of any continued special event. (7) Measurement and Procedures. All instruments, procedures and personnel involved in performing sound level measurements shall conform to the requirements specified in Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35, or to standard methods approved in writing by the Department. (8) Monitoring and Reporting: (a) It shall be the responsibility of the motor sports facility owner to measure and record the required noise level data as specified under subsections (2)(b)–(i) of this rule and the Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35. The owner shall either keep such recorded noise data available for a period of at least one calendar year or submit such data to the Department for storage. Upon request the owner shall make such recorded noise data available to the Department; (b) When requested by the Department, any motor sports facility owner shall provide the following: (A) Free access to the facility; (B) Free observation of noise level monitoring; (C) Cooperation and assistance in obtaining the reasonable operation of any Racing Vehicle using the facility as needed to ascertain its noise emission level. (9) Vehicle standards. No motor sports facility owner and no person owning or controlling a racing vehicle shall cause or permit a racing event or practice session unless the vehicle is equipped and operated in accordance with these rules. (10) Vehicle Testing. Nothing in this section shall preclude the motor sports facility owner from testing or barring the participation of any racing vehicle for non-compliance with these rules. (11) Exemptions: (a) Any motor sports facility whose racing surface is located more than 2 miles from the nearest noise sensitive property shall be exempt from this rule; (b) Any top fuel-burning drag racing vehicle shall be exempt from the requirements of subsection (2)(a) of this rule. No later than January 31, 1985 the Department shall report to the Commission on progress toward muffler technology development for this vehicle class and propose any necessary recommendations to amend this exemption; (c) Operation of non-complying jet powered dragsters between the hours of 11 a.m. and 10 p.m.; (d) Operation of non-muffled racing vehicles at practice sessions between 12 noon and 3 p.m. as part of an approved plan as required pursuant to section (4) of this rule. (12) Exceptions. The Department shall consider the majority and minority recommendations of the motor sports advisory committee prior to the approval or denial of any exception to these rules. Exceptions may be authorized by the Department for the following pursuant to OAR 340-035-0010: (a) Special motor racing events; (b) Race vehicle or class of vehicles whose design or mode of operation makes operation with a muffler inherently unsafe or technically unfeasible; (c) Motor sports facilities previously established in areas of new development of noise sensitive property; (d) Noise sensitive property owned or controlled by a motor sports facility owner; (e) Noise sensitive property located on land zoned exclusively for industrial or commercial use; (f) Any motor sports facility owner or race sanctioning body that proposes a racing vehicle noise control program that accomplishes the intended results of the standards of section (2) of this rule, the measurement and procedures of section (7) of this rule, the monitoring and the reporting of section (8) of this rule; (g) Any motor sports facility demonstrating that noise sensitive properties do not fall within the motor sports facility noise impact boundaries may be except from the curfew limits of section (6) of this rule and the monitoring and reporting requirements of section (8) of this rule; (h) Any practice session for non-muffled racing vehicles that does not meet the exemption requirements specified in subsection (11)(d) of this rule. (13) Motor Sports Advisory Committee Actions. The committee shall serve at the call of the chairman who shall be elected by the members in accordance with the rules adopted by the committee for its official action. (14) Effective Date. These rules shall be effective January 1, 1982. [Note: View a PDF of referenced manual by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 467 Statutes/Other Implemented: ORS 467.030 History: DEQ 25-2017, minor correction filed 11/08/2017, effective 11/08/2017 DEQ 14-2017, amend filed 10/30/2017, effective 11/02/2017 DEQ 7-1983, f. & ef. 4-22-83 DEQ 33-1980, f. 12-2-80, ef. 1-1-82