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.] [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 22-2017, minor correction filed 11/07/2017, effective 11/07/2017 DEQ 20-2017, minor correction filed 11/07/2017, effective 11/07/2017 DEQ 14-2017, amend filed 10/30/2017, effective 11/02/2017 DEQ 7-1983, f. & ef. 4-22-83 DEQ 13-1982, f. & ef. 7-21-82 DEQ 17-1980, f. & ef. 5-28-80 DEQ 10-1980, f. & ef. 4-3-80 DEQ 3-1979, f. & ef. 2-2-79 DEQ 20-1978, f. & ef. 12-27-78 DEQ 18-1978, f. & ef. 12-1-78 DEQ 146, f. & ef. 11-3-77 DEQ 143, f. & ef. 9-30-77 DEQ 135, f. & ef. 6-7-77 DEQ 119, f. & ef. 9-1-76 DEQ 75, f. 7-25-74, ef. 8-25-74