ILLINOIS POLLUTION CONTROL BOARD

May

12,

1977

IN THE MATTER OF

R74—10

MOTOR VEHICLE NOISE REGULATIONS

)

ORDER OF THE BOARD

(by Mr.

Dumelle):

The fo11o~ingamendments

to Chapter

8:

Noise Regulations are

enacted; and may be enforced, adopted, or enacted by any Agency of

the State of Illinois or any political subdivision thereof:

1.

Amend Rule 101 of Chapter

8:

Noise Regulations by deleting

the letter identification on each definition and adding the

following definitions:

Antique vehicle:

a motor vehicle that is more than

25 years of age or a bona fide replica thereof and

which is driven on the highways only going to and

returning from an antique auto show or an exhibition,

or for servicing or demonstration, or a fire-fighting

vehicle more than 20 years old which is not used as

fire-fighting equipment but is used only for the purpose

of exhibition or demonstration.

Bus:

every motor vehicle designed for carrying more

than 10 passengers and used for the transportation

of persons;

and every motor vehicle, other than a

taxicab, designed and used for the transportation of

persons for compensation.

Dealer:

every person engaged in the business of

selling vehicles to persons who purchase such vehicles

for purposes other than resale, and who has an

established place of business for such activity in

this state.

25

—

517

---

Exhaust ~jacn

~ystem

comprised of

a combination

of

corooner CS

~ii

rovides for the

enclosed

flow

of

exhaust gas ~ron enq~aeparts

to the

atmosphere.

Farm Lie

~

~sr,

otor vehicle designed

and

used

primarily

ca

-

f

ii

implement

for

drawing

wagons,

plows,

mowing

nachLne

aid

ther

imglements

of

husbandry,

and

every

impie

~r~t

of

trusbandry

which

is self propelled.

Fast

neter

re~e~

as

specified

by

American

National

Standards mit

utE

in document SL4~l971,

or subsequent

revisi

s

Gross Veeiclc

to

t

(GVW):

the maximum

loaded weight

for which

a mcco

vehicle is registered

or, for

vehic~lesnot: so registered, the value

specified by the

manufacturer a~tie loaded weight of the

vehicle.

~o-

ire width between the

boundary

lines

of every

i~~’

~ blicly naintained when any

part thereof

is open t

h~ai~eof the public for purposes

of

vehicular trav?

~ccle,

e~icrymo~orvehicle having a

seat

or

saddle

for the use ci tta r der and designed to

travel on

not more

t

r

w

els in contact with the

ground,

but

excluding

ractor

Motor driven ~

every motorcycle,

motor scooter,

or bicycas with motor attached, with

less

than 150

cubic coat meter tisLon displacement~

Motor_vehicle:

every vehicle which

is

self—propelled

and

any combination of vehicles which are

propelled or

drawn

by a veh~clc~hich

is self propelled.

Muffler~

a device for abating the sounds

of escaping

gases

of

ar

ntcrial

combustion engine.

New motor ven~cle

-‘

notor vehicle the

equitable or

legal tit

to wh c

is never passed t

a

person who

purcha~es it for par~osesother than resale.

Passenger car~

a

tor vehicle designed

for

the

carrying

if no

it

e

than ten persons,

including

a

mult~-~purpse pI~serLervehicle, except any

motor

vehicle

~-haseconc division as defined

in

I.R.S.

ch~ 95th/2, Section ~l46,

and except any

motorcycle or motor

driven

ct

ia~

25

—

518

---

—3—

Re9istered:

a

vehicle

is

registered

when

a

current

registration

certificate

or

certificates

and

registration

plates

have been issued for it under the laws of any

state pertaining to the registration of vehicles.

Snowmobile:

a self—propelled device designed for

travel on snow or ice or natural terrain steered by

skis or runners,

and supported

in part by skis,

belts,

or cleats.

Special mobile equipment:

every vehicle not designed

or used primarily for the transportation of persons or

property and only incidentally operated or moved over

a highway,

including but not limited to:

ditch digging

apparatus,

well boring apparatus and road construction

and maintenance machinery such as asphalt spreaders,

bituminous mixers, bucket loaders, tractors other than

truck tractors,

levelling graders,

finishing machines,

motor graders, road rollers, scarifiers,

earth—moving

carryalls and scrapers, power shovels and drag lines,

and self—propelled cranes and other earth—moving equip-

ment.

Tactical military vehicle:

every vehicle operatedby

any federal or state military organization and designed

for use in field operations, but not including vehicles

such as staff cars and personnel carriers designed

primarily for normal highway use.

Used motor vehicle:

a motor vehicle that is not a

new motor vehicle.

Vehicle:

every device in, upon,

or by which any person

or property is or may be transported or drawn upon a

highway.

2.

Amend Rule 102 of Chapter

8:

Noise Regulations to read:

Rule

102:

PROHIBITION

OF

NOISE POLLUTION

No person shall cause or allow the emission of sound beyond

the boundaries of his property, as property is defined

in Section 25

of the Illinois Environmental Protection Act,

so as

to cause

noise pollution in Illinois,

or so as to violate any provision

of this chapter.

25

—

519

---

3,

Amenc Rub

the foil

~.

Noise Regulations

by

substituting

(a

LofCh~p~r8

critcria

be

in

s

sLa~

practicos

-~

a

Institute,

Jr

Engineers

1

:

including

Ic

1962, and 5~\LS

I

r

from tins

c

i

ic

o

and advancc~

procedures

-

Ld

effectiv~

Offi~of

t.

r

Concerninj Id~

127 par

2 ~

Ic

a

(b)

Fiu~d

i1t~~

!iCdLUI?I

a:

t ~

of sou

cn~o~

conforra

y

I

-

Precisroi,

I

Method

d xci uhich set

forth

it

of so tn I

Such

procedures

shall

±

~ity

~rith~ta-dards

and

recommended

t e Amecican lational

Standards

ac

Society of Automotive

:3

the latest revisions

thereof,

hNSI SL8~i969, ANSI

Sl.2—

r procedures shall be revised

~t ‘urreit engineering

judgment

crone

t tecaniques.

Such

thereof, stall not

become

v

the Index Division of

the

I

Stat~.c~srequired by

“An

Act

l.Rev~Stat.1975,

ch.

14

1951,

as amended.

-

0

lyw Par~~çh~r8

ed xc

c dete mx e whether

emissions

r

ahall be in substantial

~6~-l967, ANSI S1.4~l97l~—TypeI

~L

9

,

and ANSI SL13~l971

Field

(c)

Procedrrc-

I

c only toPart3r8

(ii

M~.s

r

~

drres t~~t

~r

i~e

whether

emissions

if

a

ith

Rules

3xO~313

of

Part

3

shall

be

in

s

tstritixl

ortorn

ty with ANSI Sl.4—

i9/1—~Iype

~re

r

c

c

c

I

General

Purpose,

and

ANSI

Si

th

~‘7

3

o

~-‘

~ided

that

procedures

for

measureicn.

i

rI~i

shall

ho

in

substantial

conformity

ii

t. 5:

~

sn~d

by

the

U S.

Department

of

Transpor

r

pa

a

th

Seciion

18

of

the

Federal

Noise

(cn~r~

A

a

C

Icr

(Ic

TI

A

distances

oUr:

through

3

3

applied

~o

I

substanti3

-

the

measu

-

ov

de

for

measurement

at

a a

fect

specified

in

Rules

310

f

rroUxon

factors

are

as

s

ii

c

cis

so

determined

are

q

~a-

nse

measured

at

50

feet

and

c

a

a

‘

Ioe~ riot

exceed

100

feet,

---

—5—

The

correction

factors

used

shall

be consistent

with

California

Highway

Patrol Sound Measurement Procedures

HPH

83.1

(October

1,

1973,

as

amended

November

29,

4.

Add

a

new

Part

3

to

Chapter

8:

Noise

Regulations

as

follows:

PART

3--SOUND

EMISSION

STANDARDS

AND

LIMITATIONS

FOR

MOTOR

SUBPART

A--EQUIPMENT

STANDARDS

APPLICABLE

TO

ALL

VEHICLES

Rule

EXHAUST

SYSTEM

No person shall operate or cause or allow the operation

of a motor vehicle on a public right-of-way unless the

exhaust system of such vehicle

is

equipped

and

operated

with a muffler or other sound dissipative device which

does not allow an increase in the sound level emitted

by that vehicle above the level emitted with the equip-

ment originally installed on the vehicle,

and unless

the vehicle is free from defects which affect sound

reduction.

Rule 302:

TIRES

No person shall operate or cause or allow the operation

of a motor vehicle with one or more tires having a tread

pattern which is composed primarily of cavities

in the

tread

(excluding sipes and local chunking) which are not

vented by grooves to the tire shoulder or circumferentially

to each other around the tire.

SUBPART

B--OPERATIONAL

STANDARDS

Rule

310:

STANDARDS

APPLICABLE

TO

ALL

PASSENGER

CARS

AND

TO

OTHER

MOTOR VEHICLES WITH

GVW

OF

8,000

POUNDS

OR

LESS.

(a)

~p~a~ili~

This

Rule

310

shall

apply

to

all

passenger

cars

regardless

of

weight

and

to

other

motor

vehicles

with

a

gross

weight

of

8,000

pounds

or

less,

except

motorcycles

and

motor

driven

(b)

Standards

for

Highway

Operation

No

person

shall

operate

or

cause

or

allow the

operation

of

a

motor

vehicle

subject

to

this

Rule

at any

time under

25

—

521

---

—6—

any

conditions

of

highway

grade,

load,

acceleration

or

deceleration in such a manner as to exceed the following

limits:

(1)

On

highways

with

speed

limits

of

35

miles

per

hour

or

less,

74

dB(A),

or

76

dB(A)

when

operating

on

a

grade

exceeding

3,

measured

with

fast

meter

response

at

50

feet

from

the

centerline

of

lane

of

travel,

or

an

equivalent

sound

level

limit

measured

in

accordance

with

procedures established under Rule

103;

(2)

On highways with speed limits of more than

35 miles per hour,

82 dB(A), or

85

dB(A)

if the vehicle

is equipped with two or more snow or mud/snow tires,

measured

with

fast

meter

response

at

50

feet

from

the

centerlin~

of

lane

of

travel,

or

an

equivalent

sound

level limit measured in accordance with procedures

established under Rule 103.

Rule

311:

STANDARDS

APPLICABLE

TO

MOTOR

VEHICLES

WITH

GVW

IN

EXCESS

OF

8,000

(a)

Applicability

This

Rule

311

shall apply to motor vehicles with a gross

vehicle

weight

in

excess of

8,000

pounds,

except passenger cars.

(b)

Standards

for

Highway

Operation

No

person

shall operate or cause or allow the operation

of

a

motor

vehicle subject

to this Rule at any time under any

conditions of highway grade,

load,

acceleration or deceleration

in such

a manner

as to exceed the following limits:

(1)

On highways with speed limits of

35 miles per

hour or less,

86 dB(A)

,

measured with fast meter response

at 50

feet from the centerline of lane of travel,

or an

equivalent sound

level limit measured in accordance with

procedures established under Rule 103;

(2)

On highways with speed limits of more than

35

miles

per hour,

90 dB(A)

measured with fast meter response at

50 feet from the centerline of lane of travel,

or an equivalent

sound level

limit measured in accordance with procedures

established under Rule

(c)

of a motor vehicle subject to this Rule, powered by an

25

—

522

---

engine with

engine speed governor, which generates

a

sound

level

in excess

of

88

dB(A)

measured with fast meter response

at 50

feet

from the longitudinal centerline

of the vehicle

or an

equivalent sound level limit measured

in accordance

with

procedures

established

under

Rule

103,

i,then

that

engine

is

accelerated

from

idle

with

wide

open

throttle

to

governed

speed

wii:,h

the

vehicle

stationary,

transmission

in

neutral,

and

clutch

engaged.

Rule

312:

STANDARDS

APPLICABLE

TO

MOTORCYCLES

AND

MOTOR

DRIVEN

CYCLE S

(a)

Applicability

This

Rule

312

shall

apply

to

all

motorcycles

and

motor

driven cyáles.

(b)

Standards

for

Highway

eration

No person shall operate

or

cause

or

allow

the operation

of

a motor vehicle subject to this Rule at

any

time or under

any

conditions of highway grade, load, acceleration or

deceleration

in such

a manner as to exceed the following limits:

(1)

On highways with speed limits of 35 miles per

hour

or

less,

80

dB(A),

or

82 dB(A)

when operating on

a grade exceeding

3,

measured

with

fast

meter

response at

50 feet from the

centerline

of

lane

of

travel,

or an equivalent

sound level limit measured in accordance with

procedures

established under

Rule

103;

(2)

On

highways i~ithspeed limits of more than 35

miles

per hour,

86 dB(A)

measured

with fast meter

response at

50

feet from the centerline of lane of

travel,

or an equivalent

sound level limit measured

in

accordance with

procedures

established under Rule

103.

Rule

313:

EXCEPTION FOR AND STANDARDS APPLICABLE TO MOTOR

CARRIERS

ENGAGED IN INTERSTATE COMMERCE WITH

RESPECT

TO

OPERATIONS

REGULATED

PURSUANT

TO

THE

FEDERAL

NOISE

CONTROL

ACT

OF

1972.

(a)

~2~~cability

(1)

After

the

effective

date

of

the

federal

standards

contained

in

40

Code

of Federal Regulations

(CFR)

Part

202,

this

Rule

313

shall

apply

to

motor

carriers

engaged

in

interstate

commerce

with

respect

to

noise

emissions

regulated

by

such

federal

standards,

Motor

carrier

operations

determined

25

—

523

---

—8—

pursuant to Rule

104

to

be

governed

by

this

Rule shall be

excepted from Rules

301,

302, and

311.

(2)

This Rule shall apply

to motor carriers with

respect only to the operation of those motor vehicles of such

carriers which have a gross vehicle weight rating or gross

combination weight rating in excess of 10,000 pounds, and only

when such motor vehicles are operated under the conditions

specified below.

(3)

Except

as

provided

in

subparagraph

(4)

of this

paragraph

(a),

this

Rule

shall apply to the total sound

produced by such motor vehicles when operating under the

specified conditions,

including the sound produced by

auxiliary equipment mounted on such motor vehicles.

(4)

This

Rule

shall

not

apply

to

auxiliary

equipment

which

is

normally

operated

only

when

the

transporting

vehicle

is

stationary

or

is moving at a speed of

5 miles

per

hour

or

less.

Examples

of

such

equipment include, but

are

not

limited

to,

cranes,

asphalt

spreaders,

ditch

diggers,

liquid

or

slurry,

pumps,

air

compressors,

welders,

and

refuse

compactors.

(b)

~p~nt

Standards

(1)

Visual exhaus~~~inspection.

No motor carrier

subject to this Rule shall operate any motor vehicle of a

type with respect to which this Rule

is applicable unless the

exhaust system of such vehicle is

(a)

equipped with a muffler

or other noise dissipative device;

(b)

free from defects which

affect sound reduction;

and

(c) not equipped with any cutout,

bypass or similar device.

(2)

Visual tire inspection.

No

motor

carrier

subject

to this Rule shall operate any motor vehicle of a type with

respect

to which this Rule

is applicable on a tire or tires

having a tread pattern which as originally manufactured,

or

as newly retreaded,

is composed primarily of cavities

in

the tread

(excluding sipes and local chunking) which are not

vented by grooves

to the tire shoulder or circumferentially

to each other around the tire.

This subparagraph

(2)

shall not

apply to any motor vehicle which is demonstrated by the motor

carrier which operates

it to

be in compliance with the noise

emission standard specified in paragraph

(c)

of this Rule

for

operations

on

highways

with

speed

limits

of

more

than

35

MPH,

if

the

demonstration

is

conducted

at

the

highway

25

—

524

---

—9—

speed limit

in

effect

at

the

inspection

location

or,

if

speed

is unlimited,

the demonstration is conducted at a speed of

65 MPH.

(c)

Standards

for

HighwayO~~~ion

No motor carrier subject to this Rule shall operate any

motor vehicle of

a type with respect to which this Rule

is

applicable and which at any time or under any condition of

highway

grade,

load,

acceleration

or

deceleration

generates

a sound level in excess of

86 dB(A) measured on an open site

with

fast

meter

response

at

50

feet

from

the

centerline

of

lane

of

travel

on

highways

with

speed

limits

of

35

MPH

or

less;

or

90

dE(A)

measured

on

an

open

site

with

fast

meter

response

at

50

feet

from

the

centerline

of

lane

of

travel

on

highways

with

speed

limits

of

more

than

35

MPH.

(d)

Standard for Operation under Stationary Test

No motor carrier subject to this Rule shall operate any motor

vehicle

of

a type with respect to which this Rule

is

applicabl,e,

and which

is equipped with an engine speed governor, which

generates

a sound level in excess of 88 dB(A)

measured on an

open site with fast meter response at

50 feet from

the longitudinal

centerline of the vehicle, when its engine

is accelerated from

idle with wide open throttle to governed speed with the vehicle

stationary,

transmission in neutral,

and

clutch engaged.

(e)

Additional Definitions Applicable

Only to Rule

313

(1)

Common

carrier

~

any

person who holds

himself out to the general public to engage in the transportation

by motor vehicle in interstate or foreign

commerce

of

passengers

or property or any class or classes

thereof

for

compensation,

whether over regular or irregular routes,

(2)

Contract

carrier

by

motor

vehicle:

any person who

engages

in transportation by motor vehicle

of

passengers

or

property

in interstate or foreign commerce for compensation

(other than transportation referred to in subparagraph

(1)

of

this paragraph)

under continuing contracts with one person or

a limited number of persons

either

(1)

for

the

furnishing of

transportation services through the assignment of motor

vehicles for a continuing period of time to the exclusive use

of each person served or

(2)

for the furnishing of transportation

services designed to meet the distinct need of each individual

customer.

25

—

525

---

—10—

(3)

Gross combination weight rating:

the value specified

by the manufacturer as the loaded weight of a combination vehicle.

(4)

Gross vehicle weight rating:

the value specified

by

the

manufacturer

as

the

loaded

weight

of

a

single

vehicle.

(5)

Interstate

commerce:

the

commerce

between

any

place

in

a

State

and

any

place

in

another

State

or

between

places in the same State through another State, whether such

commerce moves wholly by motor vehicle or partly by motor

vehicle and partly by rail, express, water or air.

This

definition of “interstate commerce” for purposes of this

Rule is the same as the definition of “interstate commerce”

in Section 203(a)

of the Interstate Commerce Act

(49 U.S.C.

Section

3Q3(a)).

(6)

Motor carrier:

a common carrier by motor vehicle,

a contract carrier by motor vehicle, or a private carrier of

property by motor vehicle as those terms are defined by

paragraphs

(14),

(15),

and

(17)

of Section

203(a)

of the

Interstate Commerce Act

(49 U.S.C.

303(a)).

The term “motor

carrier” includes those entities which own and operate the

subject motor vehicles, but not the drivers thereof, unless

said drivers are independent truckers who both own and drive

their own vehicles.

(7)

Open site:

an area that is essentially free of

large sound—reflecting objects, such as barriers, walls, board

fences,

signboards, parked vehicles, bridges or buildings.

(8)

Private

carrier

of property by motor vehicle:

any

person not included in terms “common carrier by motor vehicle”

or “contract carrier by motor vehicle”, who transports

in

interstate or foreign commerce

by

motor

vehicle

property

of

which such person

is

the owner,

lessee,

or bailee, when

such transportation is

for sale,

lease,

rent or bailment,

or

in furtherance of any commercial enterprise.

Rule

314: HORNS AND OTHER

WARNING

DEVICES

(a)

No person shall sound a horn when upon a highway,

except when reasonably necessary to insure safe operation.

No person shall sound any horn of any motor vehicle for an

unreasonable period of time or in

a manner so as

to circumvent

enforcement

of

the

operational

standards contained

in Subpart B

of

this

Part.

25

—

526

---

—11—

(b)

No

person

shall

sound

any

siren,

whistle

or

bell

of

any motor vehicle except as provided in I.R.S.

ch. 95-1/2,

Section

12—601(b).

Rule

315:

TIRE NOISE

No person shall operate a motor vehicle

in such a manner

as

to cause or allow to be emitted squealing,

screeching

or other such noise from the tires

in contact with the ground

because of rapid acceleration or excessive speed around corners

or other such reason,

except that noise resulting from emergency

operation to avoid imminent danger shall be exempt from this

provision.

SUBPART C--EXCEPTIONS,

COMPLIANCE DATES, AND PENALTIES FOR PART

3

Rule

320: EXCEPTIONS

(a)

The

standards

and

limitations

of

Part

3

shall

not

apply

to:

(1)

any vehicle moved by human or animal power

(2)

any vehicle

moved

by electric power

(3)

rails or tracks

(4)

any farm tractor

(5)

any

antique

vehicle,

if licensed under

Section

3-804

of

the

Illinois

Vehicle

Code

(6)

any

snowmobile

(7)

any special mobile equipment

(8)

any vehicle while being used lawfully for

racing competition or timed racing events;

and

(9)

any lawn care maintenance equipment

(b)

Rules

302 and 313(b) (2)

shall not apply to

any person who can show that a tread pattern as described

in those

Rules was the result of wear and that the tire

was not originally manufactured or newly retreaded with

such a tread pattern.

25

—

527

---

—12--

(c)

The operational standards

contained in Rules

310-313

inclusive

shall

not

apply

to

warning

devices,

such

as horns and

sirens;

or

to

emergency

equipment

and

vehicles

such

as

fire

engines,

ambulances, police vans,

and

rescue

vans,

when

responding

to

emergency

calls;

to snow plows when in opera-

tion;

or to tactical military vehicles.

Rule

321:

COMPLIANCE DATES FOR PART

3

(a)

Except

as

otherwise

provided

in

this

Rule

321,

any

person

subject

to

the

standards

and

limitations

of

Part

3

of

this

Chapter

shall

comply

with

such

standards

and

limitations

on

and

after

6

months

from

the

effective

date

of

this

Part.

(b)

,Every owner or operator of a motor vehicle subject to

Rule

302

shall

comply

with

such

Rule

on

and after one year

from

the

effective

date

of

this

Part.

(c)

Every

owner

or

operator

of

a

motor vehicle subject

to

Rule

310(b)

(2)

or

311(b)

(2)

shall

comply

with

such

Rule

on

and

after

one

year

from

the

effective

date

of

this

Part.

(d)

Every motor carrier subject to Rule 313 shall comply

with

such

Rule

on

and

after

the

effective

date

of

this

Part.

5.

Amend existing Rule 208 of Chapter

8:

Noise Regulations

by adding the following:

(f)

Rules

202 through 207 inclusive shall not apply to the

operation of any vehicle registered for highway use while

such vehicle is being operated within any land used as

specified by Rule 201 of this Chapter in the course of ingress

to or egress from a highway.

IT IS SO ORDERED.

Mr.

Young

dissented.

I,

Christan L. Moffett, Clerk of the Illinois Pollutio~iControl

Board,

hereby certify the above Order was adopted on

the(~”

day

of

(y\~~

,l977byavoteof

&/_/

~

Christan L. Moffe~t~)

Clerk

Illinois Pollutioi4”~ontrolBoard

25

—

528