The following summary is based on a decision of the Rockingham County Superior Court. Please note that (a) superior court opinion is not binding on the New Hampshire Supreme Court and (b) at the time this summary went to print, it was still possible for these decisions to be appealed to the New Hampshire Supreme Court.
In response to complaints of excessive motorcycle noise, the Town of North Hampton passed an ordinance. An operator would be in violation if the motorcycle failed to bear a federal Environmental Protection Agency (EPA) exhaust system label certifying compliance with federal regulations that prohibit the manufacture of motorcycles after 1983 that produce noise emissions in excess of certain decibel levels. A local retailer of motorcycles challenged the ordinance based upon the impact to its business, arguing that the regulation of motorcycle noise is a matter preempted by state law, and that the state had not delegated to the municipalities any additional authority to regulate motorcycle noise.
The Superior Court found that there was no state statute or rule which expressly preempted local regulation of motorcycle noise. However, after reviewing the scope and details of the state regulatory scheme, the Court concluded that the scheme was so comprehensive and detailed that it showed an implied legislative intent to supersede any local regulation. The Court applied the concept of “implied preemption,” and permanently enjoined the Town from enforcing the terms of its ordinance.
In support of its conclusion, the Court cited Rochester v. Driscoll, 118 N.H. 222 (1978), in which an ambulance operator was cited for a noise violation for operating the siren on the ambulance within the City of Rochester. In the Driscoll case the Supreme Court ruled that the Rochester ordinance was impliedly preempted by the comprehensive regulatory scheme governing ambulances. The court in this case applied the same analysis to motorcycles and determined that the North Hampton ordinance could not stand.