Fairfax County officials are likely headed back to the drawing board after a veto of a bill that would have let Northern Virginia localities host a pilot program to reduce vehicle exhaust noise.
H.B. 2550, which was introduced in the Virginia General Assembly by local Del. Rip Sullivan (D-6), was one of 157 bills vetoed by Republican Gov. Glenn Youngkin on Monday (March 24).
If enacted, the legislation would’ve allowed Fairfax County and certain other jurisdictions to set up automated exhaust noise monitors and assess penalties for drivers whose vehicles emit noise above a certain volume.
Youngkin believes communities already have “sufficient authority” to take action against under current law, making the legislation unnecessary, according to an explanation of his veto. He also said allowing noise monitors in some localities, but not others, “would create inconsistent enforcement and confusion for motorists across the state.”
Braddock District Supervisor James Walkinshaw (D), who helms the Fairfax County Board of Supervisors’ legislative committee, told FFXnow in a statement that he’s “disappointed” by the veto, which he says shows that Youngkin “lacks a basic understanding of current law.”
“The mufflers that would have been identified by the automated noise monitoring machines are already illegal in Virginia, a fact that he seems to have missed,” Walkinshaw said.
“The Governor’s veto means that Virginians will continue to suffer from the noise pollution caused by illegal mufflers and that our police officers will be forced to continue to devote precious time attempting to enforce the nearly unenforceable existing law,” he added.
Taking action against noisy vehicles was a priority for county officials during this legislative session, with Walkinshaw describing the issue at a December meeting as “kind of a passion project of mine.”
Virginia law states that a vehicle’s exhaust must be in a condition good enough to “prevent excessive or unusual levels of noise,” but there’s no specified threshold. The proposed noise monitor pilot programs could’ve eliminated that ambiguity and helped standardize enforcement, Sullivan says.
Under the bill, in localities that adopt the pilot program, owners of vehicles that register noises higher than 95 decibels — akin to a subway train 200 feet away, per Yale Environmental Health & Safety — would receive a civil citation in the mail and a fine of no more than $100.
“I hear frequently from constituents who are subjected to noise pollution from illegally modified — and thus exceptionally loud — exhaust systems,” Sullivan said in a statement to FFXnow. “But it is a difficult law to enforce, since the driver is long gone by the time police can arrive. HB 2550 would have given law enforcement in Fairfax new technology to enforce the already-existing law.”
Sullivan was also baffled by Youngkin taking issue with the bill’s scope being limited to Northern Virginia, since the goal of a pilot program is to evaluate the effectiveness of new policies or technology.
“I fail to see why he should be concerned that violators of the law could be caught in some localities but not others. That’s their problem,” Sullivan said. “The whole idea is to test the technology, and when we confirm that it works we can enable all localities in Virginia to use it.”
H.B. 2550 was approved by both chambers of the General Assembly, though not without some complications.
The Senate Committee on Finance and Appropriations recommended sending the bill to the Virginia State Crime Commission for further review after arguing that Sullivan should’ve submitted a budget amendment for the $424,000 that the state estimated Virginia State Police would need to administer the pilot programs.
The House of Delegates, which had passed Sullivan’s bill by 54-44, rejected the recommendation, forcing the two chambers to create a conference committee to work out their differences. A compromise that eliminated a requirement that data be sent to state police enabled the bill to pass on Feb. 22, the final day of the legislative session.
Board of Supervisors Chairman Jeff McKay, who serves as vice chair of the legislative committee, slammed Youngkin for ignoring lawmakers who “understand this is a real issue.”
“What the Governor fails to understand is that enforcement is incredibly challenging for our Fairfax County Police Department because of the nature of the problem we are trying to solve,” McKay said. “While we are doing as much as we can, Fairfax County has more than 7,000 lane miles of roads — finding these cars can be like finding a needle in a haystack.”
The General Assembly will reconvene on April 2 to consider the governor’s vetoed and amended bills.
With the legislature unlikely to overrule Youngkin’s veto of the noise-monitoring bill, given that the final version passed by relatively narrow margins of 24-16 in the state Senate and 53-45 in the House, supporters will have to wait until next year — when a new governor will be in office — to seek a different outcome.
“I look forward to carrying this legislation again next year and bringing this new technology to bear on an issue of real importance to the quality of life of Fairfax County residents,” Sullivan said.
