For him, sweet dreams only if Legislature muffles neighbor

House Bill 1722 didn't make it to the floor before the last day of session at the State House July 31. Now Allston resident David Smith says he'll have to wait until December for a chance to sleep in peace.

The proposed bill bans the sale and installation of after-market tuning, or in layman's terms, a procedure in which the muffler of a car is cut off and a larger muffler installed that makes a Honda Civic sound like a diesel truck.

Smith says he and other city residents are ''terrorized" by drivers who've had performance mufflers installed on their vehicles, one of whom recently moved in next door.

''I hear him every time he comes home and every time he leaves," Smith said. ''You can hear him coming from at least five blocks away at all hours of the day and night."

Aside from the noise, he said, public safety is an issue. The faster a driver goes, the louder his system sounds, which Smith says is an incentive to speed.

Smith started his own campaign of sorts soon after his neighbor arrived, calling his city councilor, his legislator, and handing out informational fliers to anyone willing to take one.

Opponents of the bill, which was introduced four years ago, contend the systems provide increased performance and towing power, and argue that the bill is impossible to enforce because it does not specify how loud is too loud.

The bill made it as far as the House Rules Committee this year, and still has a chance to pass if legislators decide to examine it during informal sessions throughout the fall. For Smith though, it's all about a good night's sleep, and while he's not sleeping, he says, he'll continue campaigning for a chance to.

MARTHA BARTLE