Email to Attorney General, Arkansas (4-May-2015)

From, Rickey Holtsclaw, Houston, Texas PD Retired. Second request. Arkansas’ Motor Vehicle Code 27-37-601 strictly forbids the operation of a motor vehicle on the roadways of Arkansas without a “factory installed muffler or one duplicating factory specifications.” The same statute, section (b), strictly forbids the “sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this State, a muffler, other than defined in subsection (a) of this section…” When I enter the Municipalities of Van Buren and Fort Smith, Arkansas (anywhere in the State of Arkansas actually), I am regularly assaulted by illegally loud motorcycles, automobiles, trucks, that are clearly in violation of Arkansas’ Motor Vehicle Code. The problem has become nothing less than an epidemic in our State and apparently NOTHING is done to curtail the illegal, intrusive, dangerous, behavior. I spoke with the leadership of Van Buren, Arkansas at the last Council Meeting and no one there, including the Chief of Police or the City Attorney, could answer my question relevant to why these loud motorcycles and automobiles/trucks were freely assaulting the citizenry while law enforcement apparently turns a blind eye and deaf ear to the unacceptable situation? The City Attorney suggested that I retrieve the license plate number of the offending vehicles and ask the city prosecutor if he would file charges on my behalf? Really? Now, I see that as of this previous Weekend, Fort Smith has initiated their own Biker Rally in the Downtown District, “The Iron Horse Bike Rally.” The overflow and exodus of this hoard of loud thugs was heard and felt in the Van Buren area as I left Church and conducted business there on Sunday afternoon. How do I go about filing for an “open records” request from the State of Arkansas State Police relevant to citations/summons issued for the operation and/or sale of illegal mufflers in the State? I would like to view the records of citations issued for these particular violation by State Police for the previous two years, if possible. Considering the obvious non-feasance issue relevant to every law enforcement community in the State of Arkansas, especially Mayor Jordan of Fayetteville (Bikes, Blues, BBQ rally) and now, the Iron Horse Rally in Ft. Smith…I do believe there is a serious problem with vehicular noise enforcement within the State. As a law enforcement officer in Houston, Texas, I personally tested, via the SAE J2825 Stationary Motorcycle Test, the illegal aftermarket mufflers currently installed on a large number of motorcycles traversing our roadways and operating unencumbered within our communities. I know that these aftermarket exhaust mechanisms emit two-three-four times the legal limit of 80 db(A) as mandated by the EPA; these aftermarket exhaust mechanisms are clearly in violation of Arkansas’ Motor Vehicle Code, yet law enforcement is apparently doing absolutely nothing about the “in your face” unacceptable situation. I am prepared to intercede on behalf of the innocent citizenry regularly assaulted by these noise thugs, your assistance would be appreciated. Thank you, Rick Holtsclaw

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