Author: Rickey D. Holtsclaw, Houston PD/Retired

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“One day, man will have to fight noise as fiercely as cholera and the plague.”

–Robert Koch, MD
1905 Nobel Prize Winner

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Some introductory questions for those who ride and drive LOUD,

1) Loud motor vehicles are abusive…when did a man or woman acquire the “right” or “privilege” to abuse children, the elderly, the handicapped, with illegal motor vehicle noise by operating an illegally equipped, illegally LOUD, motorcycle, auto, truck, on our public roadways?

2) When did it become acceptable and fashionable to destroy the quality of life of thousands of families, daily, for one’s own selfish, narcissistic, pleasure?

3) Who invited you, LOUD biker thug, into our home, places of work and worship?

Preface

When a “man” or woman illegally modifies a motor vehicle to emit NOISE in excess of that deemed legal and safe by the US EPA (80dB(A) total noise emissions) by modifying or replacing the OEM muffler installed by the manufacturer and proceeds out onto a public roadway and uses that illegal noise to destroy the daily quality of life, to destroy the domestic tranquility of our families; endanger the personal safety of and bully societies most innocent; illegally enter into societies personal space of home-work-worship via illegal noise without permission, know that you’re dealing with a narcissistic, arrogant, immature, belligerent, selfish, bully-thug, a true domestic terrorist and it matters NOT if said narcissist is a military veteran or active duty service member; a self-proclaimed “Christian;” a lawyer or judge; a law enforcement officer; a philanthropist; an all-around self-proclaimed Patriot and good-guy; truth is, the unencumbered operation of illegally LOUD, illegally equipped, motor vehicles on America’s public roadways is the true “PLAGUE” in American society today, the epitome of “domestic terrorism” destroying the daily quality of life of many millions of innocent men, women and children while America’s “Peace” Officers are impotent, neglectful, lazy and cowardly as they refuse to intercede on behalf of the vehicular NOISE beleaguered and weary American citizen. There is no “vaccine” for this plague and it’s unfortunate that America’s “men” will not rise-up and put an end to the daily vehicular NOISE abuse of our families, our children, our elderly, our handicapped, those most vulnerable to daily, unrelenting, vehicular noise abuse.

During my 31-years in law enforcement, I discovered vehicular noise enforcement to be one of the most lucrative forms of “probable cause” for a “stop and investigate” as those who abuse the general public via the operation of an illegally equipped, illegally LOUD, motor vehicle upon our public roadways is oftentimes the same narcissistic, irresponsible, belligerent, personality-type that offends in other areas of the law where felony and misdemeanor warrants, license suspensions, are commonplace; therefore, rejecting illegal vehicular NOISE as probable cause by law enforcement further demonstrates the impotency and compromise prevalent in our pathetically WOKE enforcement entities today.   Rick Holtsclaw

Loud Pipes Save Lives (The Lie)

The impotent mantra, obfuscation, often cited by the narcissist who abuses their fellow citizens with illegal motorcycle noise is “I ride LOUD because Loud Pipes Save Lives.” Personally, having owned some 30-motorcycles since age 12 and having ridden professionally for years, Loud Pipes Save Lives is a lie, it’s obfuscation for illegal, abusive, behavior as illegally loud exhausts make the rider less safe through exponentially increased rider fatigue; through inadvertently invoking a “fight or flight response” from adjacent operators of motor vehicles who make unpredictable avoidance maneuvers when startled by the illegal, intrusive, noise while passing and white-lining under acceleration; also, the illegally loud exhausts stymie the warning sirens of approaching emergency motor vehicles creating a hazardous scenario for the motorcyclist as well as every motor vehicle operator, bicyclist, pedestrian, in their vicinity; this, as they approach a busy intersection.

For all intents and purposes, in order for LOUD exhausts on motorcycles to be effective for safety concerns, the exhaust would have to be pointed forward where 75%+ of motorcycle hazards exist; specifically, vehicles turning left into the path of the approaching motorcycle; therefore, bright colored clothing, operating with headlight on, wearing a DOT approved motorcycle helmet, are actual safety measures, not illegal NOISE.

Loud Pipes Save Lives is a “safety myth” according to a new study – https://www.motorbiscuit.com/new-study-confirms-loud-pipes-save-lives-is-safety-myth/

Citing a LOUD EXHAUST: https://www.youtube.com/shorts/LftJN3IXREs?feature=share

Traffic Noise Can Kill You: https://boingboing.net/2021/02/22/traffic-noise-can-kill-you.html

Car Noise is Killing Us: https://www.planetizen.com/news/2022/05/117092-car-noise-killing-us

Children and Neighborhood Traffic Noise: https://www.motherjones.com/environment/2016/12/city-noise-pollution-health-school-learning/

Cardiovascular Effects of Traffic Noise: https://www.annualreviews.org/doi/10.1146/annurev-publhealth-081519-062400

Sounding the Alarm: How Noise Hurts the Heart: https://knowablemagazine.org/article/health-disease/2021/how-noise-pollution-affects-heart-health

50,000 Deaths Annually – Caused by Traffic Noise: https://www.transportenvironment.org/discover/50000-heart-deaths-year-caused-traffic-noise/

How Noise Pollution (Traffic) is Ruining your Health: https://www.thehealthsite.com/news/here-is-how-noise-pollution-is-ruining-your-health-d1018-614867/

Europe Struggles to Turn Down Traffic Noise – Destroys Health: https://www.politico.eu/article/eu-france-paris-european-green-deal-noise-pollution-in-cities-sounds-like-a-problem/

Knowing How Noise Stress is Ruining Your Health: https://cmeindia.in/knowing-how-noise-stress-is-ruining-the-health/

Traffic Noise may IMPAIR Children’s Cognitive Development: https://thehill.com/policy/equilibrium-sustainability/3509834-traffic-noise-may-impair-childrens-cognitive-development-study/

Loud Biker Thuggery and the US EPA – a history

Illegally LOUD biker thuggery has been around for many decades. In 1983, the US EPA, due to health concerns, restricted motorcycle noise emissions to a “total” motorcycle noise output of 83dB(A) and in response to continued testing, the US EPA then opted to reduce motorcycle noise output to 78dB(A) but Suzuki Motors complained that such restriction would be cost prohibitive; therefore, the EPA settled on a total motorcycle noise output of 80dB(A) in model year 1986 and every street-use motorcycle muffler going forward was and is mandated to conform to the strict testing requirements of the SAE J331a full-throttle motorcycle testing procedure where every make and model of street-use motorcycle manufactured in the United States was/is to be tested at full-brake horsepower at 42-feet on each side of the motorcycle; said motorcycle under noise output evaluation could NOT exceed 80dB(A) in order to be retailed and operated in the United States.

Once that motorcycle make and model passed the US EPA testing mandates, the factory muffler affixed to same was to be permanently and heavily embossed with a specific US EPA muffler label that was to be in plain view for inspection by authorities and attached to the frame of the motorcycle (usually the downtube on cruisers) is another US EPA label that matches that EPA-approved muffler to the motorcycle and clearly articulates that any modification to the muffler which would increase noise output is prohibited; also, that frame label designates at what RPM (max brake horsepower) the motorcycle was tested and met the 80dB(A) restriction.

Unfortunately, enforcement of the Federal Law concerning motorcycle noise was delegated to the States and the States and local municipalities, their Governors and Mayors and Law Enforcement Community, have been abysmal failures and illegal motorcycle noise, illegal manufacturing of “not for road use” aftermarket exhausts for retail, the operation of illegally loud motorcycles on our public roadways, has grown exponentially and 80%+ of every narcissistic thug operating a large displacement motorcycle in the United States rides with an illegal aftermarket exhaust that emits in multiples (logarithmic) the total, legal, 80dB(A) as these hedonistic thugs abuse our children, the elderly, our handicapped, veterans suffering PTSD, our families, with illegally LOUD, dangerously intrusive, motorcycle noise; this, as our police are too compromised and too cowardly to stand in the gap for the abused citizenry and cite these NOISE thugs, incarcerate them if necessary, and impound the illegally LOUD piece of vibrating junk until it is returned to OEM-factory noise levels. This abuse is permitted by those sworn to protect us from same.

Also see: “Loud Motor Vehicles: America’s TRUE National Plague” https://rickeyholtsclaw.com/2023/09/27/loud-motor-vehicles-americas-true-national-plague/

Before We Begin

The following article is extremely detailed making it somewhat difficult to find a specific answer you’re searching for; therefore, I will provide a Quick Answer/A Cliffs-Notes response for two of the most frequently asked questions by those searching “loud motorcycles” via a search engine.

1) Why are some motorcycles so LOUD?

2) Are there laws regulating motorcycle noise?

Answer #1: Approximately 60-80% of the large displacement motorcycles operating on our public roadways at any given time in the United States have been illegally modified e.g. the original, quiet, OEM muffler from the manufacturer has been illegally tampered with to increase noise output – or – the US EPA approved, quiet, muffler has been removed and replaced with a “NOT FOR ROAD USE” aftermarket exhaust emitting in multiples (logarithmic scale) the legal, total, motorcycle noise emissions of 80dB(A) as mandated by the United States EPA’s Code of Federal Regulations for 1986-year-model street-use motorcycles forward (40 CFR § 205.152).

This replacement exhaust can be a full-replacement, including the headers and exhaust, or a partial replacement using only an aftermarket “slip-on” exhaust system. Most egregious are those aftermarket exhaust systems that mandate the removal of the catalytic converter. Unless these aftermarket exhausts are properly labeled with the US EPA road-use label (example below), having successfully passed the EPA testing requirements, they are illegal for operation on America’s public roadways. To the best of my knowledge, at the time of this writing, one-percent or less of the aftermarket motorcycle exhausts available to the general public are EPA-approved for street-use motorcycles.

Some 99% of the aftermarket exhausts affixed to motorcycles operating unencumbered on America’s public roadways are “NOT FOR ROAD USE” exhausts and designed for “CLOSED COURSE COMPETITION MOTORCYCLES ONLY.”  Some aftermarket manufacturers discreetly label their aftermarket exhausts with an EPA “NOT FOR ROAD USE” label (see below) as a defense to prosecution should they be civilly sued or criminally charged for retailing, distributing, installing, their competition, closed-course exhausts on street-use motorcycles. The United States Environmental Protection Agency strictly regulates street-use motorcycle noise emissions for the protection of the health and welfare, the daily quality of life of the American Citizen; unfortunately, the States and Local Governments have been delegated the responsibility of enforcing the protective intent of the Federal Motor Vehicle Muffler Regulations and it goes without saying, our State and Local Governments, their Politically Correct enforcement entities, have been an embarrassing, abysmal, FAILURE! It is America’s most innocent i.e. children, the elderly, the handicapped, that are most negatively affected, both physiologically and psychologically, by unregulated motor vehicle noise.

Are there laws regulating motorcycle noise?

Yes, there are laws (Federal, State, Local) specifically prohibiting the operation of LOUD motorcycles (automobiles-trucks 40CFR § 205.52) on our public roadways in the United States. As noted in answer #1, the US EPA restricts street-use motorcycles to a “total” motorcycle noise emissions of 80dB(A) as per the SAE J331a Full-throttle drive-by testing procedure. Every street-production motorcycle for retail in the United States (1986-year-model-forward) is equipped at the factory with an approved US EPA muffler that is heavily embossed with a US EPA Muffler Label and the frame of that motorcycle, usually the down-tube behind the front forks on cruisers, is also labeled and said label designates at what RPM the approved motorcycle attains the 80dB(A) maximum. The approved muffler is not to be tampered with, modified, removed (except for maintenance or replaced with a US EPA approved muffler) and said approved muffler is to remain on the motorcycle, its acoustical dampening qualities maintained, for the LIFE of said motorcycle.

What about the “Acoustical Assurance Period” of 3730-miles? Can I legally remove my factory-installed muffler after the 3730-miles (or one-year) Acoustical Assurance Period (AAP) has expired?

Loud Biker advocates will tell you that the stock/OEM, quiet, factory-installed muffler is only “good” for 3730 miles or one-year from the time of retail/sale.  NOT TRUE – the original, U.S. EPA approved, factory-installed muffler is intended to remain in compliance for the LIFE OF THE MOTORCYCLE according to the author of the AAP, Kenneth Feith (Former EPA Employee).  The AAP is simply a “warranty period” required by the EPA from the manufacturer to the consumer to ensure the acoustical integrity of the factory-installed muffler…for more information, please see: “Noisy Motorcycles: An Environmental Quality-of-Life-Issue” (see Pages 2 & 19 or Ctrl F “Life of”) http://www.noisefree.org/Motorcyle-Report.pdf

What is “total” motorcycle noise emissions as evaluated in the SAE J331a Full-throttle drive-by testing procedure?

Answer: The motorcycle/model/sample seeking US EPA noise certification is tested in a controlled environment at 49.2-ft. on each side of the motorcycle as said motorcycle is accelerated at full-throttle on a predetermined path. The “total” motorcycle noise, that is…every moving part on the motorcycle under evaluation, is factored into the allowable noise emissions, NOT simply the muffler output alone; therefore, the muffler is actually emitting less than 80dB(A) in order for the test motorcycle to successfully pass the SAE J331a testing procedure for certification.

In addition to the Federal Law, 49-of-50-States have enacted motor vehicle muffler laws prohibiting the operation of LOUD automobiles, trucks and motorcycles on our public roadways. Numerous municipalities throughout the United States have also enacted motor vehicle noise ordinances; generally, this is done for monetary issues related to the disposition of monies garnered from fines. Why America’s law enforcement is impotent relevant to the enforcement of these laws is discussed at some length in the following article.

Thanks for stopping by and if you have any questions I’ve not answered in this article, please feel free to leave your question(s) in the comment section below.

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America’s “Noisy” National Plague

The operation of an illegally equipped, illegally LOUD motor vehicle on the public roadways of the United States is abusive, illegal, irresponsible, dangerous, behavior that destroys the quality of life, recklessly endangers the health and welfare of many millions of American citizens on a daily basis. The relevant studies have been completed, the horrific physiological and psychological ramifications of unencumbered, illegal, motor vehicle noise are irrefutable.

Unfortunately, motor vehicle noise laws in the United States do NOT receive the statutory significance due them, but for all intent and purpose, the operation of an illegally LOUD motor vehicle on the public roadways of America is an intentional, willful, “assault” on the individual, the general public exposed to same.  For this reason, motor vehicle noise laws must be strengthened-enhanced with statutory elements that mandate motor vehicle impounding and operator incarceration/bond required for subsequent violations of the motor vehicle noise laws. Only through strict and assured enforcement protocol will compliance and public safety be achieved.

Illegally LOUD transportation noise has become a pervasive National Plague yet America’s elected officials and Local and State Law Enforcement Community have, for over three-decades, turned a blind eye and deaf ear to the desperate pleas for intercession from the vehicular noise beleaguered American citizen…why? Let’s discuss that…the “truth” may surprise you!

Rick Holtsclaw, Houston PD/Retired – “The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You”

How LOUD bikers “think” the public views their LOUD arrogance: https://www.youtube.com/watch?v=ylhsbfQTPDQ&t=15s

Car Noise is Killing Us – https://www.planetizen.com/news/2022/05/117092-car-noise-killing-us

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15 October 2017: Citizen’s comment to article, “The Truth About Loud Motorcycles…”

“God bless you. I am sitting in a New Hampshire library–library!!!–assaulted by the fools who drive their noise machines up and down the main road outside. We must do something about the conspiracy of manufacturers and government that robs us citizens of so much of our sanity.”  Dean

Response to Dean by Rick Holtsclaw,

Thank you Dean, I have personally fought the vehicular noise bullies via strict enforcement, adjudication, even incarceration, but received ZERO support from my police department and local administration due to the local, state and federal corruption involved in protecting the illegal behavior of privileged participants and the profits involved in permitting these narcissistic vehicular NOISE bullies to destroy our quality of life.

I sued Federally and the 8th-Circuit Court of Appeals said I was not a “protected class;” therefore, the protections articulated in the 14th-Amendment (Equal protection under the law) do not apply to me.

I’ve traveled to D.C. (May 2017) and begged, pleaded for intercession via https://view.publitas.com/p222-12679/american-quality-of-life-act-2017-congressional-bill-proposal/ yet no feedback or positive news thus far. (Dean, our elected officials don’t care about our quality of life or our health and welfare!)

Unfortunately Dean, our elected officials and our police are impotent and uncaring, compromising and far too many of our representatives have been bought and paid for by special interest groups who profit from the operation of an illegally modified, illegally LOUD motor vehicle on our public roadways.  The “rule of law” has been negated for profit and political expediency, we no longer have men of honor and integrity representing us, we’re on our own!

Keeping up the good fight!

Thank you Dean.

Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles – Facebook

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“But industry officials are aware a backlash is looming. Harley-Davidson President Jim McCaslin, in a message on the company’s Web site, told riders to pipe down, citing a 400% increase in negative news stories regarding motorcycle noise in the past 10 years. Local [California] dealers warn about it as well.” – (15 June 2009 – Biker News)

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“Industry concern over the problem of loud exhaust pipes is nothing new. The American Motorcyclist Association (AMA) has long warned riders that attitudes shaped by complaints about loud pipes frequently compromise the AMA’s efforts to battle anti-motorcycling legislation and regulation. That same concern was echoed by the Motorcycle Riders Foundation a few years ago when it adopted the AMA’s stance against loud pipes. The Motorcycle Industry Council has conducted anti-noise campaigns for over 30 years. These days, the loud motorcycle you hear roaring past is likely to be a modified Harley-Davidson. This is somewhat ironic because Harley was among the first motorcycle makers to tackle exhaust noise a century ago.” – (23 Feb. 2009 – Motorcyclecruiser.com)

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“Street noise is getting louder, too, in large part because nobody’s doing anything to stop it.” “WHO has published data linking environmental noise with cognitive impairment, disturbed sleep, tinnitus, and cardiovascular disease; in Germany alone, traffic noise causes about 1,629 heart attacks each year, one study found. “Even if you don’t have health problems yet, you’ll have diminished quality of life [from noise pollution],” says Arline L. Bronzaft, Ph.D., an environmental psychologist who’s studied the topic for more than three decades. “The divide between research and policy is what’s upsetting to me,” Bronzaft says. “Noise is harmful to health, it’s harmful to children’s learning, and it diminishes quality of life—the evidence is strong. What we haven’t done is ameliorate it, even though we know how to. Do you really think it’s rocket science to lessen the noise in our lives?”  (How City Noise is Slowly Killing You, BAZAAR, 25 July 2017, http://www.harpersbazaar.com/culture/features/a10295155/noise-detox/)

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“Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. Apparently, this is a potential hazard to the provisions of sound living conditions and needs to be checked at planning, administrative and judicial level.” (The Legislative Aspects of Noise Pollution, April 30, 2004) http://home.uchicago.edu/~mstaisch/Sharad/papers/Legislative%20Aspects%20of%20Noise%20Pollution.pdf

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“For cardiovascular disease mortality, the most distinct association was found for road noise. The risk of dying of a myocardial infarction increases by 4 percent per 10 decibel increase in road noise at home. Also the risk of hypertension and heart failure increases with transportation noise.” (June 22, 2017 at 11:44 PM General Health News)  http://www.medindia.net/news/transportation-noise-affects-the-health-of-people-171081-1.htm 

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When a motorcycle comes from the factory, the exhaust system is EPA approved, but not for long. “We usually see 60 to 70 percent of riders change the pipes out,” according to the general manager at a Boston Harley-Davidson dealership.”

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“One recent news report claimed Harley dealerships estimate that 80 percent of new Harley owners don’t leave the motorcycle store without stopping at the desk to “upgrade” their exhaust system.”

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Question…Why is the quality of life destroying presence, the Nationwide pervasive problem of illegally equipped, illegally modified, illegally LOUD motorcycles, automobiles and trucks, currently operating unencumbered on the public roadways of the United States, allowed to continue unabated by America’s Law Enforcement Community whose first duty is protection of the American citizen?

Introduction

Thank you for your interest in America’s pervasive “National Plague” i.e. illegal, intrusive, physiologically and psychologically injurious motor vehicle NOISE. Though motor vehicle noise laws do not receive the statutory significance due them; fact is, illegally modified, illegally equipped, illegally LOUD motor vehicles have, over the previous four-decades, become one of the most pervasive destroyers of good daily quality of life standards for many millions of American citizens, especially for those citizens living and working in congested urban areas throughout the United States.

My name is Rickey D. Holtsclaw.  I am an honorably retired 31-year veteran of the Houston Police Department who has enforced motor vehicle noise laws with fervor due to the exponential growth of this abusive behavior in our society.  Never, in 31-years of policing in the 4th-largest police agency in the United States – having policed some of societies most violent and perverse neighborhoods – never did I interact with a more deceitful, lying, obfuscating, group of individuals as the narcissistic, entitled, Loud Biker Cult[ure].  Though I’m accused of singling out a specific faction or particularly irresponsible segment of our society, understand this and let me be very clear – I am simply providing you with the “truth” subsequent to thirty-one years in law enforcement and subsequent to accumulating hundreds-of-thousands-of-miles on motorcycles.  I KNOW the Loud Vehicle Cult[ure] in our Nation and I KNOW, in particular, the LOUD Biker Cult[ure], both personally and professionally, as well as KNOWING motorcycles and the culture that has evolved around these two-wheeled icons over the previous forty-to-fifty-years.

The incredible, almost unfathomable personal and professional life altering circumstances I, along with my family, endured during my vehicular noise enforcement initiative in Houston and subsequent to retirement as I have endeavored to intercede on behalf of the vehicular noise beleaguered American citizen – the incredible experiences, the collusion, the corruption, the debased – ungodly – anti-American – Morally Relativistic  underpinnings of this pervasive destructive behavior in our Society yet the physiologically injurious, quality of life destroying LOUD Vehicle Cult[ure] in the United States continues unabated, day after day, while pleas for intercession are ignored by those whose primary duty and responsibility is PROTECTION.

It is my goal, within the following paragraphs, to respond to the Who-What-Where-When-Why and How relevant to the societal plague of pervasive, unlawful, vehicular noise on our public roadways as well as publishing the “truth” regarding the Loud Biker Cult[ure] in America.  Though some will read through this article and scoff at my efforts with the statement, “Man, what’s the problem…it’s just noise?,” understand that such passivity is the resultant of conditioning-desensitization and ignorance relevant to the “truth” concerning pervasive, illegal motor vehicle noise and its daily destruction to the quality of life, health and welfare of many millions of American citizens, especially our most innocent i.e. children, the elderly, the handicapped population.

Prior to reading through this in-depth article, it is recommended that you view my video titled, Loud Motorcycles? (Pt. 1) THE LAW, thereby familiarizing yourself with the Federal law relevant to the U.S. Environmental Protection Agency’s “Code of Federal Regulations” pertaining to street-production motorcycle noise emissions limitations.  Forty-six State muffler laws contain statutory-elements that mirror the protective intent of the Federal law; therefore, familiarization with Federal motorcycle noise limits and the testing procedure used to verify that limitation will increase your understanding of the material discussed in this article.

Also, for Law Enforcement Personnel, see: Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

A sincere request to the members of the Loud Biker Cult[ure], please do not comment to this article, you have absolutely nothing to offer that I’ve not heard ad nauseam for far too many years!!!

A Cautionary Note…

Caution: Vulgar, obscene, lewd, Loud Biker Cult[ure] comments are interspersed throughout this article.  I have included a sampling of comments from the Loud Biker Cult[ure] to further your understanding of the personality-type that modifies a motor vehicle to make illegal, dangerous, intrusive, NOISE then, with volition, proceeds out onto America’s public roadways and uses that illegal NOISE as an instrument of assault against children, the elderly, our handicapped population…our families.  These vulgar comments are generally prefaced in “red” or there is significant warning preceding them.

Note: While reading through the article, should you seek additional information on a particular subject, please tab on the highlighted (blue) hyperlinks integral with the text.  Be sure to use the back arrow/previous page arrow to return to the correct position in the article subsequent to having viewed linked articles or videos.

Thank you,

Rick Holtsclaw, Houston PD/Retired, Concerned Citizens Against Loud Motorcycles – Facebook, Noise Free America (rickholtsclaw@yahoo.com)  Twitter: @RickeyDale07

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Article Content/Structure

NOTE: The following article, The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You, is divided into four major sections for readability.

Section One

Introductory Section – Familiarization

1. Article Objective.
2. Recent Citizenry Complaints & Loud Biker Cult[ure] Comments.
3. Physiological – Psychological Concerns – Dissonance (Scientific Studies).
4. Motorcycle Particulates Emissions – Facts/Discussion.
5. LOUD Biker Cult[ure] Defined & Legal Requirements/Standards.
6. A Statement(s) – A Question – Culpability (A Discussion on Vehicular Noise).
7. An Overview and Discussion of the Loud Biker Cult[ure] Personality.
8. A Word of Caution and Relevant Examples.

Section Two

Sociological Section – Who Really Cares and Why?

1. What Else Truly Matters?
2. Society in General.
3. United States Congress.
4. United States Environmental Protection Agency.
5. Mom’s and Dad’s of America.
6. Discussion of Vehicular NOISE Problems in America.

Section Three

Causation – Culpability Section – Where the Rubber Meets the Road

1. The Police – Where are You? (Compromise – Obfuscation – Probable Cause – Enforcement Protocol).
2. U.S. EPA’s Failure to Regulate the Motorcycle Aftermarket Manufacturing Industry (EPA v. Harley (2016) Lawsuit Discussed).
3. Mayoral – Police Chief Prostitution with the Loud Biker Cult[ure] at Motorcycle Rallies.
4. Government’s Failure to Protect.

Section Four

Discussion – Section

1. Solutions to Motor Vehicle Noise Problems in the United States.
2. The Loud Vehicle Cult[ure] – An Honest Perspective.
3. IMHO – Subsequent to 31-years in Law Enforcement.
4. A Genuine Concern – Washington D.C. and Compromise with Loud Biker Thuggery.
5. CAUTION: Motorcycle Rights Organizational Deceit and Obfuscation (Acoustical Assurance Period – Motorcycle Safety Inspection Stations – Loud Pipes Save Lives).

Addendum

1. Relevant Videos and Articles.

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Section One

1. Article Objectives.

2. Recent Citizenry Complaints & Loud Biker Cult[ure] Comments.

3. Physiological – Psychological Concerns – Dissonance (Scientific Studies).

4. Motorcycle Particulates Emissions – Facts/Discussion.

5. LOUD Biker Cult[ure] Defined & Legal Requirements/Standards.

6. A Statement(s) – A Question – Culpability (A Discussion on Vehicular Noise).

7. An Overview and Discussion of the Loud Biker Cult[ure] Personality.

8. A Word of Caution and relevant examples.

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(1) Article Objectives

This article is NOT Politically Correct, but the “truth” seldom is; therefore, if you’re searching for causation relevant to why your daily quality of life is destroyed by the narcissistic, irresponsible, illegal, bully behavior of the Loud Vehicle Culture in America, with an emphasis on America’s Loud Biker Cult[ure], a careful, complete and thorough read of this article will provide the answers you seek.

The following questions, in addition to a sundry of others, are discussed at length in this article…

1. Why has the United States Federal Government via the U.S. EPA regulated “total” motorcycle noise emissions to a respectfully quiet 80 dB(A)? (1986-production year forward)
2. Why have 49 of our States regulated motor vehicle noise via legislation and why do 46 of those 49 States have statutory elements in their motor vehicle noise laws that mirror the protective intent of the Federal Law?
3. Why have all of these regulatory and legislative entities throughout the United States engaged in such extensive research, time, money, implementation protocol, to enact legislation that restricts motor vehicle noise?
4. From where or from whom does the Loud Biker Cult[ure] in the United States derive the authority or the privilege or the “entitlement” to usurp/disobey the protective intent of the rule of law enacted specifically for the protection of the American Citizen by modifying their motorcycles to emit illegal, intrusive, noise emissions in multiples (logarithmic scale) of the “total,” safe, legal limit of 80 dB(A)?
5. Are those who operate a motorcycle on the roadways of the United States “above the law” and “entitled” to ignore the rule of law?  If not, why are some 60% to 80% of the motorcycles operating on America’s public roadways at any given time illegally equipped or illegally modified to emit dangerous, intrusive, illegal, motor vehicle noise emissions?
6. Why is America’s law enforcement community and our elected representatives failing, refusing, to provide “protection” for the American vehicular NOISE beleaguered citizen?

Thank you,

Rick Holtsclaw, Houston PD/Retired

                                                 

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(2) Recent Citizenry Complaints – Loud Biker Cult[ure] Comments

Latest vehicular noise complaints/citizen comments received…

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15 October 2017: Prescott, Arizona: Noise ordinance: Sit around the courthouse plaza and listen to the loud motorcycles and some vehicles. Total lack of enforcement in our city. Why? https://www.dcourier.com/news/2017/oct/15/rantsraves/

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30 September 2017: My area is under siege by this blight. Cops don’t care at all. they’re probably offenders themselves off duty. Seems like they like it and are all friendsy with the offenders. While people who desperately need peace suffer, and life, health and wellbeing is being ruined. It’s motorcycles, modified cars and monster trucks here in Redneckville, New york (Name Redacted) (C-CALM)

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29 September 2017: I live on a major thoroughfare, and from sitting on my patio, 9 out of 10 motorbikes going by are absurdly loud. If you limit it to Harley type bikes, it’s 100%. I’ve not seen one go by that was quiet, and we’re talking a sample size of over 100 bikes. (Name Redacted) (C-CALM)

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27 September 2017: Some motorcycles are very loud and seem to have no mufflers, as are required with cars. Are there no noise limits for motorcycles? I am usually startled when motorcycles pass by on the freeway.  A visitor to our neighborhood recently left his motorcycle idling next door; it was so loud we could hardly hear our TV.

– Donn (Redacted) , Seal Beach

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19 August 2017: Editorial: Big noise

Excerpt: The fact is that, for a cadre of loud riders (who are not, it should be said, the majority of motorcycle riders), it isn’t about safety at all — it’s about showing off, and safety’s just an excuse.

Even as a meeting with Signal Hill Road residents and city officials about motorcycle noise was wrapping up last week, a group of motorcyclists was traveling up and down the street, smoking tires and gunning engines in what can only be described as an upright middle finger to the neighbourhood, to noise bylaws, and to anyone else who likes to enjoy a little peace and quiet at the end of the day. (The Telegram)

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15 August 2017: Signal Hill residents call for action in public meeting on motorcycle noise

Excerpt: Derek Osborne did not mince words when he stepped to the microphone Monday night at a public meeting about a petition against motorcycle noise in his St. John’s neighbourhood.

“I’m completely disgusted that I’m here tonight,” said Osborne, who lives in the Signal Hill neighbourhood.

“This is not a new thing. Get your shit together. This is not appropriate. Get something done.” (Derek Osborne)

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An Act of Retaliation for Citizen Complaints

(Signal Hill article above)

16 August 2017:After Complaints about Noise, Dozens of Motorcycles Descend on Signal Hill Revving Engines, Beeping Horns

Excerpt: People who live in the area of Signal Hill call a noisy demonstration last night by motorcycle riders a deliberate attempt to intimidate them.

Things came to a head Monday night as the ward councillor, Jonathan Galgay, called a public meeting at City Hall to talk about the noise and speeding. They have been complaining for years about loud motorbikes and speeding vehicles, yet little has changed as the city does not have the means or authority to stop moving vehicles.

A video posted to Facebook shows about 40 motorbikes revving their engines and flashing their lights just after 8:30 last night. One resident, Mona Rossiter, says the incident shows what they’re up against.

She says police were called and did show up. (VOCM Local News)

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04 August 2017: Letter: Noisy traffic may drive away new City of Langley resident

Excerpt: I have lived here for close to a year, long enough to see that Langley could be a great little city, but it is becoming a haven for noisy motorcycles and cars that roar, literally, up and down 200 and Fraser Highway. (Anne Hayden) See: http://www.langleytimes.com/opinion/letter-noisy-traffic-may-drive-away-new-city-of-langley-resident/

Readers comment: I agree, it’s super noisy downtown Langley, there are always lawn mowers or some sort of construction too. I really noticed it when I was sick and got a bit noise sensitive. It was hard to have a restful peaceful moment. Constant assault on the senses in terms of with machine noise.

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09 August 2017: Our neighborhood douchebag has put his old muffler back on again. We are moving away next week to escape it. (Name Redacted)

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09 August 2017: Loud, slow bikes are compensation for small male organs.

04 August 2017: YOU ASKED: Why don’t they enforce the noise ordinance?

Excerpt: A reader on Capital Avenue said the area is the “noisiest place” she’s ever lived.

She mentioned loud sounds emanating from sources like cars without mufflers, stereos and motorcycles. She wondered why the police don’t enforce the existing noise ordinance to help turn down the volume. See: http://www.state-journal.com/2017/08/04/you-asked-why-dont-they-enforce-the-noise-ordinance/

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01 August 2017: To whom it may concern: My 83 years old husband and I live in the (redacted) in a marina at (redacted) (a grand father’s closet business) there are about 12 families residing in this little community equally affected by nightly boombox noise pollution that may easily reach 140 to 150 dBA . It tends to start around 11 pm to around 3 am Fridays, Saturdays and Sundays though it can still happen on weekdays as well. On calling 911 in order to place a complaint we are told to call 311 and vice versa. We have elderly with health issues and I myself am feeling health effects due to the noise. My question is what can I do to have the authority enforce an ordinance in an industrial area such as ours??  As a school bus driver l am responsible of many young souls and I can not jeopardize my job due to lack of sleep caused by dangerous and pervasive noise pollution.  (Name Redacted)

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28 July 2017: Buckhead residents fed up with early-morning motorcycle noise, see…

11Alive is holding the powerful accountable after residents at a Buckhead high-rise say the sound of motorcycles revving up their engines and zooming down Peachtree Street wakes them up in the wee hours of the morning.  “It happens on Wednesday night and then usually Friday and Saturday,” Phillips said. “And when I say night, I mean the next morning because it’s happened at the bar closing time so that 2:30 in the morning and we live here on the 11th floor and we are awoken from a sound sleep.”

Phillips, who has lived at the building since it was built in 2001, said his efforts to stop the noise have been unsuccessful so far.

“We’ve contacted councilmen, we’ve had meetings with the district police here,” Phillips said. “Many of the residents call 911 on a regular basis to report it and we just seem to not be getting any resolution to it.”

Roane Spencer, who lived in the building since 2002, said he’s also tired of the noise.

http://www.11alive.com/news/local/holding-powerful-accountable/buckhead-residents-fed-up-with-early-morning-motorcycle-noise-1/460263531

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31 July 2017: Thank you for fighting this fight on behalf of the citizenry. When the excessive noise comes, physically and emotionally it really does feel like assault–glad you use this term. And it also triggers a transitory response to do these people harm in return. The Denver Post (I live in the metro area) ran a story July 29 about Greeley, Colorado PD writing a slew of tickets recently for noise. I will be referencing that for my city council and asking, “why not here?” My city suffers greatly from vehicular noise pollution.

I would just like to add a comment to one posted here May 31 about just “a bit of noise for 4 or 5 seconds.” This is telling. This crowd cannot make the big leap of imagining what it is like for people in their homes to be subjected to an *endless parade* of individual 4 second spans. They don’t have the mental capacity to extrapolate the impact. They only see themselves.  (Name Redacted)

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21 July 2017: Paradis: Nothing ruins a cold beer like drinking it on a patio next to a revving motorcycle

19 July 2017: Rick. the ultimate responsibility for this problem falls on law enforcement or lack thereof. (Name Redacted)

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19 July 2017:  Thank you. Thank you. This is a growing problem in the US. especially in our national parks. The park service recognizes this problem but “encourages” people to be quiet with bikes and cars to be “responsible”.  It is a voluntary thing. This is not working. I recently was on the Blue Ridge Parkway south of Asheville went for a hike . 2 miles on the trail and could hear the roar of the bikes. Is this what our national parks are about? They should all be fined if they have illegal pipes. What the hell is going on? You are a gift from God. Please contact the NP’S our national parks are under assault.  This is the biggest form of pollution. (Name Redacted)

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Hello,
This may just be a chance for me to vent, but do you have any suggestions? We live on a serene, quiet cul-de-sac in the suburbs. It was one of the few places in this world I was spared bike noise….until he moved in. He goes in and out of the neighborhood as many as 12 times a day. I think he’s a drug dealer. He wears a leather jacket that says American Infidel, with a drawing of a skull and guns.
Do you have any advice for me?? Do I have to sell my house and move?
Thank you,  (Name Redacted)

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13 July 2017: I’ve been a motorcycle enthusiast since ’67 [14yo.] Enduro competitor, ’73-’93; Observed Trials, ’91-’05; dual-sport aka ‘advriding’ since ’83. All my bikes have remained stock [wait- I had the flywheel on my trials bike turned down a lil, for faster revs;] both forms of competition have decibel tests. My opinion: the ‘loud pipes’ crowd seem to have insecurity, self-esteem issues [snarky mentioning of body parts, seems to subscribe to ‘their kind of thinking.] As a [retired] public HS teacher, I witnessed these kinds of attitudes and behaviors on a daily basis. Adolescent lack of metacognitive thinking, on display, here. (Name Redacted)

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11 July 2017: I am not only a Concerned Citizen Against Loud Motorcycles but excessive noise in general. I have lived at my current location as a law abiding, respectful taxpayer for almost 38 years. The escalation of noise, most notably from increased vehicular traffic, has transformed our once serene setting into one constantly inundated with persistent noise generated by our fellow citizens who simply minimize the rights of others in preference to their own. (Name Redacted)

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09 July 2017: Rick I almost murdered a biker yesterday. He blew through my street so fast and so loud with wanton disrespect that my blood boiled. I made the right choice and spared his life. During summers weekends here, it is so serene so quiet yet I cannot relax because I know some rogue asshole will blow through, by, or close to my street. It just takes one to ruin it for me coupled with the anticipatory anxiety of others . You said it best . They feel exceedingly entitled to act like assholes. The attitude behind the noise makes it even worse. A loud jet is loud but it’s impersonal. The pilot isn’t generating the noise on purpose. I do have a bumper sticker, It states, “Loud pipes will get you killed”. I’m just so fed up with these jerks. (Name Redacted)

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03 August 2017: Bangkok Motorcycle Noise Hell

Excerpt: “Welcome to the apocalypse. This is what a city looks like when its entire police force has given up. These reckless morons on their bikes, bouncing off the rev limiter in first gear at 110 decibels (well within human hearing damage realm), huddled low over their fuel tank, like a chimpanzee f****** a watermelon – this is the sound of now, and it’s intolerable.” Author: Dave Swinfin  See: https://swinfen.wordpress.com/2017/08/03/bangkok-motorcycle-noise-hell/

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03 August 2017: ‘Grow up’: Motorcycle vandalized twice overnight by neighbour who hated noise (http://www.ctvnews.ca/canada/grow-up-motorcycle-vandalized-twice-overnight-by-neighbour-who-hated-noise-1.3531254?autoPlay=true)

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02 August 2017: Loud motorcycles in downtown St. John’s draw ire, defenders

Excerpt: “Many people would say the issue has been exhausted over the years, but the problem of loud motorcycle mufflers keeps generating debate.  Maggie Burton, a candidate for St. John’s City Council, says loud noises from bikes frequently wake up her two children at night in her downtown home.  She thinks the city should regulate noise levels for the vehicles.  “I ride bikes, I am a regular passenger on bikes and I have never been on a bike louder than a vacuum cleaner,” she said.  “It’s obviously a matter of personal preference but your personal preference can disturb and unnerve a lot of people in the city. And we need to see what of those two things are more important.” See: http://www.cbc.ca/news/canada/newfoundland-labrador/loud-motorcycles-st-johns-1.4231705

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Caution: Vulgar Biker Comments…just a mere sample…

Loud Biker Comment: Don Herbert 04 September 2018: Hey Rick Holtsclaw you are a complete fucking ass hat aren’t there allot more important things that need to be fixed in this world !!! I think you really are in desperate need of a life loser !!!

Loud Biker Comment: John Sheriff 15 October 2017: “Gag gag on your mans cock… fucking queer.”

Loud Biker Comment: Hangurselfkys 22 September 2017: “Oh fuck you man, you are those kind of ppl that are so retarded that i cant express how retarded you are. Loud pipes dont kill anyone, infact it saves more lives then it kills. Because they can hear them coming.”

Loud Biker Comment: Phil McAfee “Hey Rick, Too bad you didn’t take one in the face while you were on duty. Its not to late for us to hope.”

Loud Biker Comment: Mohammed Jihad “Fuck your children fuck you elderly and fuck your family go fuck your mother’s grave you fucking scumbag.”

Loud Biker Comment: John, 12 July 2017: Die in a fire, Rick, you unAmerican, fascist piece of shit. I mean that with nothing but love, of course.

Loud Biker Comment: Brian Mackenzie 16 July 2017: I put the loudest pipes I could get on my bike because fuck you and my neighbors.

Most recent LOUD Biker Comments…

• Chewy Ewok – 14 May 2019 Fuck you Rick Holtzclaw, you Nazi SOB! If I find out
• Apple – 14 May 2019 Ooh, you big bad biker! Please don’t hurt anybody, Chewy Phooey! You’re probably deaf anyway, but here’s something to consider: who’s acting like a Nazi here, little man?
• Mark-Francis Mullen 29 July 2017 YouTube: LOL, fascism. Ever heard of the land of the free? Aren’t you a bit ashamed? Did you grow up in Nazi Germany?
• Bobby Schneck 13 July 2017 FB: Don’t you assholes have anything better to do?
• Peter Higgins 12 July 2017 FB: Fuckheads only allowed to join pussy group.
• Peter Higgins 12 July 2017 FB: You are the type of dickhead that needs a brain.

• Aaron Laird 09 July 2017 Fuck you, fuck your page, BRRRRRRRRRRRRRRAP!!!!!!!!!!
• Kristopher Heerdt 08 July 2017…Loud pipes saves lives!!!!!! What a shit of a site lmao. Even if loud pipes become illegal do you really think people will stop having loud bikes…..um fuck no. People break the law all the time. So BRRRRAP BRRRAP bitches!!!!
• flipstyledsm22 10 July 2017:  I’ve got loud pipes on my bike and I don’t give a shit what anyone thinks about it either. My property, my money, my choice to live how I want to and do what I want to. It’s my American dream, so you can eat a fat dick if it’s too loud for your queer ears.

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(3) Physiological/Psychological Concerns – Dissonance

Article: “Quiet Please – Fighting Noise Pollution” (NOVA)

Excerpt…

The WHO [World Health Organization] team used the information to calculate the disability-adjusted life-years or DALYs—basically the healthy years of life―lost to ‘unwanted’ human-induced dissonance. Their results might surprise you.

They found that at least one million healthy years of life (yes, one million) are lost each year in Europe alone due to noise pollution (and this figure does not include noise from industrial workplaces). The authors concluded that ‘there is overwhelming evidence that exposure to environmental noise has adverse effects on the health of the population’ and ranked traffic noise second among environmental threats to public health (the first being air pollution). The authors also noted that while other forms of pollution are decreasing, noise pollution is increasing. See: http://www.nova.org.au/people-medicine/noise-pollution

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Excerpts from article:

Extent of the problem: Estimates of the extent of environmental noise in the United States are far from complete, and research has suffered as a result of a deprioritizing of noise; the most recent EPA data expressly on noise pollution are from 1981. Approximately 104 million Americans are at risk of heart disease, hearing loss, and other health effects caused by environmental noise. Recent evidence from outside the United States suggests that the problem is serious; the World Health Organization (WHO) reports that, in Europe, the burden of disease associated with environmental noise pollution from traffic alone is higher than the burden associated with lead exposure, ozone, or radon.

Scientific evidence: Chronic environmental noise produces a wide variety of adverse health effects, including fragmented and disrupted sleep, annoyance, and hearing loss. These effects in turn lead to cardiovascular morbidity and mortality, neurological/psychiatric sequelae, and morbidity associated with hearing loss. Studies that address the home/work environment have demonstrated a dose-response relationship between chronic ambient noise levels and increased blood pressure; an increased incidence of heart disease; problems with complex tasks in children, along with attention/learning disabilities and hyperactivity; increased distractibility and annoyance in adults; and an increased incidence of diabetes. Current understanding of the causal pathway from exposure to chronic noise to morbidity/mortality includes repetitive sleep fragmentation and micro-arousal (and its cardiovascular and cognitive effects) as well as noise annoyance (leading to stress and its cognitive effects) and the direct effects of hearing loss from noise. Disordered sleep similarly leads to increases in accidents and learning difficulties among both adults and children. Increased noise annoyance also leads to cognitive difficulties (decreased ability to concentrate, learning problems) and stress (which likely contributes to the aforementioned cardiovascular and endocrine effects).  ^{See: https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2014/07/16/12/50/environmental-noise-pollution-control}

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Take a moment and consider the following statement by a Mr. Charles Lang, Physics Instructor…

I’m glad someone brought up the issue of the impact and measurement of sound levels. Yes, this is a scientific measurement of sound levels which are, by design and implementation, measures of air pressure variations. A commonly used unit of air pressure is the Pascal (in honor of Blaise Pascal, the father of fluid dynamics). It is sometimes confused with sound power measurements (energy, watts over time). Both are logarithmic (exponential) mathematically and somewhat perceptibly. Thus a six deciBel (honoring Alexander Graham Bell) increase in pressure is a 4x increase in power. I could go in to much more detail but this isn’t the forum to do so. I have taught the physics of sound at a college level, and have spent much of my academic career studying it.

Back to the point, Measurement and effect are somewhat different. Now I’m being academic. The common (legally) used scale for noise measuring instrumentation is “A” weighted, meaning that it accounts for the statistical interpretation of what humans are most sensitive to. I, personally and professionally, don’t agree that an “A” weighted scale tells the whole story. I’m alone in that assessment as far as the EPA and other regulators. This is why I differ. The human sensory system is designed for survival of the species. When we hear a roar (low frequency energy diminished by the “A” weighted instrument), it does not reflect our visceral response. Our adrenal glands produce cortisol designed for “flight or fight”. We haven’t yet evolved beyond that. This human response is well known. Our bloodstream is inundated with a hormone designed to keep us safe. Unmuffled vehicles produce energy below what our ears perceive Yet our body does. It’s known as infrasound. Our military is very aware of this phenomena. We’re wired for it!

Noise is power in every sense, literally and figuratively, and should be minimized such that when it’s necessary for survival it’s useful. Otherwise, it’s like Aesop’s fable of continually “crying wolf”. It eventually loses its innate usefulness. Then we die! Mostly from stress related illness, like the number one killer in America, heart disease. I am so perplexed as to why three percent of the population (or less) [the Loud Motorcycle Culture] has this much power over our lives. Man, I could go on…as I type this… unmuffled motorcycles, trucks, et al invade my domicile and my mind, with such a stupid, selfish, idiotic declaration of their perceived freedom. Not to mention our political representatives who blindly support them, cynically, for campaign donations. Sorry Rick, but showing me how evil they are…well, my outrage meter is broken. I have a dark heart today!

Thank you,

Charles Lang

LOUD Biker Narcissism/Hedonism – Does he care?

Statement from the United States Congress 

Excerpts from 42 U.S. Code § 4901: The United States Congress finds, (1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas; (b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. (Noise Control Act of 1972)

Statement from the Environmental Protection Agency

Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects. These sources of noise, according to the EPA, are rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles.

The Legislative Aspects of Noise Pollution

A Brief Review of the Legislative Aspects of Noise Pollution by Dr. Brind Kumar*, Sharad V. Oberoi@, Akash Goenka @ http://home.uchicago.edu/~mstaisch/Sharad/papers/Legislative%20Aspects%20of%20Noise%20Pollution.pdf

Excerpt:
With the advancement of science and technology at an unprecedented pace, the urban centers of today’s world have evolved not just in size but also in terms of the living conditions provided by them. This has brought about an increasing new awareness about the noise pollution, which has become a part of our day-to-day lives. Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. Apparently, this is a potential hazard to the provisions of sound living conditions and needs to be checked at planning, administrative and judicial level.

The Loud Biker Cult[ure], having internalized a sense of entitlement due to decades of police nonfeasance/non-enforcement, has opted to ignore the protective intent of the Federal and State muffler laws and thereby demonstrates contempt for the rule of law and America’s most innocent by removing the quiet, U.S. EPA approved factory-installed muffler and replacing same with a NOT FOR ROAD USE illegal aftermarket competition exhaust that emits between four-to-eight-twelve+ times the legal “total” motorcycle noise emissions of 80 dB(A) (logarithmic scale) under hard acceleration – 80 dB(A) being the “minimum” level of protection for the general public.  Far too many of these NOT FOR ROAD USE aftermarket exhaust mechanisms are clearly audible for one-mile or more under hard acceleration.

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(4) Motorcycles and [particulates] emissions: The surprising facts

Excerpt…

This story is about emissions. More specifically, it’s about the surprising level of emissions spewing from on-road motorcycles and scooters. In California, such bikes make up 3.6% of registered vehicles and 1% of vehicle miles traveled, yet they account for 10% of passenger vehicles’ smog-forming emissions in the state. In fact, the average motorbike is about 10 times more polluting per mile than a passenger car, light truck or SUV, according to a California Air Resources Board comparison of emissions-compliant vehicles.  See: http://www.latimes.com/news/la-hy-throttle11-2008jun11-story.html

One note about motorcycles and particulates emissions…

I have ridden motorcycles professionally, used them for commuting and for long distance touring.  I’ve accumulated hundreds-of-thousands-of-miles on motorcycles and found them to be relatively “clean” vehicles when they are well maintained and the original – OEM, factory-installed, U.S. EPA compliant, muffler mechanism remains affixed to the motorcycle.

In my humble opinion, I believe CARB’s incredible pollution emissions statistics, relevant to the motorcycles evaluated in the before mentioned study, is the result of 60% to 80%+ of the roadway-use motorcycles in the United States having been illegally modified to emit illegal noise emissions, either through tampering with the factory-installed muffler or replacing the U.S. EPA, factory-installed muffler with an illegally LOUD, particulates spewing, NOT FOR ROAD USE aftermarket exhaust mechanism.

A number of the “full-system replacement” NOT FOR ROAD USE aftermarket motorcycle exhaust systems require the removal of the catalytic converter and manipulation or absence of 02 sensors. In fact, the U.S. EPA, under the auspices of the Clean Air Act, sued Harley Davidson Motorcycles for “particulates” emissions violations in 2016 (EPA v. Harley civil action discussed within this article under “Causation” – U.S. EPA). Herein lies the problem with NOT FOR ROAD USE, illegally LOUD, illegally dirty, exhaust mechanisms operating unencumbered/un-policed on our public roadways…and the general public suffers.  Why?  Let’s talk about that…

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(5) Loud Biker Cult[ure]      Defined…

1. The Loud Biker Cult[ure] in America is comprised of men and women who operate a motorcycle on the pubic roadways of the United States subsequent to having illegally modified, in violation of Federal Tampering Prohibitions, the U.S. EPA mandated, properly labeled, quiet, factory-installed motorcycle muffler affixed to said motorcycle either by drilling holes into the muffler canister, cutting open the muffler housing and removing acoustical dampening material or removing the baffling mechanism designed to quieten motor exhaust emissions to a legal, safe level as per the Code of Federal Regulations – those Regulations enacted specifically for the protection of the health and welfare, the quality of life of the general public. – or –
2. Men and women who operate a motorcycle on the public roadways of the United States subsequent to having removed, in violation of Federal Tampering Prohibitions, the U.S. EPA mandated, properly labeled, quiet, factory-installed motorcycle muffler and replaced that legal muffler with a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE MOTORCYCLES ONLY aftermarket exhaust mechanism (slip-on exhaust or full-system replacement) that emits in multiples the legal, “total” motorcycle noise emissions of 80 dB(A) as restricted by the U.S. EPA for 1986-year model street production motorcycles forward as per the SAE J331a “Full-throttle drive-by testing procedure.” (db differentials measured on a logarithmic scale – not linear) (log calculator) That “total” 80 dB(A) motorcycle noise emissions limitation/restriction stipulated as the “minimum level” of protection for the general public. Causation, reasoning, obfuscation or motivation for the Loud Biker Cult[ure’s] disregard for the rule of law, the health and welfare as well as the quality of life of the American citizen is discussed in detail within the following article.

Legal Standards (Overview)

(Photo) United States Environmental Protection Agency (U.S. EPA) Muffler Label – Required on every street-use production motorcycle in the United States beginning with the 1983-year model production year.  The 80 dB(A) “total” motorcycle noise emissions cap or limitation (in photo) is relevant to every 1986-year model street-use motorcycle forward.  This U.S. EPA muffler label is required, as per the Code of Federal Regulations, to be located in a “readily visible location” and permanently affixed to or  permanently embossed (as in this photo) into the muffler housing.

The U.S. EPA “quiet” muffler is to remain on the motorcycle for the “LIFE” of the motorcycle and it is a violation of Federal Law to remove said muffler except for repair or maintenance – if the factory-installed muffler must be replaced, it must be replaced with a muffler meeting the acoustical dampening characteristics of the original factory-installed muffler.  No excuses, no obfuscation, no lies or deceit – the U.S. EPA approved muffler is the legal “standard” for all street-use motorcycles in the United States beginning with the 1986-year model (80 dB(A) limitation) and forty-six (46) State Muffler Laws contain statutory elements that mirror the protective intent of this muffler; therefore, it is the factory-installed, U.S. EPA approved/compliant muffler that is the “objective” standard for motorcycle noise enforcement in the United States relevant to State Laws containing the following statutory elements,

• “prevent excessive or unusual noise” – a universal statute
• Factory-installed muffler
• Original equipment

Furthermore, it is the responsibility of State and Local Law Enforcement to ensure that the quiet, legal, factory-installed muffler, or a muffler conforming to the acoustical dampening characteristics of the factory-installed muffler, remain affixed to every street-use motorcycle subsequent to retail. Law Enforcement nonfeasance/non-enforcement – causation for same and enforcement protocol is discussed in more detail under section “The Police – Where are You?”  

• 1983 – 1985 Street-use Motorcycle “total” motorcycle noise limitation = 83 dB(A)
• 1986 – Present Street-use Motorcycle “total” noise emissions limitation = 80 dB(A)

Questions concerning motorcycle noise enforcement?  See:

Motorcycle Noise Enforcement – 101 (For Law Enforcement): https://rickeyholtsclaw.com/2016/09/12/motorcycle-noise-enforcement-101/

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Loud Biker Comment: Chad Hamilton 6/12/16: “So let me try and understand this. Your a ex cop now running a campaign against loud motorcycles? First off FTP, second fuck you in particular. STFU please start walking up to bikers on the street and saying something so you go away. You live your life a certain way and have your things so do we. We all have hobbies and passions why try and take ours? Let’s take the shit you love away from you and tell us how it makes you feel. Shit pisses me off.”

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(6) A Statement(s) – A Question – Culpability

The exponential increase of pervasive, illegal, motor vehicle noise is unarguably one of the most destructive elements/pollutants in our environment and is directly responsible for the destruction of good daily quality of life standards for many millions of American citizens, especially for those citizens living and working in congested urban areas throughout the United States. Even more disconcerting is the fact that it is America’s children, the elderly and the handicapped population who are the most sensitive and at the greatest risk to the negative physiological/psychological effects of illegal motor vehicle noise emissions. While all other forms of environmental pollutants are decreasing, environmental noise, in conjunction with its negative physiological and psychological effects, is increasing.

Considering this truism, there is no other single enforcement initiative that a Municipal or State law enforcement entity could undertake that would have a more positive impact on improving the daily quality of life of the American citizen than strict enforcement of well-established, Constitutionally valid, motor vehicle noise laws.  Additionally, there is no better “probable cause” available to law enforcement to accomplish the objective of “protection” for the American citizen than strict enforcement of the motor vehicle laws in general. An overwhelming number of criminal suspects, many possessing active arrest warrants for a sundry of criminal activity, operate motor vehicles on our public roadways that are in a state of disrepair, unregistered or modified to emit illegal, intrusive, noise emissions; for all intent and purpose, “wanted suspects” waving a red flag to our law enforcement community to be stopped, investigated and incarcerated.

With that said…why is America’s law enforcement community and our elected officials neglecting, refusing, to provide “protection” for the American vehicular noise beleaguered citizen?

This article clearly places culpability at the feet of America’s…

1. Men and Women, motivated by narcissism/hedonism, who have opted to modify a motor vehicle to emit illegal, intrusive, noise emissions in direct violation of the protective intent of well-established Federal and State Law and subsequently, with volition, operate that illegally LOUD motor vehicle on the public roadways of the United States of America.
2. State and Local Law Enforcement personnel who compromise their integrity with the Loud Vehicle Cult[ure] and refuse to intercede on behalf of America’s most innocent.
3. U.S. Environmental Protection Agency (U.S. EPA) who obfuscates and neglects its duty as a “regulatory agency” directly responsible for providing a “national uniformity of treatment”  by failing to regulate the criminal conspiratorial marketing tactics of the Motorcycle, Automobile and Truck Aftermarket Exhaust Industry.
4. Federal, State and local elected officials who prostitute themselves with the Loud Biker Cult[ure] for political expediency and profit.
5. Men, America’s Fathers, who are unconcerned or uncaring or who have cowed to the pervasive vehicular noise thuggery and the narcissistic NOISE bullies who invade our homes, our communities, our places of work and worship as well as our public roadways with their illegally modified motor vehicles and audibly assault America’s most innocent – our families.  Twenty-first-Century “men” who are too fearful, too cowardly, too pathetically passive, to stand-up and demand that our law enforcement community and our elected officials stop compromising with vehicular noise thuggery and insist they uphold the first duty of government i.e. protection of the American citizen with an emphasis on protecting America’s most innocent i.e. our children, the elderly and the handicapped population. What has happened to America and America’s men that we tolerate those who bully and abuse our most innocent and thumb their defiant nose at the rule of law? Shameful and embarrassing.

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Loud Biker Comment: Scott Wildash commented 6/10/17: “hey shut the fuck up rick I’d rev bomb you straight into hell you old fuckboy”

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(8) A Word of Caution

Warning/caution reiterated: As a retired law enforcement officer who has dealt with the LOUD motor vehicle cult[ure] in an enforcement capacity, Please: DO NOT PERSONALLY CONFRONT THOSE WHO SELFISHLY ABUSE SOCIETIES MOST INNOCENT VIA THE ILLEGAL OPERATION OF A MODIFIED, ILLEGALLY LOUD MOTOR VEHICLE ON AMERICA’S PUBLIC ROADWAYS.  Any form of confrontation can easily escalate/manifest into violence and possibly death; therefore, please leave the narcissistic, irresponsible, bullies alone – pursue the matter through verbal and written complaints to your Local, County, State, Federal, Representatives and Local/State Law Enforcement Community — again, please do NOT confront the narcissistic, entitled, bully-behavior of the LOUD vehicle cult[ure] on our public roadways…you will eventually/ultimately lose your freedom or possibly your life!

Man killed after reprimanding resident over motorbike noise  See: http://www.thejakartapost.com/news/2017/06/19/man-killed-after-reprimanding-resident-over-motorbike-noise.html

Playing “dress-up”…

An overwhelming number of men and women involved in the Loud Biker Cult[ure] are NOT affiliated with criminal biker-gang activity – BUT – many desperately seek the “association” – the “facade” – the “machismo” of biker gang thuggery/anti-establishment defiance hence the “biker dress code” – vulgarity/obscenity/bravado – a desperate and obvious clamor for attention/affirmation/acceptance/respect by the venerable Group Dynamic and society in general.  It is the illegal motorcycle NOISE that is the Icon of the Loud Biker Cult[ure] and it is this intrusive NOISE which under-girds, bonds, provides cohesiveness to these want-a-be bad boys and girls of the “biker brotherhood” who lack the gang-banger rebellious, violent, mentality/mens rea but desperately desire and ingratiate themselves via the coerced-bully “respect” and “fear” from society that accompanies true biker-banger thuggery and debauchery.  An overwhelming number of men and women participating in the Loud Biker Cult[ure] are simply struggling psychologically  in the area of self-worth, maturational-paternal-peer acceptance/acknowledgment and self-confidence hence the bravado, the machismo, the dress-code and the obsession-compulsion with the venerable, powerful, Group Dynamic.

Truth be told, the Loud Biker Cult[ure], for the most part, is comprised of men and women playing “dress-up” in a pathetic attempt to garner attention and affirmation to themselves; with that said, do not underestimate the persuasiveness, influence and power of the Group Dynamic if you unwittingly challenge these want-a-be “bad boys;” If you challenge them they may very well, out of pride and an obsession with the Group Dynamic, demonstrate violent behaviors that in any other setting they would cower and flee.  The wisest and most discerning tactic is to smile, pity them and file a verbal and written complaint with your Local, County, State and/or Federal Representatives.  It bears repeating…honorable men and women do NOT modify a motor vehicle to make illegal noise and use that noise on our public roadways to assault societies most innocent; therefore, no amount of bravado, toughness, leather, tattoos, acts of patriotism/philanthropy or Christianity can negate or distort the fact that only a narcissistic, irresponsible, bully-thug would engage in such antisocial, reprehensible, conduct.

Don’t lose your cool…

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Relevant examples for clarification before we begin our discussion…

Loud Biker Cult[ure] mentality, attitude, entitlement, narcissism, “defined” as per two recently forwarded videos (video 1 & 2) from a “concerned citizen” whose neighborhood street, like communities across the United States, has become almost uninhabitable due to unrestrained, illegally Loud Biker, Loud Automobile, Loud Truck Thuggery.  The behavior displayed on these videos and the obscenity, threats, articulated within the Loud Biker comment compilation (#3) are not unique by any means, but are simply behaviors commensurate with the rebellious Loud Biker Cult[ure] in America subsequent to four-decades of antisocial conduct absent sufficient restraining, disciplinary intercession by the representatives of government whose first duty is “protection” of the American citizen.

(1) Again, be careful…don’t lose your cool…

(2) It’s impossible to win an argument with an “entitled,” narcissistic bully…don’t waste your time…

“Do not answer a fool according to his folly, Or you will also be like him.” (Proverbs 24:6)

“Never argue with a fool, onlookers may not be able to tell the difference.”
– Mark Twain

(3) Loud Biker Attitude defined: Loud Biker Comments – the Wall of Shame –  https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Loud Biker Comment: Adam Owen 9/2/16: “Yeah, I’ll join everyone else with a big FUCK YOU!!!!! This is America ass wipe!!! We need less micromanaging from government as it is!! I’m sure you’ll look for our tax money to fund your fight too!? Stay retired and get a hobby that actually interests you and doesn’t impose your opinions on others!!”

Loud Biker Comment: crashdjmc74 Jun 16, 2016: “Truly “faggot” you are right, thank God. You’re a worthless cum guzzler and I’m not. Run along, piggy and ply your insignificant lifestyle down in Orlando, where no doubt, you’d fit right in! LOL”

Loud Biker Comment: John Bostdorf 9/18/16: “This jerk needs to go fuck himself in the ass!”

Loud Biker Comment: Ross Edel 9/3/16: “Shut the fuck up. Loud pipes save lives. Go soundproof your house and stay in it. My bike will be loud no matter what the law says. And there no baffles in the pipes so go head and fuck them since y’all ain’t getting any pussy with your stock exhaust. Oh shit, your dick wouldn’t reach the baffle anyway, BITCH!!! Did that hurt your feelings as much as my pipes?”

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Section Two

1. What Else Truly Matters?

2. Society in General.

3. United States Congress.

4. United States Environmental Protection Agency.

5. Mom’s and Dad’s of America.

6. Discussion of Vehicular NOISE Problems in America.

Who Really Cares and Why?

Why the interest and push-back relevant to illegal motor vehicle noise; after all, who cares?  

(1) What else truly matters???

Though America’s Federal Government and its “watchdog,” the National Media, are myopically fixated on the Federal budget, Healthcare, Russian collusion, taxes, secure borders-immigration, terrorism, North Korea – Iran – Iraq – Syria – Afghanistan, jobs-jobs-jobs, the fact remains, if Dad and Mom/their children do not possess a place of respite – an atmosphere conducive to rejuvenation – a quality of life in which to raise their children, worship their God, enjoy their family in peace with at least a modicum of “domestic tranquility,” WHAT ELSE TRULY MATTERS?

(2) Society in general…

Those who deny the American family their civil liberties, the opportunity and the right to enjoy life, liberty and the pursuit of happiness “should” be subject to the coercive/restraining/disciplinary powers of Government whose first duty is “protection;” but to whom does the offended citizen turn for intercession when their Government is impotent, compromising and participatory in the very conduct that destroys our daily quality of life?

Every law abiding citizen, every American citizen who cares about the “rule of law” enacted specifically for our protection; every Mom and Dad who is concerned about the health of our Constitutional Republic – who cares about the health and welfare, the quality of life of our family, our neighbor’s family, our posterity; anyone who cares about common decency, respect, honor, dignity, equality under the law; anyone who cares about our Government’s responsibility to provide “protection,” should care about the exponential growth of illegal, abusive, intrusive, physiologically/psychologically dangerous, unregulated, motor vehicle noise.

Loud Biker Comment: Scott Hamill 16 July 2017: This post makes me want to drive by your houses at 2am revving my engine to 12k rpm!!

A most recent example…

Article: Muffler mania: Dover looks to crack down on excessively loud vehicles  http://delawarestatenews.net/news/muffler-mania-dover-looks-crack-excessively-loud-vehicles/

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(3) The United States Congress…

In addition, our Federal Government “should” care about unlawful motor vehicle noise seeing that they are the entity which warned, over a generation ago, of the negative physiological/psychological effects of unregulated environmental noise, specifically transportation noise, in a “Congressional Statement” associated with the Noise Control Act of 1972. It was Congress who advised the American citizen that unregulated environmental noise would require a “national uniformity of treatment.” It was Congress who delegated noise enforcement responsibility to the States and Local Government in the Noise Control Act of 1972 yet our Federal Government has provided zero enforcement oversight while law enforcement nonfeasance/non-enforcement has been pervasive for some four-decades. How much more applicable are those Congressional concerns today subsequent to the exponential growth of unregulated motor vehicle noise since the enactment of the 1972 Noise Control Act? Where is the care and concern from our Congressional Representatives relevant to pervasive, illegal, motor vehicle noise currently destroying the quality of life of many millions of American citizens on a daily basis? United States Congress, where are you?

42 U.S. Code § 4901 – Congressional findings and statement of policy – Noise Control Act – 1972

(4) The United States Environmental Protection Agency…

The United States Environmental Protection Agency (U.S. EPA) “should care” about motor vehicle noise seeing that they “were” so concerned in 1983 relevant to pervasive unregulated motorcycle noise that the Agency, via their Code of Federal Regulations, restricted “total” motorcycle noise emissions to 83 dB(A).  Between 1983 and 1986, the U.S. EPA was so “concerned” about motorcycle noise emissions that the Agency pursued a policy to lower “total” motorcycle noise emissions from 83 dB(A) to 78 dB(A), but the EPA received complaints from Suzuki Motors who argued the cost effectiveness of manufacturing a motorcycle to comply with the 78 dB(A) limitation; therefore, 80 dB(A) was stipulated as the maximum level of “total” motorcycle noise emissions for 1986-year model street production motorcycles forward. The “total” motorcycle noise emissions is calculated using the scientifically controlled full-throttle drive-by testing procedure known as the Society of Automotive Engineers (SAE) J331a.  Today, every street production motorcycle, beginning with the 1986-production year that is to be operated on the public roadways of the United States, is restricted to a “total” motorcycle noise emissions of 80 dB(A) (respectfully quiet). So then, why are there so many egregiously LOUD motorcycles on our public roadways? Why has this “regulatory agency” failed to “regulate” the criminal-conspiratorial marketing strategies of the aftermarket exhaust industry under the auspices of the Noise Control Act (1972) and Title IV of the Clean Air Act? U.S. EPA, where are you?

(5) Mom’s and Dad’s of America…

I guess the most pertinent question is, “Do you care?” Do you care about the rule of law and the quality of life of your neighbor and his children? Do you care about the quality of life of our posterity? Do you care about the health and welfare of the American citizen? Do you care enough to stand-up and speak-out against the vehicular noise bullies terrorizing our roadways and communities? Do you care enough to call and write your local, county, state and federal representatives and demand that the motor vehicle noise laws be enforced? The solution to abusive, pervasive, illegal, motor vehicle noise actually rests with you, the “concerned citizen,” but do you care? Mom and Dad, where are you?

(6) Discussion – Vehicular Noise Problems in America…

If you’re unfamiliar with the U.S. EPA’s requirements or the SAE J331a full-throttle drive-by testing procedure, please see my video: Loud Motorcycles? (Pt. 1) THE LAW: https://www.youtube.com/watch?v=ouBsdUq-2Iw&t=184s

The abusive, narcissistic, irresponsible, antisocial, purveyors of illegal motor vehicle noise care absolutely nothing for the health and welfare, the quality of life of the American family unit. These vehicular noise bullies seek only self-aggrandizement, attention and affirmation that is, for one reason or another, absent in their personal lives. The Loud Biker Cult[ure] is obsessed with the venerable Group Dynamic and it is their illegal motorcycle “NOISE” that provides the cohesiveness of the “biker brotherhood.” It is that defiant, illegal NOISE that is their icon, their little god; it is the illegal NOISE that eradicates the divisiveness of social positioning and forms the “bond” of the “biker cult[ure].”  Attacking their illegal motorcycle NOISE is tantamount to attacking the Loud Biker’s very existence and is countered with incredible vitriolic hate, obscenity, vulgarity and threats of retaliation – for an example, see: Loud Biker Comments: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Is it any wonder why the American public is intimidated by the Loud Biker facade of machismo and is it any wonder why so few citizens, especially America’s “men,” stand-up and demand that our elected officials and law enforcement community STOP this bully, narcissistic, illegal behavior that destroys the quality of life of America’s most innocent?

It would be more fitting to pity them than prosecute them if these societal bullies were not so arrogant and “in your face” with their illegal behavior; therefore, let’s discuss the “Nationwide Plague” of unregulated motor vehicle noise that has become one of the most pervasive destroyers of good quality of life standards for many millions of American citizens on a daily basis…seven-days-a-week, three-hundred-and-sixty-five-days-a-year, twenty-four-hours-a-day – – – especially so for those citizens living and working in America’s congested urban areas.

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Section Three

Where the Rubber Meets the Road – Causation

The following subsections (1-5) will explain “causation” and “culpability” relevant to why 60% to 80%+ of the motorcycles traversing America’s public roadways are illegally equipped, illegally LOUD. A number of these causative factors are also relevant to why America’s roadways are inundated with illegally equipped, illegally LOUD automobiles and trucks.

1. The Police – Where are You?

2. U.S. EPA – Failure to Regulate Motorcycle Aftermarket Exhaust Manufacturers.

3. Mayoral – Police Chief Prostitution with the Loud Biker Cult[ure] at Motorcycle Rallies.

4. Government’s Failure to Protect.

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(1) The Police – Where are You?

One example before we continue…

A recent comprehensive study of all traffic related citations issued in the State of Massachusetts between 2010 through 2015 highlights law enforcement’s disinterest in motor vehicle noise enforcement; specifically, motorcycle noise enforcement. The following comparison between the number of citations issued for “motorcycle noise” and citations issued for a missing or invalid  “motor vehicle inspection sticker” exemplifies the disparity in enforcement priorities throughout the entire spectrum of motor vehicle violations quantified in the report.

                           2010         2011         2012         2013         2014         2015

M/C NOISE           5               8               4                3               11              6

INSP. STICKER 73,919   74,890      76,896      64,114       69,215      60,378

Why is America’s law enforcement community neglecting the enforcement of motor vehicle noise, the most pervasive environmental factor responsible for the destruction of good daily quality of life standards?  Is it ignorance, apathy, compromise, money, political expediency?  Let’s discuss that…

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The Loud Motorcycle Cult[ure], Loud Auto and Truck Cult[ure], have become a rebellious group of “domestic terrorists” plaguing the roadways and communities of America while our law enforcement community is too apathetic, too unconcerned, too ignorant of the law and too participatory in the illegal conduct of operating an illegally equipped, illegally LOUD motor vehicle on our public roadways to police these NOISE bullies and provide protection for our most innocent – an unacceptable scenario that has continued for over three-decades.

Subsequent to 31-years of service as a police officer, I am unable to locate another violation of the criminal law that a sworn law enforcement officer can openly violate and not receive a suspension pending termination.  Police officers and their supervisors, men and women who took an oath to protect and serve the citizens in their jurisdiction, who took an oath to uphold the Constitution of the United States and promised to keep themselves unsullied by the World…to be pillars of morality and ethics – societies finest…yet these police officers opt to violate the rule of law enacted specifically for the protection of the American citizen – these sworn officers equip their personal motor vehicles (a number of police motorcycle officers around the United States do the same) with an illegal NOT FOR ROAD USE aftermarket exhaust mechanism and proceed out onto America’s public roadways and audibly assault every citizen in their wake with noise emissions in multiples (logarithmic scale) (calculator) of what the U.S. EPA has deemed as the “minimum” level of protection for the general public; ironically, these are the very same citizens the offending “peace officers” took an oath to protect.

How is it that our sworn law enforcement community in the United States can violate the Federal and State muffler laws with impunity and there is no accountability? “Bullies with Badges,” far too many who dress, talk and act like biker-gang members; men and women of law enforcement relied upon to protect societies most innocent yet, with volition, mock their oath of office and defile the once honorable profession of Law Enforcement!

With that pathetic scenario in mind, is it any wonder why an entire generation of American citizens, having been so thoroughly inundated with illegal motor vehicle noise for decades, naively believe motorcycles are manufactured to be LOUD; after all, law enforcement does nothing to counter that false perception?

Consider this…

It’s doubtful that officers are going to enforce a law that their fellow officers violate with impunity. For example, when an officer exits roll call and sees a number of illegally LOUD motorcycles owned by other police officers parked at the door and his patrol supervisor operating an automobile modified for racing…does anyone think that officer (or any officer at that station) is going to issue citations or initiate a traffic stop for vehicular NOISE?

LAW ENFORCEMENT CODE OF ETHICS

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality and justice.

I WILL keep my private life unsullied as an example to all, and will conduct myself in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I WILL never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

I KNOW that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

I WILL constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession…LAW ENFORCEMENT.

Beware: Obfuscation Abounds

The Police are Too Busy…

I often hear the response from individuals who are involved in the illegal conduct of operating an unlawfully loud motor vehicle on our public roadways – “There are bigger things to worry about – the police are too busy with ‘real’ crime to concern themselves with motor vehicle noise.”

A question to preface our discussion: The suspects involved in those “real crimes” mentioned in the preceding question – do they operate an automobile, truck or ride a motorcycle on our public roadways?

I can say with confidence that an overwhelming number of criminals do operate a motor vehicle on our public roadways and it’s amazing how many of these suspects operate motor vehicles in a state of disrepair or vehicles that have been illegally modified…they are literally waving a red flag to our police to be stopped and investigated…yet an overwhelming number of our law enforcement officers disregard traffic investigations in lieu of Starbucks or Denny’s. Unfortunately, far too many of our law enforcement agencies have been so thoroughly castrated by Political Correctness and liability concerns that proactive policing e.g. routine traffic enforcement, is frowned upon – the prevailing law enforcement ideology today: “Just run your calls-for-service, write your reports, do NOTHING proactive, keep the citizenry happy – be visible, report to the station on time, turn in your equipment and go home…also – keep your mouth shut – see no evil, hear no evil, do no evil; after all, (like one old policeman said) ‘Ain’t nobody ever got run-off for doing nothing.'”

Is it not obvious that regular, consistent, enforcement of the motor vehicle laws will ultimately result in the arrest and incarceration of more felonious criminals than any other single law enforcement activity? I can testify to the fact that traffic enforcement, specifically illegal motor vehicle “noise enforcement,” garners tremendous success in the apprehension of “wanted” suspects roaming our roadways with outstanding criminal warrants.

Subsequent to 31-years as a police officer in the fourth-largest Municipality in the United States, let me assure you that our police, the typical beat officer, is NOT TOO BUSY to protect societies most innocent from motor vehicle noise thuggery! If five officers in a section of one municipality wrote one citation a day several days a week and every major municipality, including the state police, were faithful to enforce the muffler laws at this rate on a consistent basis; truth be told, the LOUD Biker, LOUD Auto, LOUD Truck Cult[ure] could be brought under control in less than one-year…not to mention the revenue generated by fines/court fees for the municipal or state coffer.

During my enforcement years, I found no difficulty in citing, incarcerating (for outstanding warrants) LOUD motor vehicle operators yet I maintained a high ratio of calls-for-service run, reports written, high arrest rate statistics with sufficient time available to perform follow-up investigations, procure to-be arrest warrants and pursue suspects for an a sundry of criminal activity. “The police are too busy” “excuse” is simply obfuscation or more accurately, an outright lie!

Fantastic probable cause…

As mentioned in the previous section, illegal motor vehicle noise has proven itself to be incredible “probable cause” for law enforcement…why?  I discovered the fact that the personality-type which will modify a motor vehicle to make illegal, intrusive, dangerous, noise levels – then – with volition, proceed out onto a public roadway and use that illegal noise to destroy the quality of life of children, the elderly, our handicapped, our families – and – do so void any semblance of regret or remorse, is far too often the very same personality-type that will offend in other areas of the law; therefore, any officer that proactively enforces motor vehicle noise should see a dramatic rise in their warrant arrest statistics.

Illegal vehicle noise is also fantastic probable cause for “Gang-task force” officers and those looking to stop Biker Gang related activities in their area of responsibility. Also, vehicular noise as probable cause is relevant to gang activity in general considering the gang-banger mentality that is enamored with the illegally modified, incredibly LOUD diminutive sports cars equipped with coffee-can/fart-can exhausts polluting the roadways of our municipalities.

An overwhelming number of biker gang members are riding illegally loud in direct violation of well-established Federal and State muffler laws; therefore, Constitutionally valid probable cause exists using violations of the muffler laws to STOP BIKER GANG ACTIVITY IN ITS TRACKS.  Stopping Biker Gang thugs for their illegal noise, performing criminal history checks, chronicling their personal information in Biker Gang data-banks, will make a significant impact in terminating gang related crime in a municipality; unfortunately, our law enforcement community has opted to sip their Starbucks while the citizenry suffers.

The Law’s Too Subjective… (Enforcement Protocol Explained)

Nonsense!  I battled the Motorcycle Rights Organizations, Supervision and a City Legal Department over the nonsense of “vehicle noise laws are too subjective.” Implementing a form of “Noise Comparison Analysis (NCA),” I maintained a 99.8% conviction-rate for all motor vehicle noise citations brought before me for adjudication; not surprisingly, this adjudicatory success resulted in incredible push-back from the “entitled” Loud Biker Cult[ure] and their enablers, the Motorcycle Rights Organizations.

As an older officer who had been trained to be a proactive “policeman” in 1979-1980 (a different time/a different World), I was embarrassed and ashamed of my Police Administration and City Hall as they ran scared and cowed like a little puppy with its tail tucked between its legs when confronted by the Motorcycle Rights Organizations and the Loud Biker Cult[ure] in response to my vehicular noise enforcement initiative in Houston…I stood alone (except for the faithfulness of my Lord) and I stood amazed. Police Administrators and elected officials, men and women with authority and responsibility for the protection of the Houston citizenry…cowering to a group of narcissistic thugs…a sight to behold – indeed; this, while supervision and my fellow officers, those who compromised their integrity and violated their oath of office by riding and driving illegally LOUD, undermined my efforts to intercede on behalf of the vehicular noise beleaguered citizen!

The integrity and simplicity of the law…

Forty-six State muffler laws contain statutory elements that mirror the protective intent of the Federal Motor Vehicle Muffler Laws as per the Code of Federal Regulations.  It is the Federal Law that provides law enforcement with an “objective standard” for Constitutionally valid vehicular noise enforcement protocol.  It is the U.S. EPA approved, quiet, labeled, factory-installed muffler that is the “objective standard” for Noise Comparison Analysis (NCA).

Forty-six of the State muffler laws contain the statutory elements of “prevent excessive or unusual noise” or require the “factory-installed muffler” or “original equipment.”  Three States have encumbered themselves with useless, redundant, sound-meter legislation and one State, Vermont, has no acoustical limitations for on-road use motor vehicles.

I have published an article relevant to motorcycle noise enforcement protocol, but understand that the “objective standard” when evaluating noise emissions from a motorcycle is the OEM, labeled, factory-installed muffler. There is absolutely no need for law enforcement to encumber itself with problematic, adjudicatory defeating, sound-meter legislation because the U.S. EPA approved, factory-installed motorcycle muffler has already been thoroughly tested via the SAE J331a Full-throttle drive-by testing procedure as per the Code of Federal Regulations for street-use motorcycles.

The Loud Biker Cult[ure] will cry, moan and threaten when cited for violations of a muffler statute containing the elements “prevent excessive or unusual noise.”  Motorcycle Rights Organizations shout that this “universal statute” is too subjective, too broad and is therefore Constitutionally “void for vagueness.”

1. First of all, valid legal precedent exists establishing a law enforcement officers authority to determine what is “excessive or unusual noise” emanating from a motor vehicle and provides law enforcement with the authority to stop a motor vehicle and conduct an investigation based solely on the officer’s “subjective” analysis that said motor vehicle was violating the muffler statute containing the elements “excessive or unusual noise.”  Please see: Aaron C. Aguliar v. The State of Texas (2008) http://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html
2. Second, a relevant question would be, “What is “excessive or unusual noise” emanating from a motorcycle’s exhaust mechanism?”  Answer: Any sound greater than that which is emitted by the U.S. EPA approved, factory-installed muffler mechanism. (Noise Comparison Analysis)

Explanation: As discussed earlier, every street-production motorcycle to be operated on the public roadways of the United States, beginning with the 1986-year model, is restricted to a “total” motorcycle noise emissions of 80 dB(A). During the SAE J331a full-throttle drive-by testing procedure used to verify that 80 dB(A) limitation, every moving part on the test motorcycle is evaluated for “total” combined noise emissions at 49.2 feet on each side of the motorcycle as said motorcycle is accelerated to maximum brake horsepower within a scientifically controlled testing environment.  In order to successfully pass the SAE J331a full-throttle testing procedure and receive certification for street usage, the “total” motorcycle noise emissions (not just the exhaust emissions level) must not exceed a total of 80 dB(A).  In other words, the muffler mechanism on that motorcycle must suppress engine exhaust noise levels to a point that does not contribute to an excess of “total” combined motorcycle noise emissions over 80 dB(A)…safe and respectfully quiet!

Why does the U.S. EPA restrict “total” motorcycle noise emissions and medium-to-heavy duty truck noise emissions to 80 dB(A)?  Answer: For the protection of the health and welfare of the general public and it is the SAE J331a testing procedure that provides a more “real world” analysis of the effects of motorcycle noise on human physiology; therefore, our question is…”What is ‘excessive or unusual noise’ emanating from a motorcycle’s exhaust mechanism?” Answer: Any sound greater than that which is emitted by the U.S. EPA approved factory-installed muffler that is properly labeled and designated for use on America’s public roadways; after all, if 80 dB(A) is the minimum level of protection for the general public, does it not stand to reason that sound levels in excess of the factory-installed muffler are indeed “excessive or unusual noise?”

***VERSES***

In a law enforcement scenario, distinguishing or differentiating between noise emission sound levels of a quiet, legal, U.S. EPA approved, factory-installed muffler and a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE aftermarket exhaust emitting noise levels in multiples (logarithmic scale) (calculator) compared to the quiet factory-installed muffler is extremely easy and eliminates the need for costly, adjudicatory defeating, problematic, sound meter legislation. This technique, “Noise Comparison Analysis” (NCA), is easily implemented by the beat patrol officer, is basically “cost-less” to law enforcement and requires a minimum of training/familiarization for enforcement personnel…a win-win for law enforcement and the vehicular noise beleaguered American citizen when the local judiciary is apprised of the enforcement technique/protocol and said judiciary subsequently approves the enforcement strategy for implementation/adjudication.

Need more information relevant to the law and motorcycle noise enforcement protocol? See…

Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.com/2016/09/12/motorcycle-noise-enforcement-101/

A Few Bikes – A Few Memories along the way… (A commercial break)

The point is…it is possible to ride legally, to ride quietly and yet thoroughly enjoy motorcycling while “respecting” your fellowman, his family, their quality of life as well as their health and welfare.

 

Law Enforcement’s Failure to Protect…no excuses…

Our Law Enforcement Community, State and Local, have absolutely no excuse for their nonfeasance/non-enforcement of the Constitutionally valid motor vehicle muffler laws in the United States of America; after all, it is the responsibility of law enforcement to ensure those quiet, legal, production motorcycles maintain their U.S. EPA approved, factory-installed muffler subsequent to retail…law enforcement has failed the American vehicular noise beleaguered citizen miserably! With that said, how can our law enforcement community enforce a law that far too many police officers violate themselves thus making any enforcement initiative hypocritical and subject to investigation? Why does an “honorable” and respectable law enforcement officer desire to mock his/her oath of office and compromise their personal and professional integrity by riding, dressing and acting like a biker gang thug? Better yet, why do police administrators and supervisors permit their sworn personnel to engage in such activities?

“Colors” of Law Enforcement Biker Associations-Organizations-Gangs – a compromise in ethics and symbolic of hypocrisy and a stark conflict of interest – why would any honorable man or woman serving in law enforcement even remotely seek to identify with Biker Gang Thuggery?

Noise Free America has recently published a “Guide to Modified Exhaust Systems: A Reference for Law Enforcement Officers and Motor Vehicle Inspectors” available at: https://www.motorcyclenoise.org/

For more information, please see my enforcement article: Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

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(2) U.S. Environmental Protection Agency

Compounding the problem of law enforcement nonfeasance is the misfeasance/malfeasance of the United States Environmental Protection Agency as this “regulatory entity” has completely neglected to “regulate” the criminal-conspiratorial marketing tactics of the motorcycle aftermarket exhaust industry where NOT FOR ROAD USE – COMPETITION ONLY – CLOSED COURSE aftermarket exhausts are openly and brazenly distributed to street motorcycle retailers and the individual consumer for use on our pubic roadways thus expressing absolutely no fear of regulatory intervention…and the people suffer. An undeniable criminal conspiracy exists between…

1. The manufacturers of NOT FOR ROAD USE aftermarket exhausts subtly labeled as competition exhausts but marketed for street-use motorcycles.
2. The distributors of NOT FOR ROAD USE exhausts.
3. The retailers of NOT FOR ROAD USE exhausts.
4. The installers of NOT FOR ROAD USE exhausts.
5. The operators of NOT FOR ROAD USE exhausts.

Though the following article by Dealers News suggests the Aftermarket Exhaust Distribution in the United States is a “gray area;” actually, the problem is “black and white” and nothing less than a “criminal conspiracy” requiring U.S. EPA intervention.  See:

The following URL provides information relevant to the illegal marketing tactics of the motorcycle aftermarket exhaust industry; unfortunately, the URL is often times changed or manipulated apparently to prevent it from remaining secured as a linked article; therefore, you may be required to search the article’s title: “Shades of Gray, Selling and installing aftermarket exhausts and the legal liabilities for dealers“, https://www.dealernews.com/shades-of-gray-selling-and-installing-aftermarket-exhausts-and-the-legal-liabilities-for-dealers/

This pervasive, Nationwide aftermarket exhaust conspiracy usurping the protective intent of well-established motor vehicle muffler laws requires a “National Uniformity of Treatment” that ONLY the U.S. EPA can provide, yet the Agency is fixated on the Clean Air Act and the Climate Change controversy while chanting the lie that funding prevents regulatory intervention for the vehicular noise beleaguered American citizen.  Why is the U.S. EPA, a regulatory agency, failing to take action and protect the vehicular noise beleaguered citizenry under the auspices of the 1972 Noise Control Act as well as Title IV of the Clean Air Act?

U.S. EPA v. Harley Davidson Motor Company (2016)

Question…  So you say that the EPA’s done nothing to regulate the aftermarket motorcycle exhaust industry, but I heard that the U.S. EPA sued Harley Davidson for $15-million dollars recently.  What’s that all about?

True, the EPA v. Harley Davidson (2016) lawsuit was filed under the auspices of the “Clean Air Act” and alleged/charged Harley Davidson for retailing and installing their Screaming Eagle Super Tuner devices on motorcycles resulting in particulates emissions violations.  What is so very frustrating about this particular lawsuit is the fact that the U.S. EPA based their “cause of action” on violations of the Clean Air Act when, if the truth were to be published, it was the Noise Control Act and relevant violations of the Code of Federal Regulations that also under-girded the “cause of action.”  (Though Title IV of the Clean Air Act is relevant to “noise,” I find no mention of this in the “cause of action.”)

TITLE 40—Protection of Environment

CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

SUBCHAPTER G—NOISE ABATEMENT PROGRAMS

PART 205—TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS

Subpart D and E (Motorcycles)

Those Screaming Eagle Super Tuners were necessary because the owners of a Harley Davidson product opted to remove their U.S. EPA approved/required factory-installed muffler.  These selfish, narcissistic noise bullies opted to remove that quiet muffler not for “performance” reasons, but for NOISE!  Let’s be honest here – no one in their right mind purchases an antiquated Harley product for its “performance” capabilities – Harley purchases are all about nostalgia, narcissism, modeling, the Group Dynamic and ultimately “sound” – or better…NOISE!

The production motorcycle is manufactured to function optimally with the back-pressure and tuning with the factory-installed muffler affixed to said motorcycle, but when that muffler is removed and replaced with an enhanced “free-flowing” illegally LOUD aftermarket exhaust and/or the intake is enhanced via Screaming Eagle “performance” parts, the “Super Tuner” is required in order to make the necessary adjustments to the fuel control system (re-map the fuel injection system) in order for the motorcycle to run efficiently; otherwise, the NOT FOR ROAD USE “LOUD” aftermarket exhaust mechanism causes the motorcycle to run too lean or too rich, sputter-backfire-stall-run erratically in different gear selections.

So actually, the foundation or basis for the EPA v. Harley lawsuit “cause of action” could also be attributable to the Noise Control Act (1972)/Code of Federal Regulations as well as the Clean Air Act yet there was not a single mention of this fact in the lawsuit; thus, the U.S. EPA remains fixated on the Clean Air Act and refuses to acknowledge the Agency’s responsibility/jurisdiction relevant to protection of the vehicular NOISE beleaguered citizen. Don’t get me wrong, I’ll take a victory against LOUD Biker Thuggery where and when I can get it, but it would have been helpful if the U.S. EPA had acknowledged the actual impetus for the “cause of action.” This lawsuit confirms the ability of the U.S. EPA to easily regulate the motorcycle aftermarket industry and the “excuse” that funding prevents regulatory intervention is simply obfuscation. For more information on the U.S. EPA v. Harley civil suit, please see my article,

EPA Sues Harley for $15-Million – Better Yet, The Aftermarket Scam is Out of the Bag:

https://rickeyholtsclaw.wordpress.com/2016/08/20/epa-sues-harley-for-15-million-better-yet-the-aftermarket-scam-is-out-of-the-bag/

It is false narratives, ignorance of the relevant Federal and State laws, deceit, apathy and greed promulgate by lies/obfuscation that feeds and perpetuates the unacceptable status-quo of the rebellious, irresponsible, selfish, Loud Biker Cult[ure] who have assumed a position of “We’re above the law,” a position of “entitlement” where the “rule of law” is ignored and our Constitutional Republic, based on that rule of law, is mocked.

Verses

Loud Biker Comment: Brian LaForte: I ran shotguns the moment I got my new Harley. Off with the stock pipes and fuck the neighbors. Loud pipes do save lives. The deer sure didn’t like them.

Loud Biker Comment: Robert Eyre 2/8/17: “TBH i like the fact women’s ears bleed and OAP’s piss them selves when i ride past…. make’s riding a lot more interesting don’t you think?”

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(3) Mayoral Prostitution & the Loud Biker Cult[ure] – MOTORCYCLE  RALLIES

Furthermore, America’s illegal vehicular NOISE problems are exacerbated by Governors and Attorneys General who place more emphasis on tourism dollars than protection of their citizenry while local elected officials i.e. “Mayors” prostitute themselves with the Loud Biker Cult[ure] during motorcycle rallies.

Please, allow me to clarify this one point before we continue…

Subsequent to my employment as a Municipal Police Officer for 31.4-years with the City of Houston, Texas, I fully understand the challenges facing City Administrators as they strive to make financial “ends-meet” in the black relevant to budgetary concerns.  I fully support Mayors and Police Chiefs who desire to involve their Municipality in proprietary/non-governmental activities such as fund raisers i.e. motorcycle rallies that lavish the municipal coffer with much needed tax revenue…I get it!  With that said, the Mayor and his/her respective Police Chief are not endowed with the authority to usurp the protective intent of the rule of law in the interest of profit and/or political expediency. The rule of law, Federal, State or a Municipal Ordnance, enacted specifically for the protection of the American citizen. This is key – please understand that there is absolutely NOTHING that transpires at an unlawfully LOUD motorcycle rally that could not transpire with the motorcyclists in attendance atop a motorcycle equipped with the legal, U.S. EPA approved, OEM, factory-installed, respectfully quiet, muffler mechanism affixed to said motorcycle – absolutely NOTHING!

Mayoral Prostitution?

Mayors knowingly and with intent invite many thousands of motorcyclists from around the United States into their respective jurisdictions for motorcycle rallies knowing, via experiential knowledge, that some 80%-to-90% of the motorcycles in attendance will be illegally LOUD, illegally equipped with NOT FOR ROAD USE aftermarket exhausts.  These Mayors, motivated by political expediency and greed for the city coffer, opt to ignore the protective intent of well-established Federal and State muffler laws – laws enacted specifically for the “protection of the citizenry” within their jurisdiction – while these elected officials provide police protection and services for the law breakers i.e. the Loud Biker Cult[ure] and permit these narcissistic bullies to roam their municipalities unencumbered for days while the tax-paying citizenry suffers.

It is this misfeasance, malfeasance, unequal application of the law, by America’s elected officials that infuses a perverted sense of “legitimacy” into the operation of an illegally LOUD motor vehicle on our public roadways while simultaneously creating a “conflict of interest” (enforcement hypocrisy) negating the enforcement of the muffler laws enacted specifically for the “protection” of the American citizen.

1. How is it possible, void allegations of hypocrisy and possible civil action, for a law enforcement entity to enforce a law when the intent of said law has been made of no effect as a result of compromise, greed, graft by those elected officials tasked with providing protection for the American citizen? 
2. Why does the United States Department of Justice, responsible for law enforcement ethics oversight, permit this unequal application of the law to continue while the American vehicular noise beleaguered citizenry suffers?
3. Does America’s Constitutional Republic permit greed for the coffer to usurp the protective intent of well-established laws?

The following video was recorded by my Wife on her cellphone while I recorded evidence on another camera for a civil suit; in fact, you can hear me counting the “legally equipped” motorcycles in the background. The cellphone audio is inadequate to accurately portray the incredible volume of motorcycle noise at the rally, but I will share it for the purposes of our discussion. To observe “police protection” for the illegal, Loud Biker Cult[ure] during a typical motorcycle rally (2016 Steel Horse Rally), please tab here…

But…the State law in Arkansas requires the “factory-installed muffler” so why are 90% of the motorcycles in that video illegally equipped with a NOT FOR ROAD USE exhaust?

The Mayor enters into a conspiratorial relationship with their respective Police Chief and agreements are made to not enforce the motor vehicle muffler laws thereby ensuring increased attendance numbers in conjunction with an increased profit margin from the fund raising proprietary/non-governmental function…and again…the citizenry in that municipality suffer as does the citizenry along the routes providing ingress and egress to and from the motorcycle rally event.

Well then, what about those municipalities that issue “noise permits” for the motorcycle rally event?  Good question…

Municipalities might very well attempt to defer or negate culpability for violating the rule of law and the civil rights of their citizenry during LOUD motorcycle rallies via the issuance of a “noise permit.”  I personally investigated this scenario in Fort Smith, Arkansas relevant to their Steel Horse Motorcycle Rally in 2015; therefore, let’s use that particular motorcycle NOISE debacle as an example.

The City of Fort Smith issued a “Special Event Permit” #A15-1514 to the Coordinator of the Steel Horse Rally (Mr. Dennis Snow Little) which said permit stipulated a waiver of the noise laws from 8am to 12am on a Friday and Saturday relevant to the scheduled event.  The permit stipulated that Garrison Avenue between certain named streets would be exempt from noise regulations between those specified hours…though I believe the permit was relevant to vendors and entertainment, not motorcycle noise.

So then, what’s the problem?

In order for the Loud Biker Cult[ure] attending the Steel Horse Motorcycle Rally atop their illegally LOUD/illegally equipped motorcycles to be in compliance with the Fort Smith “sound permit,” the illegally equipped motorcycles must be placed on a trailer and towed into Fort Smith, Arkansas – then – operated ONLY between the hours of 8am and midnight on the specified Friday and Saturday and ONLY on Garrison Avenue and the adjacent streets identified within the sound permit.

Fact is, that is NOT the scenario relevant to Fort Smith or any other municipality that attempts to defer or negate culpability for violating motor vehicle noise laws while celebrating and glorifying loud biker thuggery!  Every municipality, the citizenry in those municipalities, providing ingress and egress along the routes to these unlawfully LOUD motorcycle rallies, ultimately suffer and in addition, once the Loud Biker Cult[ure] arrives at the host City, they are free to roam the roadways, day and night, for days on end – and – the people, the constituency who placed the offending Mayor in that position of authority, they suffer along with their fellow citizenry! Others, choose to pack their bags and their family and leave town for the week or weekend to escape the pervasive illegal NOISE thuggery.

Prior to recording the video above, I asked a Fort Smith Officer (in jest) if he was issuing citations for the pervasive, incredibly loud motorcycle noise…his response? “NOT Me!”

Mayoral & Police Chief Prostitution Defined

2010 Arkansas Code
Title 27 – Transportation
Subtitle 3 – Motor Vehicles And Their Equipment
Chapter 37 – Equipment Regulations
Subchapter 6 – Mufflers
§ 27-37-601 – Noise or smoke producing devices prohibited.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

Remember this…

Following, is just “one” example of Mayoral prostitution with the Loud Biker Cult[ure] at Motorcycle Rallies in the State of Arkansas, but remember this – the same illegal, unconstitutional, scenario transpires in municipalities around the United States which equate to a blatant, unequal application of the law where the citizenry suffers while Loud Biker Thuggery is protected, glorified and idolized for profit! In addition, it is scenarios such as this that provides a perverted sense of legitimacy to the unlawful behavior of operating an illegally equipped motor vehicle on our public roadways where, again, the citizenry suffer!

The “Bikes, Blues, BBQ Motorcycle Rally” in Fayetteville, AR has been active for some 17-years and my visit to this Rally in 2016 confirmed that approximately 90% of the motorcycles present were illegally equipped with NOT FOR ROAD USE exhaust mechanisms emitting four-to-eight-times+ the legal 80 dB(A) “total” motorcycle noise emissions as restricted by the US EPA – that 80 dB(A) is the “minimum” level of protection for the American citizen. (Remember – dB differentials are measured using a logarithmic scale – NOT linear)

A sneak-peek for clarification…BBB Rally (2016): https://www.youtube.com/watch?v=gAYQ0dfJnVE

Note that Arkansas’ Motor Vehicle Code, 27-37-601 (a) requires the “factory-installed muffler” and part (b) of that statute forbids the sale/retail of a muffler in Arkansas that does not conform to the specifications of the factory-installed muffler – but – a Freedom of Information Request (Act) (FOIA) for a six-month period surrounding the “three largest motorcycle rallies” in Arkansas verified the following statistics for the below named police agencies…remember, during this six-month evaluation, the State of Arkansas was flooded with tens-of-thousands of illegally LOUD motorcycles in addition to the incredible number of unlawfully loud vehicles, motorcycles-automobiles-trucks, that pollute the roadways of Arkansas on a daily basis, 365-days a year.

I submitted a six-month Freedom of Information Request to the following law enforcement agencies for all citations issued for violations of Arkansas 27-37-601 (or any applicable Municipal Noise Ordinance) – the six-month period of time surrounding the three major motorcycle rallies in that State.  Also, the FOIA request sought statistical information relevant to “investigations” performed on facilities retailing vehicles and/or muffler installation facilities retailing mufflers that do not conform to subsection (b) of 27-37-601.

Enforcement Summation/Six-month Evaluation (FOIA)

City of Fayetteville, Arkansas (BBB Motorcycle Rally)

• Citations: 0
• Investigations: 0

City of Ft. Smith, AR (Steel Horse Rally)

• Citations: 0
• Investigations: 0

City of Hot Springs, AR (Hot Springs Rally)

• Citations: 0
• Investigations: 0

City of Van Buren, AR (Immediately adjacent to Ft. Smith)

• Citations: 1  Note: The Suspect that was stopped and cited for an illegally LOUD exhaust on his motorcycle in Van Buren was also operating that motor vehicle with a suspended drivers license – as noted in this article under section “The Police – Where are you?” – motor vehicle noise enforcement is fantastic “probable cause” and should result in increased warrant and warrant related arrests if law enforcement would simply enforce the muffler laws in the United States!  Only one (1) documented traffic stop for illegal vehicular NOISE relevant to this entire FOIA investigation and that one traffic stop led to the apprehension of a suspect who was “Driving While License Suspended.”
• Investigations: 0

Arkansas State Highway Police

• Citations: 0
• Investigations: 0

Arkansas Highway Patrol

• Citations: *38
• Investigations: 0

*The Arkansas Highway Patrol’s Public Information Officer (PIO) “said” they had issued 38-citations across the State of Arkansas during the six-month evaluation period, but the State Agency could not differentiate between citations issued for “smoke” and/or “noise” seeing that AR 27-37-601 is applicable to both violations.  Also, Arkansas’ State Police could NOT present proof of the citations issued. The PIO advised me that I would have to inquire of the various courts around the State in order to retrieve the particulars on the citations issued.

Also, I found myself in a heated discussion with the State Police regarding “jurisdiction” and investigations relevant to muffler retail and vehicle retail facilities in violation of subsection (b) of Arkansas 27-37-601.  Arkansas’ State Police PIO advised that such investigations were not the responsibility of the State Police, but that Municipal Law Enforcement was responsible for policing their individual Municipalities. I wholeheartedly disagreed with the State Police’ positioning. It is my position that the retail statute, subsection (b), is a State Law that encompasses numerous retail facilities around the State of Arkansas; therefore, at a minimum, the State Police are responsible for coordination of investigations that require a statewide uniformity of treatment and control…no response from the State Police to that particular point of view.

Simply more evidence of the unacceptable status-quo of continual denial of jurisdictional responsibility from the State Police, Attorney General Leslie Rutledge, Arkansas’ Department of Environmental Quality – and the citizenry suffer.  Considering the pervasive nature of illegal motor vehicle noise, this unacceptable scenario from our law enforcement and environmental control community is obviously a Nationwide problem – does anyone care?

Hypocrisy, misfeasance or malfeasance by a Police Chief? …… (You decide)

At this point, I would like you to take a moment and read the attached letter from Fayetteville’s Chief of Police regarding the #1 complaint from the citizens of Fayetteville, Arkansas during the Bikes, Blues and BBQ Motorcycle Rally.  Though I’ve highlighted the Mayoral Prostitution with the Loud Biker Cult[ure] at these illegal motorcycle rallies, Police Chief Prostitution is also undeniable…for an explanation, simply read the letter and then note the enforcement statistics above for Fayetteville PD. Does Fayetteville’s Police Chief or its Mayor care about the health and welfare, the quality of life of Fayetteville’s citizenry or are they more concerned about the revenue generated by the illegally LOUD motorcycle rally?  See: http://www.bikesbluesandbbq.org/wp-content/uploads/2012/08/Chiefs-BBQ-letter.pdf

Greed, a conflict of interest, misfeasance/malfeasance ultimately equates to no enforcement/no protection!

How is it possible for a municipality or a State enforcement entity to proactively enforce muffler laws when our Mayors and Police Chiefs are prostituting themselves with tens-of-thousands of illegally LOUD motorcyclists at these motorcycle “fund raisers” e.g. motorcycle rallies across the United States?  If the Loud Biker Cult[ure] is permitted to disobey the protective intent of the well-established muffler laws during motorcycle rallies for “profit,” then these same LOUD bikers are subject to fines and possible incarceration for disobeying the muffler laws apart from the rally events – would this not become a libelous scenario, a conflict of interest, hypocrisy, for every municipality and city official that prostitutes/compromises themselves and their office with the Loud Biker Cult[ure] by hosting unregulated, illegally LOUD motorcycle rallies?

As discussed in a previous section in this article, “The Police – Where are You?,” the municipality and its officials, like the police who ride and drive illegally LOUD vehicles off-duty and on-duty, these “officials of the law” who compromise themselves with the Loud Biker Cult[ure] cannot enforce the applicable muffler laws as a result of hypocrisy possibly culminating in civil action. Laws and policies requiring our law enforcement and elected officials to obey the rule of law, to fulfill their duties with integrity void ethical compromise, are established for a very significant reason – to ensure an enforcement and adjudicatory environment permitting said official the ability to uphold and defend the United States Constitution and to carry out the first duty of government i.e. protection of the American citizen void hypocrisy i.e. a conflict of interest.

1. At what point in America’s history did profit for the municipal or State coffer trump the responsibility of the State to provide “protection” for the citizenry via a fair and equal application of the rule of law?
2. At what point in America’s history did the money or wealth of an organization or special interest group elevate said organization to a positioning tantamount to one that is “above the law?”  Is the integrity and protective intent of America’s “rule of law” for sale?
3. At what point in America’s history – a history that is based on a Constitutional Republic – a Constitutional Republic that is based on “the rule of law” – at what point did “quid pro quo” differentiate a duty/responsibility to adhere to the rule of law enacted specifically for the protection of the American citizen?

The United States Department of Justice and the individual States Attorneys General ignore this unequal application of the law while the American citizen’s civil liberties and civil rights are violated with impunity by the narcissistic Loud Biker Cult[ure].  Fact is, there is absolutely nothing that transpires at an unlawfully LOUD motorcycle rally that could not transpire with the attendees atop a motorcycle with the quiet, legal, U.S. EPA approved, factory-installed muffler affixed to said motorcycle – absolutely nothing!

This unethical conduct by our Nation’s mayors and police chiefs infuses an illegitimate legitimacy into the illegal conduct of operating an illegally equipped, illegally LOUD motorcycle, automobile or truck on our public roadways while the Loud Biker Cult[ure] internalizes the misfeasance of our elected officials as “approval” of their illegal, narcissistic behavior; ultimately, this collusion, compromise, illegality, nonfeasance, misfeasance, malfeasance, undermines and prevents enforcement of well-established motor vehicle muffler laws enacted specifically for the protection of the American citizen.

Related videos:

Evidence of Arkansas Vehicular Noise Conspiracy: https://www.youtube.com/watch?v=XZ–8v2S784

Loud Motorcycles? (Pt. 4) – Biker Rallies and Mayoral Prostitution: https://www.youtube.com/watch?v=tZiGBqbcFwA&t=560s

Loud Biker Comment: Shelley Bean: Just mad because the only time his old lady gets wet is when her hard wood floors vibrate everytime a biker drives by.

Loud Biker Comment: Justin Shewchuk 2/8/17:  Wait…..now I’ve pissed off god with my Harley…well better make friends with satan, he doesn’t care how loud my bike is…..HAIL SATAN!!!

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(4) Government’s Failure to Protect

Are you aware that you, the American citizen, cannot force or coerce your law enforcement community to provide you protection, generally speaking?  There are exceptions to this truism such as in the case of “Family Violence” scenarios, but you cannot force or coerce your law enforcement community to intercede on behalf of the vehicular noise beleaguered citizenry.  Why?

Though the tax-paying, hard working, law abiding citizen faithfully fulfills their obligations relevant to the civil-reciprocal contract established between the citizen and their State under the auspices of a Constitutional Republic, the States have defaulted on their obligation and duty to “protect” the vehicular noise beleaguered American citizen from the vehicular NOISE bullies who assault our children, our elderly, our handicapped, our families with impunity and NOTHING IS DONE!

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Example of a State’s “promise” of protection:

In response to the faithfulness of the servant-citizen, the State agrees to provide “protection” for the citizen thus promoting an environment conducive to the pursuit of life, liberty and the pursuit of happiness…an environment espousing the noble concept of “domestic tranquility” as that concept relates to “community.”

The States, through the Federal Court System, have shielded themselves from liability and thus, except for the most exacting of circumstances, cannot be held civilly or criminally liable for their nonfeasance/non-enforcement/malfeasance/misfeasance via protections granted them through qualified immunity; therefore, the citizenry suffers without recourse or redress…and – no one in authority appears to have any care or concern!

If the citizen defaults, violates the law or disobeys their obligatory duties under the civil-reciprocal contract, both the criminal and civil law ensures swift and sure justice, but when the States mock their obligation relevant to “protection” and the Fourteenth Amendment’s guarantee of “equal protection” under the law, the venerable intent and promises of the Constitution are nullified and treated with contempt and disdain.  The United States Federal Courts/United States Supreme Court have so bastardized the original intent and meaning of the United States Constitution via precedent/stare decisis that our founding Document has become more ornamental than representative of and protection for “We the People…”

Our Legislators and the Motorcycle Rights Organizations…

Causative factors relevant to pervasive, illegal, motorcycle noise on America’s public roadways and within our communities would not be complete without mentioning the political, financial, well-funded lobbyists, legal representation, clout and influence of the Motorcycle Rights Organizations (MRO’s) and their “relationship” with Congress and certain members of the Executive Branch in Washington D.C.. Fact: The more money spent on lobbying – the more “favors” from Government – no surprise here, yes?  Essentially, “quid pro quo” defined and articulated where Government interest and influence is attainable by the highest bidder.

For example, The Motorcycle Riders Foundation (MRF) headquartered in D.C., is a major sponsor of the annual (5/22/17) “Bikers Inside the Beltway Day” (along with certain State ABATE Chapters/ABATE, original acronym = A Brotherhood Against Totalitarian Enactments) which is essentially a “lobbying day” for bikers adequately represented by the Loud Biker Cult[ure] who enjoy the company of our U.S. Representatives. Parking is provided, backs are scratched, legislation is discussed and the civil liberties, civil rights, quality of life, health and welfare of the American vehicular noise beleaguered citizen are NOT the topics of discussion. Your quality of life, the rule of law pertaining to vehicular noise and safety, your health and welfare are all irrelevant…it’s all about Biker Entitlement and quid pro quo. See the Motorcycle Riders Foundation site at: http://motorcycleridersfoundation.wildapricot.org/page-1654837   (and)

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With that said…What can be done? Is there any hope for intercession, justice, peace and respite for the vehicular noise beleaguered American citizen?

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Section Four

Discussion Section

1. Solutions to Motor Vehicle Noise Problems?

2. The LOUD Vehicle Cult[ure] – An Honest Perspective.

3. Subsequent to 31-years in Law Enforcement – IMHO.

4. A Genuine Concern – Washington D.C. Leadership and Compromise.

5. CAUTION: Motorcycle Rights Organizational Deceit/Obfuscation.

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(1) Solutions to Motor Vehicle Noise Problems?

Our police won’t intercede and protect us for they’ve compromised their integrity with the Illegally LOUD motor vehicle cult[ure] and are apathetic and unconcerned as are their supervisors; Our elected officials compromise their integrity and oath of office for profit; Our Courts have turned their back on the common man and woman seeking the guarantees, the protections enumerated within the Federal and State Constitution; Our legislators, from Capitol Hill to the State Houses, buddy-up to the well-funded lobbyists of the Motorcycle Rights Organizations; therefore, what can be done? The “domestic tranquility” of our posterity certainly looks bleak when one considers the power, influence, unity, money and legal counsel available to the special interests of the Motorcycle Rights Organizations compared to the voice-less, divergent, unorganized, vehicular noise beleaguered American citizen.  What are our options?

Loud Biker Comment: Daniel Bennett‎: “Do all 241 people that like this page jump on their gold wings and jerk each other off in a rain of bukake cum guzzling doo doo splatters?”

Loud Biker Comment: Michael Lewis Salsman 2/2/17: “Are u the guy filing claims against the Steel Horse Rally? Tell Me yes…. Ill be out rhat way this summer and would like to meet u in person for some discussion and pimple poppin..”

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Addendum

Related Videos and Articles

Congressional Bill Proposal: The American Quality of Life Act – 2017 (A Federal Motor Vehicle Muffler Mandate): https://view.publitas.com/p222-12679/american-quality-of-life-act-2017-congressional-bill-proposal/

Video: Loud Motorcycles? (Pt. 1) THE LAW: https://www.youtube.com/watch?v=ouBsdUq-2Iw&t=25s

Video: Loud Motorcycles? (Pt. 2) OBFUSCATION AND DECEIT: https://www.youtube.com/watch?v=UxFtHInScZQ&t=1562s

Video: Loud Motorcycles? (Pt. 3) OBSTACLES & SOLUTION?: https://www.youtube.com/watch?v=xtiVZ6qUX40&t=115s

Video: Loud Motorcycles? (Pt. 4) BIKER RALLIES & MAYORAL PROSTITUTION: https://www.youtube.com/watch?v=tZiGBqbcFwA&t=160s

Video: Loud Motorcycles? (Pt. 5) A SOUND SOLUTION: https://www.youtube.com/watch?v=pt-HvGTiOgg&t=964s

Video: Evidence of Arkansas Vehicular Noise Conspiracy: https://www.youtube.com/watch?v=XZ–8v2S784&t=24s

Video: Do Loud Pipes Save Lives?: https://www.youtube.com/watch?v=qRxyoSj4sNU&t=29s

Video and Article: D.C. Motorcycle Police and Illegal NOISE – A Compromise with Integrity? https://rickeyholtsclaw.wordpress.com/2017/05/22/d-c-police-motorcycle-detail-and-illegal-noise-a-compromise-wintegrity/

Article: Rolling Thunder in D.C. – 2017 = Hypocrisy: https://rickeyholtsclaw.wordpress.com/2017/05/28/rolling-thunder-bikers-in-d-c-2017-hypocrisy/

Article: B.A.C.A. and Illegal Motorcycle Noise: https://rickeyholtsclaw.wordpress.com/2017/05/27/b-a-c-a-motorcycle-noise-hypocrisy/

Article: Patriot Guard & MC Noise Nonsense: https://rickeyholtsclaw.wordpress.com/2017/04/24/patriot-guard-mc-noise-nonsense/

Article: Vance and Hines – Regulatory Concerns? It’s About Time!: https://rickeyholtsclaw.wordpress.com/2017/04/26/10203/

Article: A Final Appeal to the 8th Circuit Court for Intervention: https://rickeyholtsclaw.wordpress.com/2017/03/07/a-final-appeal-to-the-8th-circuit-for-intervention/

Article: Conservative Houston Cop in a PC World: https://rickeyholtsclaw.wordpress.com/2014/09/19/conservative-houston-cop-in-a-pc-world/

Article: Illegally Loud Motor Vehicles: A Sound Solution: https://rickeyholtsclaw.wordpress.com/2017/03/06/illegal-motor-vehicle-noise-a-sound-solution/

Article: Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

Article: Loud Motorcycles and the EPA: A Letter and Plea for Intercession: https://rickeyholtsclaw.wordpress.com/2016/09/16/loud-motorcycles-the-epa-a-plea-for-intercession/

Article: My LOUD Day at the Harley Dealership: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

Article: EPA v. Harley: $15-million lawsuit: https://rickeyholtsclaw.wordpress.com/2016/08/20/epa-sues-harley-for-15-million-better-yet-the-aftermarket-scam-is-out-of-the-bag/

Article: The Loud Biker Cult[ure] Personality: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Article: State Muffler Laws – A Compilation: https://rickeyholtsclaw.wordpress.com/2016/09/12/state-muffler-laws/

Article: Warning: Motorcycle Rights Organizations Seek Protected Class Status: https://rickeyholtsclaw.wordpress.com/2016/05/01/warning-motorcycle-rights-organizations-seek-protected-class-status-warning/

Article: The Loud Biker Yells: “Hey, it’s just noise.” (Is it really?): https://rickeyholtsclaw.com/2017/07/21/the-loud-biker-yells-hey-its-just-noise-is-it-really/

Article: Trump Expected to Drop Harley-Davidson’s $3-mil. fine for EPA Violations – Why?: https://rickeyholtsclaw.com/2017/07/20/trump-expected-to-drop-harley-davidsons-3-mil-fine-for-epa-violations-why/