Lee County Florida Sheriff’s Captain untruthful concerning the legality of a motorcycle operated by a Sheriff’s deputy.

As articulated in an earlier post, the motorcycle, auto, truck, NOISE abuse by those illegally modifying their exhaust mechanisms in Florida is OUT OF CONTROL. Recently, I observed a Lee County Sheriff’s Deputy operating an egregiously LOUD police Harley product equipped with illegal COBRA aftermarket exhausts; in response, I wrote the Governor, the Commissioners of Lee County, the Sheriffs Department, I left comments and reviews and only one Commissioner, Kevin Ruane, Lee County, FL – District One, took the initiative to actually question the Sheriffs Office concerning this matter. A Captain Alan Canfield of the Lee County Sheriff’s Department responded with the following,

“Commissioner Ruane,

After speaking with the commander of our Motors Unit, we are in full compliance with the statutes regarding aftermarket exhausts.

I remain available to you,

Alan”

I responded to Commissioner Ruane,

Alan Canfield is either purposefully untruthful or ignorant of Federal and State law. Florida mandates mufflers operated upon the public roadways of that State meet OEM-FEDERAL mandates:

§ 316.293 Motor Vehicle Noise, Florida

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.

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NO street use motorcycle operated upon the public roadways of the United States according to the Code of Federal Regulations (CFR) of the US EPA is permitted to alter or replace the US EPA approved, properly labeled, factor-installed sound suppression device i.e. the OEM Muffler. I grow weary of this abuse and obfuscation by those sworn to provide us protection from narcissistic idiots who destroy our environment, abuse our most innocent, with motorcycle and auto and truck noise emissions that are in multiples (logarithmic) of the legal, total, permitted noise emissions of 80dB(A) concerning motorcycle and truck noise mandates; specifically, the SAE J331a full-throttle motorcycle noise drive-by testing procedure.

Law enforcement, nationwide, is complicit in this societal scourge and Captain Canfield should be censured for either his lack of knowledge or his absence of truth in this matter. I am weary of impotence from our law enforcement officials on this subject of societal abuse by narcissistic bullies operating illegally LOUD, illegally modified, illegally equipped motor vehicles on our public roadways.

The Harley FLHT-P in the photo is illegal according to Federal and State Law and the officer and officers operating same are obviously guilty of the same narcissistic, bully, attitude of those who destroy our daily quality of life via the operation of illegally LOUD motor vehicles daily in Florida, in our communities…shame on you! NOTE: concerning the Acoustical Assurance Period (AAP) in the CFR…this is a warranty period from the manufacturer to protect the end purchaser that their muffler will meet and sustain the sound suppression qualities for the time period specified…this does NOT suggest that subsequent to 3730 miles or one-year that the operator is allowed to replace or modify the quiet OEM muffler but the owner is required to maintain the muffler in a condition that maintains the noise suppression qualities of the factory installed muffler for the LIFE of the motorcycle; this, as per the author of the Acoustical Assurance Period (AAP) as per the US EPA.

It is illegal to modify or replace the OEM muffler with an aftermarket exhaust that does NOT comply with the Federal Standards as per the CFR concerning noise emissions and labeling. The COBRA exhaust used by the Sheriff’s Officer is NOT in compliance with the law concerning labeling and noise emissions relevant to Federal and State mandates.

§ 205.152 Noise emission standards.

(a) Noise emission standards.

(1) Street motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated:

(i) Street motorcycles other than those that meet the definition of § 205.151(a)(2)(ii):

Model year A-weighted noise level (dB)

(A) 1983 83

(B) 1986 80

(ii) Street motorcycles that meet the definition of § 205.151(a)(2)(ii)(moped-type street motorcycles):

Model year A-weighted noise level (dB)

(A) 1983 70

(2) Off-road motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated:

(i) Off-road motorcycles with engine displacements of 170 cc and lower:

Model year A-weighted noise level (dB)

(A) 1983 83

(B) 1986 80

(ii) Off-road motorcycles with engine displacements greater than 170 cc:

Model year A-weighted noise level (dB)

(A) 1983 86

(B) 1986 82

(3) Street motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(1) of this section, for an Acoustical Assurance Period of one year or a distance of 6000 km (3730 mi) after the time of sale to the ultimate purchaser, whichever occurs first.

(4) Off-road motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(2) of this section, for an Acoustical Assurance Period of one year or a distance of 3000 km (1865 mi) after the time of sale to the ultimate purchaser, whichever occurs first.

(5) At the time of sale to the ultimate purchaser, all products must comply with the standards set forth in paragraphs (a)(1) and (2) of this section.

(b) Measurement procedure.

(1) The standards set forth in paragraph (a) of this section refer to noise emissions as measured in accordance with the measurement methodology specified in Appendix I-1 for all motorcycles except those street motorcycles that meet the definition of § 205.151(a)(2)(ii).

(2) The standards set forth in paragraph (a) of this section for street motorcycles that meet the definition of § 205.151(a)(2)(ii) (moped-type street motorcycles) refer to noise emissions measured in accordance with the measurement methodology specified in Appendix I-2.

(c) Low noise emission product standard. For the purpose of Low-Noise-Emission Product certification pursuant to 40 CFR part 203, motorcycles procured by the Federal government after the following dates must not produce noise emissions in excess of the noise levels indicated:

(1) For street motorcycles with engine displacement greater than 170 cc:

Date A-weighted noise level (dB)

(i) January 1, 1982 73

(ii) January 1, 1989 71

(2) For off-road motorcycles with engine displacements greater than 170 cc:

Date A-weighted noise level (dB)

(i) January 1, 1982 75

(3) For off-road motorcycles with engine displacement 170 cc and lower and street motorcycles with engine displacement 170 cc and lower that do not meet the definition of § 205.151(a)(2)(ii):

Date A-weighted noise level (dB)

(i) January 1, 1982 71

(4) For street motorcycles that meet the definition of § 205.151(a)(2)(ii) (moped-type street motorcycles):

Date A-weighted noise level (dB)

(i) January 1, 1982 60

These levels refer to noise emissions as measured in accordance with the measurement methodologies specified in appendix I. LNEP’s must also meet all requirements contained in paragraphs (a)(3), (4), and (5), of this section.

(Secs. 10 and 15 of the Noise Control Act, (42 U.S.C. 4909, 4914))

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40 CFR § 205.169 – Labeling requirements.

CFR

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§ 205.169 Labeling requirements.

(a) The manufacturer of any product (including the manufacturer of newly produced motorcycles) subject to this subpart must, at the time of manufacture, affix a permanent, legible label, or mark of the type and in the manner described below, containing the information provided below, to all such exhaust systems or exhaust system components to be distributed in commerce.

(b) The labels or marks shall be affixed in such a manner that they cannot be removed without destroying or defacing them, and must not be applied to any part which is easily detached from such product.

(c) The label or mark shall be in a readily visible position when the exhaust system or exhaust system component is installed on all motorcycles for which it is designed and marketed.

(d) All required language shall be lettered in the English language in block letters and numerals in a color that contrasts with its background.

(e) The label or mark must contain the following information:

(1) For exhaust systems subject to the noise emission standards of § 205.166:

(i) The label heading: Motorcycle Exhaust System Noise Emission Control Information;

(ii)

(A) For original equipment and replacement exhaust system, the following statement:

This (manufacturer’s name) exhaust system (serial number) meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system on motorcycle models not specified may violate Federal law.

(B) For exhaust system components designed and marketed for motorcycles, and tested in accordance with § 205.168 as a constituent of a complete exhaust system comprising non-original equipment components (other than itself), as provided for in § 205.166(b)(3), the following statement:

This (manufacturer’s name) (type of component) (serial number), when installed with a legal (type of component), meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system components on motorcycle models not specified may violate Federal law.

(iii) The model specific code must be the same as used by the motorcycle manufacturer and described in § 205.158(a)(6).

(2) For exhaust systems designed solely for use on competition motorcycles (as defined by § 205.151(a)(3) and so designated and labeled by the manufacturer), the statement:

This product is designed for use on closed course competition motorcycles only and does not conform to U.S. EPA noise emission standards. Used on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.

(3) For exhaust systems designed solely for use on motorcyles manufactured before January 1, 1982, the statement:

This product is designed for use on pre-1982 model year motorcycles only and does not conform to U.S. EPA noise emission standards. Use on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.

(4) For replacement exhaust systems manufactured in the United States solely for use outside the U.S. and not conforming to the noise emissions standards of this regulation, the statement: “For Export Only.”

[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]

The 2021 Florida Statutes

§ 316.293 Motor Vehicle Noise

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.

316.272 Exhaust systems, prevention of noise.—

(1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 72-39; s. 1, ch. 73-89; s. 27, ch. 79-65; s. 135, ch. 94-356; s. 204, ch. 99-248; s. 30, ch. 2006-1.

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FYI, “excessive noise” is anything louder than what the Federal Code of Regulations via the US EPA has deemed safe for the general public…for motorcycles operated on the public roadways of the United States…that safe level is 80dB(A) as per the US EPA’s SAE J331a full throttle drive-by testing procedure…this is commonsense and it’s a shame that our law enforcement community finds no problem with allowing the abuse of our most innocent by the narcissistic thuggery openly displayed on our public roadways daily by bikers, auto and truck narcissists and to add insult to injury, our own law enforcement community is participating in the abusive conduct. I am insulted by the Captain’s lack of candor.

Rick Holtsclaw

19 April 2022

To Commissioner Ruane and Captain Canfield, Lee County Sheriff’s Department, Florida

I ask you again…are you and your fellow commissioners going to allow Captain Canfield to cover-up the unlawful activity of their motorcycle division and the entire LCSO’s failure to intercede on behalf of the citizenry and allow the vehicular noise thugs to continue destroying our daily quality of life via the operation of illegally LOUD, illegally Equipped motorcycles, auto’s and trucks upon our public roadways?

Lee County goes out of its way to tell me what to do with my property and what I can and can’t do void a “permit” and Lee County goes out of its way to protect turtles, birds, fish, but you CARE NOTHING for our daily quality of life routinely destroyed by LOUD biker thugs, auto’s-truck thugs, operating motor vehicles that do NOT conform to OEM muffler standards as per Florida State Law…and you apparently condone your own Sheriff’s Department’s compromise with vehicular noise thuggery as I showed you a deputy’s motorcycle illegally equipped with COBRA “NOT FOR ROAD USE” “COMPETITION ONLY” aftermarket exhausts and you’ve apparently sided with the dishonesty of the Motorcycle Division’s commander…this is shameful and disgusting.

If I were to take matters into my own hands and STOP the motor vehicle noise abuse of my family and my neighbors, Lee County would be first to prosecute me and send me to prison for life…I am disgusted by Lee County and Charlotte County’s impotency and absence of care and concern. Pine Island is a haven for vehicular noise thugs, your impotence is unforgivable.

Rick Holtsclaw