Lee County Florida’s Legal Department does the right thing!

Dist1, Kevin RuaneMon, May 2, 3:55 PM (16 hours ago)
to me, Kevin

Mr. Holtsclaw

Please find below information we received from our inquiry re your emails.  Again, we thank you for your emails and concerns.

Pamela Smith, MMC

District 1 – Lee BoCC

On behalf of Commissioner Kevin Ruane

From: Smith, Abbi <AJSmith@sheriffleefl.org>
Sent: Monday, April 25, 2022 9:22 AM
To: Dist1, Kevin Ruane <DIST1@leegov.com>
Cc: Holloway, John <jholloway@sheriffleefl.org>
Subject: Motorcycle Noise Review Response from LCSO Legal

Good morning Commissioner,

My staff has reviewed the complaint regarding after-market exhaust on LCSO motorcycles, specifically the noise they create.

While we do appreciate the testing of the sound level and presumed compliance with the sound level limits under Florida Statute 316.293; the Cobra system is not recommended for further use by LCSO.

For your review:

Florida Statutes

316.293(5)(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 motor vehicle is above that emitted by the vehicle as originally manufactured &

316.293(5)(b)- No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise abatement device so modified,

And the exception for emergency vehicles –

316.072(5)(a) –the driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm.

The exception would not apply as a blanket permission to drive the motorcycle with a modified exhaust system.

As such, the Legal Bureau has recommended that patrol motorcycles be restored back to the original manufactured exhaust system.

Please let me know if you have any questions or concerns,

Abbi

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