Dear Governor Ron DeSantis, Florida’s Highway Patrol,

Sheriff Marceno LCSO, Commissioners and Assistants to the Commissioners of Lee County, Florida,

My name is Rickey D. Holtsclaw. I am a full-time resident of Pine Island, Bokeelia, Florida. I am a honorably retired 31-year veteran of the Houston Police Department. I am asking you, pleading with you, to motivate the Lee County Sheriff’s Department to enforce the motor vehicle noise laws, State and Federal, that prohibit the operation of illegally LOUD, illegally EQUIPPED, faulty-poorly maintained, motorcycles – automobiles – trucks operated by narcissistic bullies who regularly abuse, audibly assault, the citizens of Pine Island, Cape Coral, Florida. This noise abuse is pervasive State-wide as well.

Every production street-use motorcycle, automobile, light-to-medium duty passenger truck, is mandated by the Code of Federal Regulations to meet very strict vehicular noise testing requirements; this, for the safety of the American citizen exposed to same and when they arrive at the dealership for distribution, these vehicles are very quiet, audibly safe and legal. It is the retailer, distributor, or the end-user that either modifies the quiet OEM-factory muffler or replaces it with an illegal, “not for road use,” aftermarket exhaust available from a plethora of exhaust distributors, retailers, installers, in Florida and around the United States; these manufacturers, distributors, installers, end-users, care only for the “dollar” or their own selfish, narcissistic, pursuits and care nothing for the safety, welfare, rights, of the law-abiding Floridian.

It is unfortunate, but the majority of the citizenry abused by these illegally LOUD motor vehicle narcissists naively believe the illegal noise emitted is lawful, authorized and that these vehicles were manufactured to be egregiously, intrusively, LOUD; unfortunately, our Nation as a whole has been conditioned to the pervasive, abusive, dangerous, motor vehicle noise and are completely unaware of its physiological, psychological, damage, injury; especially relevant is the physiological injury to our children, our elderly, our handicapped. Is this not a predictable and tragic deception in our society which is due to law enforcement impotence, misfeasance, malfeasance, compromise with the illegal conduct by our own law enforcement officers, judges, prosecutors, federal, state, local representatives? 

Loud Pipes Save Lives (The Lie)

The impotent mantra 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 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 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.

Lee County Sheriff’s Office, its shameful conduct corrected,

Recently, the Legal Department for Lee County ordered the Lee County SO to return their police motorcycles to OEM-factory, quiet, legal status as our own police had illegally modified their mufflers with COBRA aftermarket exhausts emitting in multiples (logarithmic) the legal, safe, total motorcycle noise emissions of 80dB(A) concerning all street-use motorcycles to be operated on the public roadways of the United States as per the Code of Federal Regulations; this, relevant to 1986-year model street-use motorcycles going forward. Why would our own “peace officers” choose to audibly abuse the citizenry they’re sworn to protect and serve by violating Federal and State muffler laws enacted for the protection and quality of life of every citizen? See: “Lee County Florida’s legal department does the Right Thing” https://rickeyholtsclaw.com/2022/05/03/lee-county-floridas-legal-department-does-the-right-thing/

Florida’s Muffler Law mandates a quiet factory OEM exhaust…

Also, Florida’s Legislature passed a strict motor vehicle noise law that is NOT subjective or void for vagueness but is based upon OEM-factory muffler noise emission standards of 80dB(A) which reads,

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.

Questions for Lee County’s Commissioners and Sheriff Marceno (LCSO)…

Lee County Commissioners and Sheriff Marceno, why is Pine Island’s beauty and ambiance, its citizenry, many of which are elderly, destroyed, audibly abused, by selfish narcissists operating illegally equipped, illegally LOUD, motorcycles-automobiles-trucks traversing up and down Stringfellow Road and operating in our adjacent communities void any semblance of enforcement? Far too many of these illegally equipped, illegally LOUD, motorcycles, automobiles and trucks are clearly audible under acceleration for one-mile or more; this, when Federal and State Laws have been enacted to prevent vehicular noise abuse?

Today, Sunday, 29 January 2023, I attended an outside Christian worship service seeing that the Church’s main sanctuary is under construction due to damage incurred from Hurricane Ian. For the last two-Sundays…I have endured incredibly loud, intrusively LOUD, illegally LOUD motorcycles, automobiles and trucks in the Pine Island Center business district not to mention the daily audible assault at my personal residence in Bokellia. Recently, a loud biker visited my home on his illegally LOUD motorcycle to accelerate his motorcycle and express his disdain with my public requests for intercession. This behavior carries over to Stringfellow Road adjacent to my residence where illegally LOUD vehicles are purposefully accelerated by their operators to voice their anger over my public requests for intercession on social media. Why is this intrusive, illegal behavior, permitted to continue, why are the citizens of Florida allowed to be abused by vehicular noise narcissists?

My comprehensive article on this National Plague: “The Truth about Loud Motorcycles, Automobiles, Trucks, the Police can’t or won’t tell you” https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

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

1)      Stop and warn.

2)      Cite and convict.

3)      Impound the offending vehicle until brought back to OEM muffler standards.

4)      Incarcerate the offender…enhance motor vehicle noise abuse to a criminal statute. Incarcerate for repeated offenses.

5) STOP the SALE, RETAIL and INSTALLATION of illegal exhaust mechanisms in Florida!

Concerning illegal motor vehicle noise as probable cause,

In conclusion, during my enforcement years in Law Enforcement, I found illegal motor vehicle noise to be the most lucrative form of probable cause for a stop and investigate as the selfish, narcissistic, abusive, personality-type that abuses the citizenry with illegal vehicle noise is the very same personality-type that far too often offends in other areas of the law where suspensions, warrants (Misdemeanor and Felony) are pervasive. Why is Law Enforcement neglecting this most valuable enforcement tool?

Thank you,

Rickey D. Holtsclaw, Pine Island, Florida