Category Archives: Uncategorized

Motorcycle NOISE Enforcement – 101

Introduction

This article explains the technique involved in successfully enforcing and adjudicating muffler laws containing the statutory elements “excessive or unusual noise” and/or “factory-installed” “original equipment.”  I debunk the “law’s too subjective” argument and provide a commonsense, workable approach to motorcycle noise enforcement that is practically cost-less to law enforcement yet easily implemented and enforceable by every beat-patrol officer.

For an in-depth discussion of the Who, What, Where, When, Why and How of illegal motorcycle noise in the United States, please see my article: The Truth about Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Thank you,

Rick Holtsclaw, Houston PD/Retired

 


First Things First

A Suggestion to Law Enforcement

If your municipal or State administration has not been castrated by Political Correctness; If your municipal or State leadership is pro-law enforcement and if they are supportive of proactive policing, if they are truly concerned about the integrity of the rule of law and their responsibility to provide protection for the citizenry, the following motorcycle noise enforcement protocol/technique may be the key to successfully terminating the plague of illegal motorcycle noise in your area of responsibility.

Motorcycle noise enforcement will be the most divisive and controversial enforcement initiative any police department or officer will undertake; this, as a result of forty-years of law enforcement nonfeasance/non-enforcement of the motor vehicle noise laws.  Though illegal motor vehicle noise does not receive the statutory significance it should considering its detrimental physiological/psychological effects, this intrusive “national plague” has become the number-one destroyer 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.  Unfortunately, those tasked with the responsibility of providing “protection” for the vehicular noise beleaguered citizen have failed and failed miserably for a variety of reasons as discussed in my article, The Truth about Loud Motorcycles the Police Won’t or Can’t Tell You.

When dealing with the Loud Biker Cult[ure] in an enforcement scenario…

  1. Record every traffic stop and keep a personal copy of the audio file if your department’s regulations will permit retaining such files. Be fully prepared for Internal Affairs complaints based on false accusations from the Loud Biker Cult[ure] who will be schooled by the Motorcycle Rights Organizations relevant to tactics that undermine your enforcement protocol.
  2. Chances are, you will be harassed on social media; therefore, do not fall for the trap of responding or discussing your enforcement initiative on any online forum.
  3. Keep all conversations with the Biker/traffic violator to a minimum – no comments, no suggestions, no polite gestures or recommendations…He/She is NOT your buddy or confidant. 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].
  4. Again…Never discuss your noisy vehicle traffic enforcement protocol on social media!  Keep your opinions regarding vehicular noise to yourself – don’t discuss it among fellow officers or supervisors unless asked a direct question. Unfortunately, some of your most vocal detractors will be your fellow officers and supervisors who ride and drive illegally LOUD.
  5. Warning: If you are successful in adjudicating your motorcycle noise citations, more than likely, the Motorcycle Rights Organizations will make every effort to derail your enforcement initiative via allegations of “harassment” and “profiling;” therefore, always intersperse your vehicular noise enforcement protocol and related arrest activity with noisy automobile and truck citations in conjunction with citations written, arrests made, involving the Loud Biker Cult[ure].
  6. God Bless You, may He keep you safe and secure and THANK YOU for standing strong and interceding on behalf of societies most innocent.

Two examples of LOUD Biker Cult[ure] attitude, entitlement, arrogance, illegality, bully behavior due to four-decades of law enforcement nonfeasance/non-enforcement…these videos (1&2) were forward to me on 18 June 2017 by the video’s publisher and are most appropriate for our discussion:

  1. https://www.youtube.com/watch?v=1GCNCtz4j_U&feature=youtu.be
  2. https://www.youtube.com/watch?v=Gd2iJR7QzR4
  3. Loud Biker Thuggery on Parade: https://www.youtube.com/watch?v=Vn05lGA6Gng

A sampling of Loud Biker Attitude relevant to enforcement:

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 JihadFuck 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.

The following URL will provide law enforcement with an example of the “personality type” to expect when dealing with the Loud Biker Cult[ure] in an enforcement capacity, don’t be swayed or deceived by their initial receptive attitude…see: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Rick Holtsclaw, HPD/Retired

hpd patch


Enforcement Protocol – Keeping it Simple

Sound Meter Legislation – A Problem

As most police officers are already aware, sound meters cannot be introduced into the adjudicatory environment as evidence unless motor vehicle noise legislation specifically articulates the statutory elements detailing their implementation. During my most recent review of the state muffler laws, only three states had encumbered themselves with useless, redundant, sound meter legislation while one-state, Vermont, has no acoustical limitations for public road-use motor vehicles.  Forty-six state statutes contained the statutory elements of either “prevent excessive or unusual noise” and/or “factory-installed muffler” or “original equipment.”  Let’s discuss the options available to the enforcement officer seeking to protect the citizenry from the illegal, intrusive, NOISE of the Loud Biker Cult[ure] when said officer must work within the parameters of these statutory elements.

Examples:

***Texas Transportation Code: Sec. 547.604. MUFFLER REQUIRED.

(a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise.

(b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.

***Arkansas: 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.

***Illinois: (625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)

Sec. 12-602. Mufflers, prevention of noise.

Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

For your State’s muffler law, please see: https://rickeyholtsclaw.wordpress.com/2016/09/12/state-muffler-laws/

Following is an example of problematic and redundant sound meter legislation…

***MICHIGAN (useless)

Act 300 of 1949

257.707c Noise limitations; prohibitions.

Sec. 707c.

(1) After April 1, 1978, a motor vehicle shall not be operated or driven on a highway or street if the motor vehicle produces total noise exceeding 1 of the following limits at a distance of 50 feet except as provided in subdivisions (b)(iii) and (c)(iii):

(a) A motor vehicle with a gross weight or gross vehicle weight rating of 8,500 pounds or more, combination vehicle with gross weight or gross vehicle weight ratings of 8,500 pounds or more.

(i) Ninety DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Eighty-eight DBA under stationary run-up test.

(b) A motorcycle or a moped:

(i) Eighty-six DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-two DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test at 75 inches.

(c) A motor vehicle or a combination of vehicles towed by a motor vehicle not covered in subdivision (a) or (b):

(i) Eighty-two DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Seventy-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test 20 inches from the end of the tailpipe.

(2) A dealer shall not sell or offer for sale for use upon a street or highway in this state a new motor vehicle manufactured after April 1, 1978, which produces a maximum noise exceeding the following limits:

(a) A motor vehicle with a gross vehicle weight rating of 8,500 pounds or more—83 DBA.

(b) A motorcycle or a moped—83 DBA.

(c) A motor vehicle not covered in subdivision (a) or (b)—80 DBA.

(3) A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system which affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier, or a similar device.

(4) A person, either acting for himself or herself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part that causes the motor vehicle to which the muffler or exhaust part is attached to exceed the noise limits established by this act or a rule promulgated under this act.

(5) A person shall not modify, repair, replace, or remove a part of an exhaust system causing the motor vehicle to which the system is attached to produce noise in excess of the levels established by this act, or operate a motor vehicle so altered on a street or highway.

(6) A dealer shall not sell a used or secondhand motor vehicle for use upon a street or highway which is not in compliance with this act.

Question: Why are sound meters problematic and “redundant?”  

Though only a few States have encumbered themselves with useless sound meter legislation for motor vehicle noise enforcement, far too many municipal motor vehicle noise ordinances are convoluted and confusing due to unenforceable sound meter requirements; as a result, Loud Biker Thuggery flourishes and the people suffer.  Though these municipalities have the enforceable state muffler statute available for enforcement purposes, it is “money” for the coffer that under-girds the enactment of redundant city ordinances.  Apparently, fines generated from state statutes, a greater portion of that “revenue” is forwarded to the state; whereas, if an ordinance is used to enforce the very same violation i.e. motor vehicle noise, the monies generated by fines and court costs are forwarded to the municipal coffer.

With that said…

It is unwise to introduce any instrument into the adjudicatory process unless said instrument is absolutely necessary to prove the elements of the statute beyond a reasonable doubt.  Lasers, radars, sound meters, require expert testimony, require regular certification of the instrument, certification of the operator, proper testing protocol before and subsequent to usage.  Sound meters (Type 1 or Type 2) are expensive when purchased in sufficient quantities to properly address the pervasive motor vehicle noise problems on our pubic roadways.  Sound meters require regular certification and documentation to verify that certification and re-certification.  Sound meters present concerns relevant to ambient noise during testing, controlled testing sites, atmospheric interference, expert testimony criteria with the ability to articulate/explain logarithmic differentials.  Basically, sound meter legislation provides very fertile ground upon which a good defense attorney can cultivate “reasonable doubt” in the mind of a jury, judge or magistrate ultimately culminating in adjudicatory failure.

Sound meter legislation is not only problematic for enforcement and adjudication, but they are unnecessarily redundant for motorcycle noise enforcement because the factory-installed muffler, as approved by the U.S. EPA via the Code of Federal Regulations, has already been thoroughly tested in an environmentally-scientifically controlled testing environment as per the Society of Automotive Engineers (SAE) J331a Full-throttle drive-by testing procedure.

The SAE J2825 Stationary Motorcycle Test…again, problematic…

Though some “experts” seeking a remedy to pervasive, illegal, motorcycle noise on our public roadways are proponents of the SAE J2825 Stationary Motorcycle Testing Procedure, again, I personally believe such sound meter legislation is unnecessary, fraught with enforcement costs, implementation and adjudicatory problems and does not adequately duplicate the “real world” protective intent of the SAE J331a Full-throttle drive-by test.  For more information on the SAE J2825 Stationary Motorcycle Testing Procedure please see:

Noisy Motorcycles – An Environmental Quality of Life Issue: https://inceusa.org/publications/technical-reports/#noisy-motorcycles (Tab on heading “Noisy Motorcycles – An Environmental Quality of Life Issue” once you’re on the introductory page)

SAE J2825 Sound Test – video: https://www.youtube.com/watch?v=2KdYUhH3JSo


No Sound Meter for Enforcement? – Are there any Options?

As mentioned earlier, unless the motor vehicle muffler statute is constructed with statutory elements defining the parameters for sound meter implementation, sound meters cannot be introduced as evidence; therefore, what options are available when a muffler law contains the universal citation “prevent excessive or unusual noise”?

“Void for Vagueness” concerns…

During my enforcement years, the biggest challenge to enforcement relevant to the law was the unfounded, spurious allegations/obfuscation that a motor vehicle muffler statute containing “prevent excessive or unusual noise” was too subjective, to broad and therefore Constitutionally “void for vagueness.”

In response, I presented legal precedent to Houston’s Legal Department, Aaron C. Aguilar v. The State of Texas (2008), where Justice Catherine Stone affirmed the authority of a police officer to “subjectively” determine what is “excessive or unusual noise” emanating from a motor vehicle.

***Question: Okay, so we’ve adequately addressed the “void for vagueness” concerns relevant to “subjectivity” of the universal statute elements, “prevent excessive or unusual noise,” but don’t you need an “objective” standard in which to compare motorcycle noise emissions; after all, officers might have differing subjective “opinions” relevant to exactly what is “excessive or unusual noise” emanating from a motor vehicle?

In order to adequately respond to this question, we must return to our foundation, the basics, the Federal Law.

The Federal Law – The Foundation for Motorcycle Noise Enforcement

You can view an electronic version of the U.S. EPA’s Code of Federal Regulations pertaining to “motorcycles” at this URL: Tab down to Subpart D and Subpart E for “MOTORCYCLES” see: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr205_main_02.tpl

Forty-six State Muffler Laws contain statutory-elements that mirror the protective intent of the Federal Motorcycle Noise Regulations and it is the Federal Law that provides law enforcement with an “objective” standard for enforcement protocol.  It is the thoroughly tested and properly labeled factory-installed muffler that is the “objective” standard for enforcement protocol when the applicable motor vehicle code contains the statutory elements, “prevent excessive or unusual noise” and/or “factory-installed muffler” or “original equipment.”

Question: What is “excessive or unusual noise” emanating from a motorcycle’s muffler?

Discussion

In 1983, the U.S. EPA via their Code of Federal Regulations restricted “total” motorcycle noise emissions to 83 dB(A) for street-use production motorcycles.  Why?  Motorcycle noise emissions were restricted out of a concern for the health and welfare, the quality of life of the American citizen.  For more information on the physiological/psychological ramifications of motorcycle noise see my article, https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Between 1983 and 1986, the U.S. EPA pursued a policy to reduce “total” motorcycle noise emissions from 83 dB(A) to 78 dB(A), but Suzuki Motors expressed concerns regarding the cost effectiveness of producing a motorcycle to conform to the 78 dB(A) limitation; therefore, an 80 dB(A) “total” motorcycle noise emissions limitation or cap was enacted for 1986-year model street-use production motorcycles going forward to today.

Question: What is the significance of  “total” motorcycle noise emissions of 80 dB(A)? What exactly do you mean by “total?” 

A sample make and model motorcycle seeking street-use certification is tested by the manufacturer in accordance with the Code of Federal Regulations testing procedure i.e. the SAE J331a Full-throttle drive-by test which is conducted in an environmentally controlled testing environment.  The test motorcycle is accelerated to maximum brake horsepower and every moving part on the motorcycle, in their totality (not just the engine-muffler noise emissions), is examined for “total” noise emissions at 49.2 feet on each side of the test motorcycle.  In order to successfully complete the SAE J331a testing procedure and receive certification for use on our public roadways, the “total” motorcycle noise emissions cannot exceed 80 dB(A) – respectfully quiet.

It’s important to note that the SAE J331a Full-throttle drive-by test provides a more “real world” analysis of what the citizen is exposed to as that motorcycle is operated on our public roadways…again, this is done out of a concern for the health and welfare of the general public and remember…it is that 80 dB(A) “total” motorcycle noise emissions cap that is the “minimum” level of protection for the general public.

The “Federal” Labels… 

Once the test motorcycle successfully completes the SAE J331a Full-throttle drive-by test, every muffler that is to be affixed to the motorcycles for retail and operated on America’s public roadways is permanently labeled in a “readily visible location” with a rather large U.S. EPA Muffler Label with specific text required…

EPA muffler label

The motorcycle’s frame is also labeled with a U.S. EPA Label designating the R.P.M. at which that particular motorcycle reached its 80 dB(A) limitation and said frame label also warns that tampering with the noise control system violates Federal law.  The frame label is generally located on the downtube of the frame in front of the engine on “cruiser” style motorcycles and is located on the horizontal frame support below the fuel tank of sportbike style motorcycles with full plastic/fiberglass/carbon fiber fairings.  I’ve noticed that these labels are, for the most part, visible from the right side of the motorcycle during inspection protocol.

honda epa label on frame

Federal Tampering Prohibitions…

In addition to the required muffler and frame labels, the U.S. EPA’s Code of Federal Regulations also stipulates “Tampering” prohibitions that are to be articulated within the motorcycle’s owners manual.  The Code of Federal Regulations stipulates specific verbiage relevant to forbidding the alteration/manipulation/modification or removal of the factory-installed muffler except for maintenance/repair, but…if that factory-installed muffler requires replacement, it must be replaced with a muffler mechanism conforming to the acoustical dampening characteristics of the factory-installed muffler.  Also note, the factory-installed muffler is required to remain on the motorcycle for the LIFE of the motorcycle and it is the responsibility of State and Local Law Enforcement to ensure those production motorcycles maintain their quiet, factory-installed muffler or a muffler conforming to the factory-installed muffler’s acoustical dampening specifications subsequent to retail.

Therefore…in response to the previous question regarding an “objective standard” for motorcycle noise enforcement, it is the U.S. EPA certified, factory-installed, labeled, quiet, muffler system that is the “objective standard” for motorcycle noise emissions standards in the United States where the statutory elements of “prevent excessive or unusual noise,” “original equipment” or “factory-installed muffler” are the burden of proof during adjudication.

Question: How do you equate the “factory-installed muffler” as an “objective standard” for enforcement/adjudication?

As discussed earlier, in 1986 the U.S. EPA established 80 dB(A) “total” motorcycle noise emissions as the “minimum” level of protection for the general public…actually, the U.S. EPA desired 78 dB(A), but compromised on 80 dB(A) in response to concerns relevant to manufacturing costs.

Okay…if 80 dB(A) total motorcycle noise emissions (every moving part analyzed in their totality in conjunction with engine exhaust emissions) is the “minimum level” of protection for the general public and the factory-installed muffler must suppress engine exhaust emission noise levels to such a degree as to not contribute to an excess of the 80 dB(A) limitation – does it not stand to reason that any sound emanating from a motorcycle muffler or exhaust that is LOUDER than that which emanates from the quiet factory-installed muffler is indeed “excessive or unusual noise”?

Comparison/differentiation made between the noise emissions of a quiet, properly labeled, U.S. EPA approved, safe, factory-installed muffler and the NOISE EMISSIONS of a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE MOTORCYCLE ONLY aftermarket exhaust emitting in multiples (logarithmic scale) the noise emissions of the quiet factory-installed muffler…the differentiation/comparison/analysis is VERY simple, VERY obvious, VERY elementary, STARK and unmistakable. This “noise comparison analysis” is not subjective in that the differentiation between the objective standard (quiet factory-installed muffler) and the offending NOT FOR ROAD USE exhaust is unmistakable and irrefutable.

FYI: dB differentials are calculated using a logarithmic scale – not linear, see:

  1. Log Calculator: http://www.sengpielaudio.com/calculator-levelchange.htm
  2. Helpful Log Comparisons: https://www.chem.purdue.edu/chemsafety/Training/PPETrain/dblevels.htm

It worked for me…

This motor vehicle enforcement technique called “Noise Comparison Analysis (NCA)” is practically cost-less to police departments, requires a minimum of familiarization-training for law enforcement personnel and is easily implemented by the “beat-patrol” officer void the complications associated with sound meter legislation.

Important: The Local Judiciary and Legal Departments must be apprised of the enforcement technique and subsequently approve Noise Comparison Analysis…

It is absolutely critical that prior to the implementation of Noise Comparison Analysis for enforcement protocol, the municipality’s legal department, city prosecutor and the magistrates be fully informed and approve the enforcement technique.

Beware of tampering…

There are those traffic investigations with excessive motorcycle noise as probable cause and the inspecting officer is confronted with a muffler mechanism that is OEM – factory-installed, properly labeled…but extremely noisy. I have found some very meticulous “tampering” violations involving the factory-installed muffler.  Drilling holes in the muffler canister, chiseling out baffles are obvious, but there are those loud biker advocates who meticulously cut open the muffler canister and remove acoustical material then carefully wire-weld the area closed.  Simply because a motorcycle’s muffler is labeled and is obviously factory-installed does not necessarily denote compliance.  Considering that 60% to 80% of the motorcycles operating on our public roadways at any given time are illegally modified or illegally equipped, it has been my experience that an overwhelming number of LOUD motorcycles are the recipients of a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE aftermarket exhaust mechanism.

Noise Free America has published a helpful manual for Law Enforcement engaged in Motorcycle Noise Enforcement, see: A Guide to Modified Exhaust Systems: https://www.motorcyclenoise.org/

FLH loud

Rinehart

LA chopper

loud rally bikes

 

dscn1691

loud exhaust 1loud exhaust 2

**********

For information concerning the Loud Biker Cult[ure] and their NOT FOR ROAD USE aftermarket exhausts or answers to the question why our roadways are flooded with illegally LOUD motor vehicles with an emphasis on illegal motorcycle NOISE, please see: The Truth about Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

epa closed course label on muffler

(Photos) U.S. EPA “NOT FOR ROAD USE” Muffler Label required for off-road – competition mufflers.  This label is used by some of the higher-end motorcycle exhaust manufacturers in an attempt to negate civil liability for marketing these egregiously LOUD exhaust mechanisms for street-use motorcycles.  Generally located in an inconspicuous position on the muffler canister.  Lower-end manufacturers don’t bother with the label and express no concern for regulatory intervention or liability – they simply don’t care about your quality of life or your health and welfare…it’s all about the “money.”

The following URL provides information relevant to the illegal marketing tactics of the 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/

91eed-notforroaduse

Beware of the deceit and obfuscation of the Loud Biker Cult[ure] and the Motorcycle Rights Organizations…

Subsequent to 31-years in Law Enforcement…

IMHO: The ONLY solution to the out of control, illegal, motor vehicle noise problem on our pubic roadways in the United States…The American Quality of Life Act (2017) as presented to certain Congressional Representatives on Capitol Hill, May/2017: https://view.publitas.com/p222-12679/american-quality-of-life-act-2017-congressional-bill-proposal/

Thank you,

Rick Holtsclaw, Houston PD/Retired

me at lubys

 

 

 

 

 

 

 

 

STATE MUFFLER LAWS

STATE MUFFLER LAWS

***Also see my article: The Truth about LOUD Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

***The popular universal motor vehicle noise statute/element “prevent excessive or unusual noise” may sound unenforceable due to void for vagueness concerns but I provide a workable enforcement strategy here: Motorcycle Noise Enforcement 101: https://rickeyholtsclaw.com/2016/09/12/motorcycle-noise-enforcement-101/

The number of States containing the elements “excessive or unusual noise” and/or require the factory-installed muffler: 46

The following States have demonstrated a complete lack of care and concern for the health and welfare, the quality of life of their residents by maintaining a useless and practically impossible to enforce muffler statue.

  • Michigan: Useless, confusing, senseless sound meter legislation.
  • Oregon: Useless, confusing, senseless sound meter legislation.
  • Pennsylvania: Useless, confusing, senseless sound meter legislation.
  • Vermont: Unable to locate definitive legislation relevant to motor vehicle muffler laws.

ALABAMA

Code Title 32. Motor Vehicles and Traffic. § 32-5-216

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, a muffler without baffles, or similar device upon a motor vehicle on a highway.

(b) 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.

ALASKA

13 AAC 04.215. Noise prevention; mufflers

(a) A motor vehicle must be equipped, maintained, and operated so as to prevent excessive or unusual noise and the escape of fumes into the vehicle. A motor vehicle must be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. No person may use a muffler cutout, bypass, or similar device, or modify the exhaust system of a motor vehicle in a manner which amplifies or increases the noise emitted by the engine of the vehicle above that emitted by the muffler originally installed on the vehicle for use on the highway or a vehicular way or area. A person may not alter an exhaust particle emission system built into a motor vehicle to decrease its effectiveness.

(b) The engine and power mechanism of a motor vehicle must be equipped and adjusted to prevent the escape of excessive fumes or smoke.

ARIZONA

2005 Arizona Revised Statutes – Revised Statutes §28-955 – Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception

  1. A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise.
  2. A person shall not use a muffler cutout, bypass or similar device on a motor vehicle on a highway.
  3. The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive fumes or smoke.
  4. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall be equipped with emissions control devices that meet the standards established by the director of environmental quality.
  5. A person who violates this section is subject to a civil penalty of at least one hundred dollars.

ARKANSAS

  • 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.

CALIFORNIA

VEHICLE CODE SECTION 27150

  1. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

 COLORADO

  1. Mufflers – prevention of noise.

(1)  Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section.

 (2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

(3) Any person who violates subsection (1) of this section commits a class B traffic infraction.  Any person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of five-hundred dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section occurring within the corporate limits of a city or town, or within the unincorporated area of a county, shall be transmitted to the treasurer or chief financial officer of said city, town, or county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 205 (5.5)(a), C.R.S.

Sec. 14-80. Mechanical equipment. (a) Each motor vehicle and the devices on such vehicle shall be operated, equipped, constructed and adjusted to prevent unnecessary or unusual noise.

CONNECTICUT

Title 14 Motor Vehicles. Use of the Highway By Vehicles. Gasoline

Chapter 246 Motor Vehicles

Sec. 14-80. Mechanical equipment.

 (b) Each motor vehicle operated by an internal combustion engine shall be equipped, except as hereinafter provided, with a muffler or mufflers designed to prevent excessive, unusual or unnecessary exhaust noise. The muffler or mufflers shall be maintained by the owner in good working order and shall be in use whenever the motor vehicle is operated. No person, including a motor vehicle dealer or repairer or a motorcycle dealer, shall install, and no person shall use, on a motor vehicle, a muffler or mufflers lacking interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout or a straight exhaust except when the motor vehicle is operated in a race, contest or demonstration of speed or skill as a public exhibition pursuant to subsection (a) of section 14-164a, or any mechanical device which will amplify the noise emitted by the vehicle. No person, including a motor vehicle dealer or repairer or a motorcycle dealer, shall remove all or part of any muffler on a motor vehicle except to repair or replace the muffler or part for the more effective prevention of noise. No person shall use on the exhaust system or tail pipe of a motor vehicle any extension or device which will cause excessive or unusual noise.

DELAWARE

  • 4311 Mufflers; cutout prohibited.

(a) No person shall drive a motor vehicle, including a motorcycle, on a highway, including residential streets, unless such motor vehicle or motorcycle is equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive or unusual noise.

(b) No person shall use a “muffler cutout” on any motor vehicle upon a highway.

(c) It shall be unlawful to sell or offer for sale any muffler without interior baffle plates or other effective muffling devices or to sell or offer for sale any “gutted muffler,” “muffler cutout” or “straight exhaust.”

FLORIDA

*See #5 “Noise Abatement Modifications” – requires OEM muffler

Noise abatement specifications…

Title XXIII MOTOR VEHICLES

Chapter 316

STATE UNIFORM TRAFFIC CONTROL 316.293 Motor vehicle noise.—

(1) DEFINITIONS.—The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires:

(a) “dB A” means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.

(b) “Gross combination weight rating” or “GCWR” means the value specified by the manufacturer as the loaded weight of a combination vehicle.

(c) “Gross vehicle weight rating” or “GVWR” means the value specified by the manufacturer as the loaded weight of a single vehicle.

(d) “Sound level” means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only A-weighting and fast dynamic response need be provided.

(e) “Department” means the Department of Highway Safety and Motor Vehicles.

(2) OPERATING NOISE LIMITS.—No person shall operate or be permitted to operate a vehicle at any time or under any condition of roadway grade, load, acceleration, or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed limit at a distance of 50 feet from the center of the lane of travel under measurement procedures established under subsection (3).

(a) For motorcycles other than motor-driven cycles:

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

Before January 1, 1979   82 dB A 86 dB A

On or after

January 1, 1979 78 dB A 82 dB A

(b) For any motor vehicle with a GVWR or GCWR of 10,000 pounds or more:

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

On or after

January 1, 1975 86 dB A 90 dB A

(c) For motor-driven cycles and any other motor vehicle not included in paragraph (a) or paragraph (b):

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

Before January 1, 1979   76 dB A 82 dB A

On or after

January 1, 1979 72 dB A 79 dB A

(3) MEASUREMENT PROCEDURES.—The measurement procedures for determining compliance with this section shall be established by regulation of the Department of Environmental Protection as provided in s. 403.415(9), in cooperation with the department. Such regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods for the measurement of vehicular sound levels. The measurement procedures may include adjustment factors to be applied to the noise limit for measurement distances of other than 50 feet from the center of the lane of travel.

(4) APPLICABILITY.—This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control.

*(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.—

(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.

(6) EXEMPT VEHICLES.—The following are exempt from the operation of this act:

(a) Emergency vehicles operating as specified in s. 316.072(5)(a).

(b) Any motor vehicle engaged in a professional or amateur sanctioned, competitive sports event for which admission or entry fee is charged, or practice or time trials for such event.

(c) Any motor vehicle engaged in a manufacturer’s engineering, design, or equipment test.

(d) Construction or agricultural equipment either on a job site or traveling on the highways.

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

History.—s. 4, ch. 74-110; s. 32, ch. 76-31; s. 2, ch. 78-280; s. 28, ch. 79-65; s. 136, ch. 94-356; s. 16, ch. 97-300; s. 205, ch. 99-248.

GEORGIA

  • 40-8-71 – Exhaust system; prevention of noise, smoke, and fumes

O.C.G.A. 40-8-71 (2010)

(a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications:

(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes;

(2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers’ original specifications;

(3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment;

(4) The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken hangers; and

(5) There shall be no part of the exhaust system passing through the passenger compartment or any exposed stack so located that any individual entering or leaving the vehicle may be burned.

(b) 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.

(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke or any muffler cutout, bypass, or similar device for use on a motor vehicle or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.

HAWAII

  • 291-22 Regulation of exhaust pipe and muffler. It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. [L 1941, c 140, §2; RL 1945, §11718; RL 1955, §311-24; HRS §291-22; am L 1979, c 105, §28]

IDAHO

TITLE 49 MOTOR VEHICLES

CHAPTER 9

VEHICLE EQUIPMENT

49-937.  Mufflers, prevention of noise. (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway. When any motor vehicle was originally equipped with a noise suppressing system or when any motor vehicle is required by law or regulation of this state or the federal government to have a noise suppressing system, that system shall be maintained in good working order. No person shall disconnect any part of that system except temporarily in order to make repairs, replacements or adjustments, and no person shall modify or alter that system or its operation in any manner, except to conform to the manufacturer’s specifications. No person shall knowingly operate and no owner shall knowingly cause or permit to be operated any motor vehicle originally equipped or required by any law or regulation of the state or the federal government to be equipped with a noise suppressing system while any part of that system is disconnected or while that system or its operation is modified or altered in any manner, except to conform to the manufacturer’s specifications.

(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)  No person shall modify the exhaust system of a motor vehicle or a motorcycle in a manner which will amplify or increase the noise of the vehicle or motorcycle above that emitted by the muffler originally installed on the vehicle by the manufacturer.

(4)  A showing that the sound made by a passenger motor vehicle or motorcycle exceeds the maximum allowable decibel level shall be prima facie evidence of a violation of subsection (1) of this section.

(5)  No person shall sell, offer for sale, or install any noise suppressing system or device which will produce excessive or unusual noise.

ILLINOIS

(625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)

Sec. 12-602. Mufflers, prevention of noise.

Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

INDIANA

IC 9-19-8-2 Muffler leaks, alteration, or deterioration Sec. 2. A motor vehicle must be equipped with a muffler free from the following visually discernible conditions: (1) Exhaust gas leaks. (2) Alteration of muffler elements. (3) Deterioration of muffler elements. As added by P.L.2-1991, SEC.7.

IC 9-19-8-3 Operation of muffler or noise dissipative device Sec. 3. A motor vehicle must be equipped with a muffler or other noise dissipative device that meets the following conditions: (1) Is in good working order. (2) Is in constant operation to prevent excessive noise. As added by P.L.2-1991, SEC.7.

IC 9-19-8-4 Muffler cutouts and bypasses Sec. 4. A motor vehicle may not be equipped with any of the following: (1) A muffler cutout. (2) A bypass. (3) Any similar device. As added by P.L.2-1991, SEC.7.

IOWA

321.436 MUFFLERS, PREVENTION OF NOISE.

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

KANSAS

Article 17. – UNIFORM ACT REGULATING TRAFFIC; EQUIPMENT OF VEHICLES

8-1739. Mufflers and noise suppressing systems. (a) Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device.

(b) 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.

 KENTUCKY

189.140   Mufflers

Noise regulation.

(1) Every motor vehicle with an internal-combustion, steam or air motor shall be equipped with a suitable and efficient muffler. No person while on a highway shall operate a motor vehicle with the muffler cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving.

(2) No person shall modify the exhaust system of a motor vehicle or an off highway vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle. The original muffler shall comply with all of the noise requirements of KRS Chapter 224 and regulations promulgated pursuant thereto. No person shall operate a motor vehicle with an exhaust system so modified.

LOUISIANA

TITLE 32 — Motor vehicles and traffic regulation

RS 32:352 — Mufflers; requirements; prevention of excessive noise, fumes and smoke

  1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
  2. No person shall use a muffler cut-out, bypass or similar device upon a motor vehicle on a highway of this state.
  3. 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.

MAINE

  • 1912. Mufflers
  1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.
  2. Cutouts prohibited. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device.
  3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
  4. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.
  5. Exception; racing meets.
  6. Defense for noise violations by motor vehicles. The following are defenses to a violation of subsection 1 or 3.
  7. If a muffler or exhaust system of a motor vehicle as defined in section 101, subsection 42, not including a motorcycle, does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998, subsections 1 and 3 do not apply. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by a participating certified inspection station.

MARYLAND

TRANSPORTATION

TITLE 22 – VEHICLE LAWS – EQUIPMENT OF VEHICLES

Subtitle 6 – Noise Abatement Program

Section 22-609 – Modification of exhaust system.

  • 22-609. Modification of exhaust system.

(a)  Modification that increases sound prohibited. A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

(b)  Operation of improperly modified vehicle prohibited. A person may not drive on any highway in this State a motor vehicle with an exhaust system or noise abatement device modified in a way prohibited by subsection (a) of this section.

MASSACHUSETTS

Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

MICHIGAN (useless)

Act 300 of 1949

257.707c Noise limitations; prohibitions.

Sec. 707c.

(1) After April 1, 1978, a motor vehicle shall not be operated or driven on a highway or street if the motor vehicle produces total noise exceeding 1 of the following limits at a distance of 50 feet except as provided in subdivisions (b)(iii) and (c)(iii):

(a) A motor vehicle with a gross weight or gross vehicle weight rating of 8,500 pounds or more, combination vehicle with gross weight or gross vehicle weight ratings of 8,500 pounds or more.

(i) Ninety DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Eighty-eight DBA under stationary run-up test.

(b) A motorcycle or a moped:

(i) Eighty-six DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-two DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test at 75 inches.

(c) A motor vehicle or a combination of vehicles towed by a motor vehicle not covered in subdivision (a) or (b):

(i) Eighty-two DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Seventy-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test 20 inches from the end of the tailpipe.

(2) A dealer shall not sell or offer for sale for use upon a street or highway in this state a new motor vehicle manufactured after April 1, 1978, which produces a maximum noise exceeding the following limits:

(a) A motor vehicle with a gross vehicle weight rating of 8,500 pounds or more—83 DBA.

(b) A motorcycle or a moped—83 DBA.

(c) A motor vehicle not covered in subdivision (a) or (b)—80 DBA.

(3) A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system which affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier, or a similar device.

(4) A person, either acting for himself or herself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part that causes the motor vehicle to which the muffler or exhaust part is attached to exceed the noise limits established by this act or a rule promulgated under this act.

(5) A person shall not modify, repair, replace, or remove a part of an exhaust system causing the motor vehicle to which the system is attached to produce noise in excess of the levels established by this act, or operate a motor vehicle so altered on a street or highway.

(6) A dealer shall not sell a used or secondhand motor vehicle for use upon a street or highway which is not in compliance with this act.

MINNESOTA

169.69 MUFFLER.

Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle.

No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety.

MISSISSIPPI

TITLE 63 – MOTOR VEHICLES AND TRAFFIC REGULATIONS

Chapter 7 – Equipment and Identification.

  • 63-7-55. Mufflers.

 Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

MISSOURI

Chapter 307

Vehicle Equipment Regulations

Section 307.170.1

 August 28, 2015

  1. Muffler cutouts: Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.

MONTANA

61-9-403. Mufflers — prevention of noise.

(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass, or similar device upon a motor 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.

NEBRASKA

60-6,286.

Muffler or noise-suppressing system; prevention of fumes and smoke; requirements.

Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. It shall be unlawful to use a muffler cutout, bypass, or similar device on any motor vehicle upon a highway.

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.

 NEVADA

  NRS 484D.410 Standards and regulations for noise emission; compliance.

      1.  Not later than January 1, 1972, the Department shall adopt rules and regulations:

      (a) Governing total maximum noise emissions for vehicles operating on the highways of this State.

      (b) Governing maximum noise emission standards for new motor vehicles sold in this State.

      2.  Rules and regulations adopted pursuant to this section shall:

      (a) Take into consideration all facts and circumstances bearing upon the technical and economic feasibility of and the reasonableness of compliance with such rules and regulations.

      (b) Be consistent with any standards adopted by any federal agency governing noise emissions for vehicles in use or applying to the manufacturer of vehicles.

      3.  Rules and regulations adopted pursuant to this section shall also prescribe testing procedures and instrumentation to be used, taking into consideration the testing procedures of SAE International.

      4.  The Department shall, from time to time, after initial adoption of rules and regulations and, as new facts concerning the control of vehicle noise become available, make such amendments to the rules and regulations as is required to maintain the highest level of vehicle noise emission control consistent with the provisions of subsection 2.

      5.  On and after the effective date of the rules and regulations adopted pursuant to this section it shall be unlawful to operate on the highways of this State any vehicle or to sell or offer for sale in this State any vehicle which fails to comply with the emission levels established by such rules and regulations.

      (Added to NRS by 1971, 921) — (Substituted in revision for NRS 484.6101)

NRS 484D.415 Mufflers: Prevention of emissions.

      1.  Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent emissions greater than those allowed by rules and regulations established by the Department. No person shall use a muffler cutout, bypass or similar device upon a motor 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.

NEW HAMPSHIRE

266:59 Muffler; Prevention of Noise. –

  1. Every motor vehicle shall at all times be equipped with a muffler as defined in RSA 259:66, in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a way.
  2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes, smoke, flame, gas, oil or fuel residue.

    III. [Repealed.]

  1. No person shall operate a motor vehicle with a straight pipe exhaust system; “straight pipe exhaust system” means any straight- through exhaust system that does not contain baffles or otherwise does not meet the definition of muffler in RSA 259:66. Any person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $100 for a first offense, not less than $250 for a second offense in a calendar year, and not less than $500 for a third or subsequent offense in a calendar year.

NEW JERSEY

Title 39 – MOTOR VEHICLES AND TRAFFIC REGULATION

Section 39:3-70 – Mufflers.

Universal Citation: NJ Rev Stat § 39:3-70 (2013)

39:3-70 Mufflers.

39:3-70. Every motor vehicle having a combustion motor shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

NEW MEXICO

66-3-844. Mufflers; prevention of noise; emission control devices.

  1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.
  2. The muffler, emission control equipment or device, 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. Every registered gasoline-fueled motor vehicle manufactured or assembled, commencing with the 1968 models, shall at all times be equipped and maintained in good working order with the factory-installed devices and equipment or their replacements designed to prevent, reduce or control exhaust emissions or air pollution.

NEW YORK

Vehicle Traffic Law § 375. Equipment

31. Mufflers and exhaust systems.  Prevention of noise.

Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device.  No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor or exhaust system of such vehicle above that emitted by the muffler or exhaust system originally installed on the vehicle and such original muffler and exhaust system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

An exhaust system is a series of mechanical devices for the purpose of receiving exhaust gas from an internal combustion engine and expelling it into the atmosphere.

31-a. No person shall, in the state, sell, install or use a motorcycle exhaust device without internal baffles, known as “straight pipes”.

31-b. No person shall, in the state, sell, install or use a motorcycle exhaust device that is intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable.  This subdivision shall not apply to a motorcycle manufactured or assembled prior to nineteen hundred seventy-nine or a motorcycle registered as a limited use vehicle or an all-terrain vehicle pursuant to article forty-eight-A or forty-eight-B of this chapter.

NORTH CAROLINA

  • 20-128. Exhaust system and emissions control devices.

(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler, or other exhaust system of the type installed at the time of manufacture, in good working order and in constant operation to prevent excessive or unusual noise, annoying smoke and smoke screens.

(b) It shall be unlawful to use a “muffler cut-out” on any motor vehicle upon a highway.

(c) No motor vehicle registered in this State that was manufactured after model year 1967 shall be operated in this State unless it is equipped with emissions control devices that were installed on the vehicle at the time the vehicle was manufactured and these devices are properly connected.

NORTH DAKOTA

MOTORCYCLE EQUIPMENT

(Chapter 39-27) 08. Exhaust system – Prevention of noise.

Motorcycles must be equipped with an exhaust system incorporating a muffler or other mechanical device for the purpose of effectively reducing engine noise. Cutouts and bypasses in the exhaust system are prohibited. The system must be leak proof and all components must be securely attached to the vehicle and located so as not to interfere with the operation of the motorcycle. Shielding must be provided to prevent inadvertent contact with the exhaust system by the operator or passenger during normal operation. In addition, all motorcycles operating on streets   and   highways   must   meet   the   noise   decibel   limitations   as   established   by   the environmental   protection   agency.   No person may sell, offer for sale, or install any noise suppressing system or device which will produce noise in excess of the maximum allowable decibel limitations of this section.

OHIO

4513.22 Mufflers.

(A) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.

No person shall own, operate, or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.

(B) Whoever violates this section is guilty of a minor misdemeanor.

Amended by 128th General Assembly File No.9, HB 1, §101.01, eff. 10/16/2009.

Effective Date: 01-01-2004

4513.221 Local regulation of passenger car and motorcycle noise.

(A) The board of county commissioners of any county, and the board of township trustees of any township subject to section 505.17 of the Revised Code, may regulate passenger car and motorcycle noise on streets and highways under their jurisdiction. Such regulations shall include maximum permissible noise limits measured in decibels, subject to the requirements of this section.

(B) Regulations establishing maximum permissible noise limits measured in decibels shall prohibit the operation, within the speed limits specified herein, of a passenger car or motorcycle of a type subject to registration at any time or under any condition of load, acceleration, or deceleration in such manner as to exceed the following maximum noise limits, based on a distance of not less than fifty feet from the center of the line of travel:

(1) For passenger cars:

(a) When operated at a speed of thirty-five miles per hour or less, a maximum noise limit of seventy decibels;

(b) When operated at a speed of more than thirty-five miles per hour, a maximum noise limit of seventy-nine decibels.

(2) For motorcycles:

(a) When operated at a speed of thirty-five miles per hour or less, a maximum noise limit of eighty-two decibels;

(b) When operated at a speed of more than thirty-five miles per hour, a maximum noise limit of eighty-six decibels.

(C) Maximum noise limits established pursuant to division (B) of this section shall be measured on the “A” scale of a standard sound level meter meeting the applicable requirements for a type 2 sound level meter as defined in American national standards institute standard S1.4 – 1983, or the most recent revision thereof. Measurement practices shall be in substantial conformity with standards and recommended practice established by the society of automotive engineers, including SAE standard J 986 A NOV81, SAE standard J 366 MAR85, SAE standard J 331 A, and such other standards and practices as may be approved by the federal government.

(D) No regulation enacted under division (B) of this section shall be effective until signs giving notice of the regulation are posted upon or at the entrance to the highway or part thereof affected, as may be most appropriate.

(E) A board of county commissioners of any county may regulate noise from passenger cars, motorcycles, or other devices using internal combustion engines in the unincorporated area of the county, and a board of township trustees may regulate such noise in the unincorporated area of the township, in any of the following ways:

(1) By prohibiting operating or causing to be operated any motor vehicle, agricultural tractor, motorcycle, all-purpose vehicle, or snowmobile not equipped with a factory-installed muffler or equivalent muffler in good working order and in constant operation;

(2) By prohibiting the removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, of any muffler;

(3) By prohibiting the discharge into the open air of exhaust of any stationary or portable internal combustion engine except through a factory-installed muffler or equivalent muffler in good working order and in constant operation;

(4) By prohibiting racing the motor of any vehicle described in division (E)(1) of this section in such a manner that the exhaust system emits a loud, cracking, or chattering noise unusual to its normal operation.

(F) Whoever violates any maximum noise limit established as provided in division (B) of this section or any of the prohibitions authorized in division (E) of this section is guilty of a minor misdemeanor. Fines collected under this section by the county shall be paid into the county general fund, and such fines collected by the township shall be paid into the township general fund.

No regulation adopted under this section shall apply to commercial racetrack operations.

Effective Date: 06-26-1986

OKLAHOMA

Section 12-402 – Mufflers, Prevention of Noise

  1. Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. Every motor vehicle shall at all times be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle.
  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, or both.

Oregon (useless)

  • 815.250¹ Operation without proper exhaust system
  • exemptions
  • penalty

(1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.

(2) An exhaust system only meets the requirements of this section if all of the following apply:

(a) The exhaust system must be in good working order.

(b) The exhaust system must be in constant operation.

(c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:

Maximum level, Model, Vehicle type dBA Year

  1. Motor vehicles required to establish a registration weight under ORS 803.430 (Certain vehicles required to establish registration weight for fee determination) and commercial buses

94……………. before 1976

91……………. 1976 and after

 Motorcycles and mopeds

94……………. before 1976

91……………. 1976

89……………. after 1976

III. Motor vehicles not described under I or II

92……………. before 1976

88……………. 1976 and after

 PENNSYLVANIA (useless)

  • 157.11. Vehicular noise limits.

 (a)  Prohibition. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle within the speed limits specified in Table 1.

TABLE 1

Maximum Permissible Sound Level Readings (decibel (A)) (see: http://www.pacode.com/secure/data/067/chapter157/chap157toc.html)

(1) Any motor vehicle with a manufacturers gross vehicle weight rating of 6,000 pounds or more and any combination of vehicles towed by such motor vehicle.               86           90           88           92

(2) Any motorcycle other than a motor-driven cycle.        82           86           84           88

3) Any other motor vehicle and any combination of vehicles towed by such motor vehicles.           76           82           78                84

 (b)  Measurement distance. The noise limits established by this section shall be based on a distance of 50 feet from the center lane of travel within the speed limit specified in this section. Measurements at distances closer than 50 feet from the center of the lane of travel may be made. In such a case, the measuring device shall be so calibrated as to provide for measurements equivalent to the noise limit established by this section measured at 50 feet.

 (c)  Trucks. A truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the name and gross vehicle weight rating of the manufacturer shall be considered as having a gross vehicle weight rating of 6,000 pounds or more if the unladen weight is more than 5,000 pounds.

 (d)  Exemptions. This section does not apply to any of the following:

   (1)  The sound generated by a warning device, such as a horn or siren, installed in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid noise emission measurement.

   (2)  An emergency vehicle, such as a fire department vehicle, police vehicle, ambulance, blood-delivery vehicle, armed forces emergency vehicle, one private vehicle of fire or police chief or assistant chief or ambulance corps commander or assistant commander or of a river rescue commander, or other vehicles designated by the State Police as emergency vehicles, when responding to an emergency call.

   (3)  A snow plow in operation.

   (4)  The sound generated by special mobile equipment which is normally operated only when the motor vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour or less, unless such device is intentionally operated at speeds greater than 5 miles per hour in order to preclude an otherwise valid noise measurement.

  • 175.75. Exhaust systems.

 (a)  Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).

 (b)  Exhaust system requirements. A vehicle specified under this subchapter shall be constructed, equipped, maintained and operated to prevent engine exhaust gases from penetrating and collecting in any part of the vehicle occupied by the driver or a passenger, in addition to requirements of this title for an emission control system and smoke control for a diesel-powered vehicle.

   (1)  A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.

   (2)  The exhaust system of a vehicle may not be modified in a manner which will amplify or increase noise emitted by the motor of a vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).

   (3)  Headers and side exhaust are permitted if the vehicle meets the requirements of this section.

   (4)  An exposed exhaust system shall be equipped with an adequate heat shield or protective system.

   (5)  An exhaust system shall extend and discharge completely to the outside edge of the vehicle body, including a truck bed, or as originally designed.

   (6)  A firefighting vehicle is exempt from regulations concerning exhaust systems, mufflers and noise control.

RHODE ISLAND

Title 31 – Motor and Other vehicles

CHAPTER 31-23 – Equipment and Accessories Generally

  • 31-23-13 – Muffler.

SECTION 31-23-13

  • 31-23-13 Muffler. – Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway. Any exhaust system shall be deemed defective if any changes, modifications, alterations, deletions, or adjustments have been made which would cause the exhaust system to generate a higher or louder sound level than would be generated by the exhaust system customarily installed by the manufacturer as original equipment. The defective exhaust system shall be replaced or repaired to restore the exhaust system to the performance specifications of the original equipment. Failure to replace or restore the exhaust system as required in this section within five (5) days shall be deemed a civil violation and violators are subject to fines enumerated in § 31-41.1-4.

 SOUTH CAROLINA

Title 56 – Motor Vehicles

Chapter 5 – UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS

Section 56-5-5020 – Mufflers.

Universal Citation: SC Code § 56-5-5020 (2012)

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle upon a highway. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes and smoke.

SOUTH DAKOTA

32-15-17.   Exhaust system and muffler required–Exhaust location–Muffler cut-out prohibited–Misdemeanor. No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.

 Exhaust systems on passenger or passenger-carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.

Exhaust systems on property-carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger-carrying compartment.

No person may use a muffler cut-out on any motor vehicle upon a highway.

A violation of this section is a Class 2 misdemeanor.

TENNESSEE

55-9-202.  Mufflers — Muffler cutouts prohibited — Penalty.

(a) No person shall drive a motor vehicle on any road, street or highway unless the motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.

(b) It is unlawful to use a “muffler cutout” on any motor vehicle upon any road, street or highway.

(c) A violation of this section is a Class C misdemeanor.

 TEXAS

547.604 (Muffler Required)

(a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise.

(b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.

UTAH

Effective 5/10/2016

41-6a-1626.  Mufflers — Prevention of noise, smoke, and fumes — Air pollution control devices.

(a)          A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise.

(b)          A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation.

(c)           A person may not use a muffler cut-out, bypass, or similar device on a vehicle.

VERMONT (useless)

No roadway use motor vehicle muffler law located.

VIRGINIA

46.2-1049. Exhaust system in good working order.

No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make.

The term “exhaust system,” as used in this section, means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.

WASHINGTON

RCW 46.37.390

Mufflers required—Smoke and air contaminant standards—Definitions—Penalty, exception.

(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

(2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 1 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (a)(i) above.

(b) No motor vehicle first sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (b)(i) above.

(c) For the purposes of this subsection the following definitions shall apply:

(i) “Opacity” means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background;

(ii) “Ringelmann chart” means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718.

(3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection.

This subsection (3) does not apply to vehicles twenty-five or more years old or to passenger vehicles being operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body.

 WEST VIRGINIA

  • 17C-15-34. Mufflers; prevention of noise, fumes and smoke.

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Such muffler shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

(b) 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.

WISCONSIN

347.39 Mufflers.

(1) No person shall operate on a highway any motor vehicle subject to registration unless such motor vehicle is equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise or annoying smoke. This subsection also applies to motor bicycles.

(2) No muffler or exhaust system on any vehicle mentioned in sub. (1) shall be equipped with a cutout, bypass or similar device nor shall there be installed in the exhaust system of any such vehicle any device to ignite exhaust gases so as to produce flame within or without the exhaust system. No person shall modify the exhaust system of any such motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this section.

(3) In this section, “muffler” means a device consisting of a series of chambers of baffle plates or other mechanical design for receiving exhaust gases from an internal combustion engine and which is effective in reducing noise.

WYOMING

TITLE 31 – MOTOR VEHICLES

CHAPTER 5 – REGULATION OF TRAFFIC ON HIGHWAYS

31-5-953. Mufflers.

 (a) Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle shall at all times be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. No person shall use a muffler cut-out, bypass or similar device.

(b) 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.

(c) This section applies to motorcycles, motor-driven cycles, multipurpose vehicles and mopeds.

My “LOUD” Evening at the Harley Dealership – “The Truth Shall set you Free!”

My evening at the Harley Dealership in Fort Smith, Arkansas…5 Aug. 2016

Had dinner this evening with a gentleman who was/possibly is going to offer his services as a witness in my Federal Lawsuit if I can convince the 8th Circuit Court of Appeals to bring the Biker Rally/Motorcycle Noise lawsuit before a jury.

The witness had mentioned that he recently went to a Harley Dealership in Fort Smith, AR and purposefully searched for the EPA muffler label on the Harley products on the showroom floor. The gentleman was rather confused stating that he did not see a single motorcycle muffler with any sort of label on the muffler canister as I had described in an earlier conversation.

EPA muffler label

After dinner, we drove to the Old Fort Harley Davidson Dealership in south Ft. Smith and began looking at the new motorcycles on the showroom floor. I was successful in locating the EPA muffler label on the motorcycles equipped with their factory-installed muffler, but actually viewing the label required one to get down on their hands and knees and, when viewing the motorcycle from the rear with the oval shape of the canister viewed as a clock face, the label was at a low 4 or 5 O’Clock position – I’m assuming that Harley Davidson considers “readily visible location” to be “subjective” and in reference to the amount of difficulty one must exert in order to actually view the label.

As we moved into the main showroom area, I walked down a line of what appeared to be factory fresh Harley Davidson motorcycles, but when I walked up to a Harley Dyna (?) positioned in front of the sales office I noticed the new looking Harley was equipped with a Vance and Hines Short Shot exhaust that emits approximately 110 dB(A) under acceleration and audible for up to and possibly over one-mile…a stark violation of Federal and State law.

vance shorties in black

The Gentleman that had accompanied me to the Dealership asked if the Vance and Hines were legal at which time a salesman exited the nearby office and politely asked if he could help us?

My companion asked the salesman if the Vance’s were legal and the salesman replied “yes”…I interrupted and made the statement that if I were in a patrol function I would cite the operator and do my very best to incarcerate him for operating that particular motorcycle on a public roadway. The salesman, a very polite young man, responded with a stunned look and asked other salesmen or sales managers to come to our location…the salesman looked over at who was apparently management for the Dealership and asked him if the Vance and Hines were legal…the manager’s response was a rather boisterous “YES” and the management person put forth a card of paper stating that according to these people and those people the Vance and Hines were legal in 49 States and that in Arkansas motorcycles noise emissions were permitted up to 92 decibels.

I asked the manager if he would like to wager $1000.00 that the Vance and Hines were illegal and that they were illegal simply by being on the sales floor for retail? The gentleman/biker/manager thought for a moment and declined to accept my bet, but obfuscated about knowing for sure that the Vance and Hines were actually “legal.”

Another manager joined in on the conversation and they began looking for information on the Internet relevant to motorcycle noise legal limits. I asked them to plug-in the Arkansas State muffler law, but they were having difficulty locating the Website and asked if I would speak into the phone and perhaps locate the Arkansas Traffic Law for vehicle mufflers, 27-37-601.

Immediately, the State law appeared on the phone and the salesman began reading subsection (a) that states every motor vehicle operated on the roadways of Arkansas shall be equipped with the “factory-installed muffler” or a muffler meeting the specifications of the “factory-installed muffler.”

Silence…..

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.

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.

**********

Then I asked management to read subsection (b) which states that it is illegal to “sell” a muffler within the State of Arkansas that does not conform to the specifications of the “factory-installed muffler.”

Silence – then, the question…”Well then, why are they allowing us to sell them?

I replied that Arkansas’ State Police Director, Colonel Bryant, [and AG Leslie Rutledge] was too apathetic and unconcerned to actually enforce the law and that if the Arkansas regulatory enforcement entities were interested, they would simply shut the motorcycle retail facility down.

I asked the sales person if they had a display rack of aftermarket exhaust mechanisms and he replied: “No, there is no display case.”

I turned and walked toward the parts-counter and the first thing I noticed was a display rack filled with Vance and Hines illegal aftermarket exhausts for retail. Adjacent to the Vance and Hines display, near the isle leading to maintenance, was a display rack  full of Cobra aftermarket exhausts for sale.

The sales manager, or some form of management for the Harley Dealership, made an interesting comment about why law enforcement does not bother with writing illegally LOUD motorcycles. He grinned and said that there are so many police officers who ride illegally LOUD that nothing would be done – the manager for Harley spoke of the number of officers that rode illegally LOUD in the Fort Smith area on non-compliant LOUD motorcycles and the “club” – “Gang” affiliation of law enforcement groups in the area…

public guardians
Note the illegal Vance and Hines on the law enforcement affiliated motorcycle…

These salesmen and management, though they read the law for themselves, were not concerned in the slightest and as I exited the Harley Dealership as it was closing for the evening, the sales manager or upper management that I had spoken with a few minutes earlier rode off on an incredibly LOUD Harley with what he referred to as RC (?) aftermarket exhausts…this guy was LOUD and exited the Dealership with not a care or concern about the people he was assaulting or the quality of life of the citizens he would disrupt and destroy on his commute back home.

My day at the Harley Dealership,

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

The “Truth” about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

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

for FB coverme at lubys

Modified Motorcycle Exhaust “Power Point” Enforcement Strategy for Law Enforcement

A workable enforcement strategy for local and state law enforcement searching for viable options to countering the exponential growth of illegally modified, illegally equipped, illegally LOUD motorcycles on our public roadways.  The following Power Point presentation only requires that relevant State laws and local ordinances be inserted into the program where applicable.  “Thank You” to every law enforcement entity that endeavors to intercede on behalf of the millions of vehicular noise beleaguered citizens in the United States.

Power Point Presentation

https://1drv.ms/p/s!Aux9H6ZL5f4mgypyD45HZLoLfkCZ

Note: The Modified Motorcycle Enforcement Guide – Power Point was created and graciously shared by a concerned citizen who wishes to remain anonymous though his local and state law enforcement entities are certainly appreciative of his work and tenacity in tackling the out-of-control vehicular noise debacle on our public roadways.  Thank you!


General Form Letter 

for the

Department of Environment (US EPA – State – Local)

https://1drv.ms/w/s!Aux9H6ZL5f4mgy2a_CPAFS9W60s_


Article: The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Thank you,

Rick Holtsclaw, Houston PD/Retired

Concerned Citizens Against Loud Motorcycles Concerned Citizens Against Loud Motorcycles – Facebook

for FB coverme at lubys

 

 

Glorifying Biker Gangs – I Don’t Think So!

Article: Outlaw Motorcycle Clubs

********************

Response to article by Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles – Facebook

for FB cover

As a retired law enforcement officer who worked as a patrol officer for over 31 years, I certainly would like to put-down my two-cents worth relevant to this article of praise and adoration for the thuggery of the 1%’er’s and their illegitimate brethren, the want-a-be Loud Biker Cult[ure]. I’ll sincerely make an attempt at brevity and succinctness; therefore, let’s discuss a few of the “high” points…

police kawasaki

(1) You said: “An Outlaw Motorcycle Club is a very unique society of very few men who choose to be a part of something bigger than themselves and a brotherhood beyond any that cannot be found elsewhere.”

Response: An Outlaw Motorcycle Club is an antisocial group of rebellious men and women who have opted to pursue hedonism in obedience to their base-nature. Biker gangs i.e. the 1%er’s, are a product of the 1960’s counter-culture, anti-government, anti-establishment ideology. The “hippies” took the road to “peace and love” while the formation and coalescing of the biker-gangs from the post war era internalized rebelliousness and took the low-road of violence, turf warfare, drug dealing/money laundering, cop killing, rioting – VIOLENCE!

This very same hedonistic, machismo-thuggery is alive and well today and it is also the “facade” so endearing to the Loud Biker Cult[ure] polluting our roadways on their illegally equipped/illegally LOUD motorcycles while dressed to intimidate and garner attention like a hormone laden sixth-grade girl…men and women who dress, tat and talk like the biker thugs of the 60’s but are more of a pathetic, embarrassing facade i.e. more of a LOUD biker-“bully” want-a-be than the real-deal. How dare you glorify these criminals and thugs! Why is it that the outlaw biker gangs are on almost every federal watch-list and BATFE/FBI surveillance of their activities is a never ending form or federal law enforcement protocol?

vagols-mongols-and-outlaws

(2) You said: “The earliest form of Outlaw was Jesus Christ himself, it’s because Jesus didn’t fit into the religious mold, or the government mold like the other 99% of society. Jesus and his followers were the 1% that didn’t “bow down” to the worlds ways.”

Response: What version of God’s word have you been reading and what particular form of hallucinogen were you consuming at that time? Jesus was NOT an outlaw – Jesus was the “fulfillment” of “the law,” the epitome of the moral law and the codes that derived their genesis from that “moral” law. Even Pontius Pilate, at the execution trial of Messiah, clearly stated that he could find NO FAULT in the man – Jesus called the Christ…and refused to pass sentencing. In fact, the Jewish leaders were forced to perjure themselves in order to pursue the execution of Jesus. Shame on you for referring to my Lord as an Outlaw and comparing him to a 1%’er thug biker!

images

(3) You said: “Many people will disagree with the importance of Outlaw Motorcycle Clubs. This is largely due to the lack of understanding and positive exposure to what these clubs do for our communities and some will dispute the negative claims while maintaining the integrity of their beliefs of the OMCs.”

Response: As I read through your pathetic defense of biker thuggery, I see that you are referring to the philanthropic and patriotic deeds of the LOUD biker cult[ure]. How naive to think that the arrogant, intrusive, unlawful, hedonistic, irresponsible, facadic intimidation of the Loud Biker Cult[ure] can be deferred or declared socially acceptable by the “good works” of a few who wear the leather and ride a motorcycle. I have published a video on this very subject titled: “Philanthropy or Thuggery” at: https://www.youtube.com/watch?v=dCvd-j6yMMM – in this video I discuss the hypocrisy of BACA, the Patriot Guard, the “Christian Biker” heresy and American Veteran biker organizations as well as the “Good Old Boys.”

child holding ears loud motorcycle cropped

I will stop at this point knowing that most won’t read what I’ve written already – but shame on you for glorifying biker thuggery in a society that has obviously lost its way morally and ethically as we’ve succumbed to the destructive ideology of Moral Relativism – the perfect sociological platform for the Loud Biker Cult[ure] and their associated embarrassing thuggery on our roadways and within our communities – hedonistic obsessed men and women who have unwittingly entangled themselves in the web of the powerful and influential “Group Dynamic.”

if it feels good do it biker creed

Sorry, but after policing the Loud Biker Cult[ure] for years and seeing the behavior, the vulgarity, the violence, the arrogance and antisocial conduct of the LOUD Biker Cult[ure] and the Outlaw Biker Gangs – I KNOW BETTER and though your article does contain historical truth, your premise is unsustainable and shameful! Men and women riding around on our roadways and within our communities dressed like thugs on illegally LOUD, illegally equipped motorcycles – audibly assaulting our children, our elderly, our handicapped, our families – there are no “good works” or words of glorification that can atone for their unlawful, intrusive, irresponsible behavior…if it quacks like a duck, walks like a duck, looks like a duck – – – it’s probably a duck!

ride loud ride proud

One final note: In all of my 31+ years of dealing with societal thuggery, the very best probable cause for a patrol officer is an illegally LOUD biker or illegally LOUD auto/truck operator. I discovered that the personality-type that, with intent, modifies a motor vehicle to make illegal-senseless-irresponsible NOISE, then uses that noise to audibly assault our children, our elderly, our handicapped – this personality-type is very likely to offend in other areas of the criminal law; therefore, any patrol officer that will take the time and initiative to police the LOUD Biker Cult[ure] will, more often than not, experience a dramatic rise in their “warrant” arrest statistics – in other words, vehicular NOISE enforcement is simply good police work!

revving-motorcycle-loud thug biker with cigarette little girl at the 2016 steel horse rally

Video: History of the Loud Biker Cult[ure]: https://www.youtube.com/watch?v=-An-BYGMrIk

Article: The “truth” about loud motorcycles the police won’t or can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Article: Warning: Motorcycle Rights Organizations seeking “protected class” status for motorcyclists: https://rickeyholtsclaw.wordpress.com/2016/05/01/warning-motorcycle-rights-organizations-seek-protected-class-status-warning/

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

me at lubys

The TRUTH About Loud Motorcycles, Automobiles, Trucks, the Police Won’t or Can’t Tell You

Author: Rickey D. Holtsclaw, Houston PD/Retired

Updated: 17 January 2026

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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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SOUND IS ENERGY – A physical assault
“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. ” http://home.uchicago.edu/~mstaisch/Sharad/papers/Legislative%20Aspects%20of%20Noise%20Pollution.pdf

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Illegally LOUD motor vehicles and Patriotic Conservatism? Hypocrisy defined!

As a Christian Conservative, former US Marine Infantryman, retired 31-year veteran of the Houston PD, I choose to stand in defense of the mom, the child, the elderly, the handicapped, our families, throughout the United States who are abused, harassed, threatened, intimidated, by a narcissistic, disrespectful, arrogant, lawless, segment of our mentally and spiritually ill American society; that is, those who choose to illegally modify a motorcycle, automobile, truck, to emit vehicular NOISE greater than the legal, relatively quiet, safe, OEM factory-installed muffler in violation of the protective intent of CFR 40 Part 205 enacted for the protection of the health and welfare, daily quality of life, of the American citizen.

There is absolutely NOTHING “conservative” or “patriotic” about abusing America’s most innocent with illegal vehicular NOISE. Though the US EPA, both Bush administrations, Bill Clinton, the Obama—Biden and Trump administrations, state leadership, and their law enforcement community have miserably failed the vehicular-noise-beleaguered citizen, I choose to stand against America’s narcissistic bullies who offend and mock the laws enacted to protect our most innocent from the physiological and psychological harm done through the unencumbered operation of illegally LOUD, illegally equipped motor vehicles operated on America’s public roadways.

Though our representatives are compromised by their subservience to vehicular noise lobbyists, and though our law enforcement community is compromised by its participation in the Loud Vehicle Cult[ure], both in an on-duty and off-duty status, I choose to stand, and if my stance is offensive to you, so be it. You who advocate for the vehicular noise abuse of our most innocent are mentally and spiritually ill thugs. Those who remain silent while our most innocent are abused daily and nightly by vehicular noise terrorists, if you’re uninformed, please get informed and get involved by speaking out and contacting your representatives; if you’re informed and knowledgeable and you do nothing, you are a coward. Vehicular NOISE abuse is out of control in the United States; it’s time the narcissistic vehicular noise bully be stopped!

” Steel Horse Motorcycle Rally, ” Fort Smith, Arkansas….child protecting her ears due to the unlawfully loud motorcycles in attendance…shame on her parents, but more shameful are those who abuse this child with illegal motorcycle noise and the Mayor and the Governor and the Attorney General who not only allow it but prostitute themselves with the vehicular NOISE thugs via “Biker Rallies” and “Car Shows” for tax revenue and the city coffer while the innocent tax-payer suffers.
Arkansas AR Code § 27-37-601 requires the relatively quiet factory installed muffler or one duplicating factory specifications, part (b) of this statute prohibits the sale/retail of aftermarket exhausts in Arkansas that do not comply with quiet, factory installed muffler specifications yet Governor Sanders and her Attorney General, the Arkansas State Police, do absolutely NOTHING to enforce these laws enacted for the protection of the citizenry in Arkansas. This is misfeasance, malfeasance, nonfeasance by Arkansas’ public officials! Governors, Mayors, State Attorneys General, State Law Enforcement Officials, across the United States are as guilty of nonfeasance as Arkansas’ leadership; this, as vehicular noise thugs rule our roadways and abuse the American citizen with impunity.

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Aggressive Driving and Illegal Vehicular NOISE – a deadly inextricable link ignored by law enforcement – WHY?

Are our Federal and State Legislators; our Governors and their State Attorney General; our Mayors and City Councils; our County Commissioners, financially compromised with the illegal Aftermarket Exhaust manufacturing Industry, Motorcycle “Rights” Organizations, their lobbyists? Is political greed, graft, compromise, circumventing enforcement and consequently destroying our daily quality of life, recklessly endangering our health and welfare?

Why can’t those in positions of authority, leadership, legislation, enforcement, recognize the causal, inextricable, link between riding and driving illegally LOUD and aggressive, dangerous, driving behavior on our public roadways that far too often results in serious injury or a fatality?

Fact: Driving-Riding illegally LOUD is inextricably linked to aggressive driving behavior. Stop the illegal vehicular NOISE = substantial reduction in aggressive driving = exponential reduction in traffic fatalities.

Question/Discussion,

It is beyond reasoning and understanding why those responsible for providing protection, intercession, from aggressive vehicular thugs, those who seek to abuse the American citizen with illegal vehicular NOISE and aggressive driving behavior cannot discern the undeniable link, cause and effect, between deadly aggressive driving behavior and illegal vehicular NOISE.

If those tasked with providing protection for the American citizen operating a motor vehicle upon America’s public roadways would take the initiative to ensure, mandate, enforcement of Federal, State and Local vehicular NOISE laws, serious traffic accidents and traffic fatalities would be greatly reduced.

If those tasked with providing the American motorist protection would mandate that law enforcement employ illegal vehicular NOISE as lawful “probable cause” for a stop and investigate as per “Aaron C. Aguilar v. State of Texas (2008),” the overwhelming majority of those who drive and ride aggressively on our public roadways would be stopped, cited, their names entered into a Federal, State, database with a permanent record useful for future critical traffic oriented incidents, liability and license suspensions/revocations.

Example: https://youtube.com/shorts/yHwILWBnyfg

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The spiritual and philosophical aspects of riding and driving illegally LOUD… 

The WHOLE DUTY OF MAN is to know and love his/her Creator, as introduced in Genesis 1 and John 1 of the Holy Bible.  

The WHOLE DUTY OF MAN is to LOVE and HONOR Elohim, the Father, Son and Spirit with one’s whole heart, strength, mind, and body.  

The WHOLE DUTY OF MAN is to love and support and show respect for one’s neighbor, the whole of humanity within their sphere of influence; that is, those created in the spiritual image of Elohim. 

The destructive, illegal, selfish, narcissistic, proudful, and arrogant act of riding and driving illegally LOUD is abusive behavior that destroys daily quality of life and recklessly endangers the health and welfare of the most innocent in society; therefore, riding and driving illegally LOUD offends our Creator and elicits His divine wrath in response to the abuse of His children, those who trust in Him for protection, provision, and eternal life; therefore, Elohim will not be mocked, and those who abuse society’s most innocent via vehicular noise abuse will most certainly reap what they are sowing.

LOUD Biker, Auto and Truck operator, why not be a gentleman and strive to do no harm? Why not ride and drive with the legal, regulated, tested, approved, safe, 80dB(A), factory-installed OEM muffler designed specifically for your motor vehicle as per CFR 40 Part 205 and thereby honor and respect your fellowman and his family, the elderly, our handicapped, our children? Why not strive to do no harm and show kindness, respect, honor, dignity, to your fellow American citizens?

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Today’s vehicular NOISE abuse is Yesterday’s smoking in public places – and – just as physiologically injurious to the cardiovascular system relevant to stress related illnesses 

Today’s vehicular NOISE is yesterday’s smoking in public places. Educating our local, county, state, legislators concerning the physiological harm done and the destruction to daily quality of life can change things and lobbying our representatives at the federal level can initiate financial coercion upon the states to comply with CFR 40 Part 205, motorcycle muffler labeling and safe 80dB(A) mandates delegated to the States by Congress for enforcement. Doing NOTHING ensures failure….at least make a stand for what is right and protect our most innocent from vehicular NOISE abuse.

Noncompliant aftermarket exhausts on motor vehicles operating in violation of CFR 40 Part 205 and State muffler laws that mirror the protective intent of the Code of Federal Regulations DO NOT belong on our public roadways but on closed-course racing environments ONLY.

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/

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Physiological Dangers of Unregulated Motor Vehicle Noise

Please, 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

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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/

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Illegal Vehicular Noise – A Nationwide Plague upon the American Citizen – Solutions?

Protection is the number-one responsibility of Government. The US Congress delegated authority, responsibility, concerning enforcement of the protective intent of US EPA CFR 40 Part 205 to the individual States, the Governor, State Attorney General, State Law Enforcement, Local Law Enforcement. Pervasive evidence spanning the previous forty-years confirms that State and Local enforcement relevant to abusive, illegal, vehicular NOISE has been an abysmal failure. What can be done?

 
  1. The US Congress and the US EPA must pass legislation restricting or denying transportation funding/grants to any State that refuses to aggressively enforce violations of the protective intent of CFR 40 Part 205 of the Code of Federal Regulations as it pertains to vehicular noise emissions and labeling of mufflers. CFR 40 Part 205, vehicular noise restrictions requiring total vehicular noise emissions not exceed a relatively safe 80dB(A) for street-use motorcycles, automobiles, light-medium duty trucks. 
  2. The US Congress and the US EPA must pass legislation requiring States to initiate an annual vehicular safety inspection program and as part of that vehicular safety inspection, the muffler/exhaust mechanism affixed to those vehicles undergoing inspection must be examined for compliance with the protective mandates of CFR 40 Part 205. State Law, relevant to motor vehicle mufflers and noise emissions, must be worded with legal elements that conform to the OEM-factory installed mandates of CFR 40 Part 205; this, in compliance with the Supremacy Clause of the United States Constitution. 
  3. The US Congress and the US EPA must demand that the States take civil and criminal action against those companies who manufacture, distribute, retail, install, aftermarket exhaust mechanisms for motor vehicles; specifically, those motor vehicles to be operated upon the public roadways of the United States, that do NOT conform to the safety mandates of CFR 40 Part 205 concerning NOISE energy emissions and proper labeling of mufflers for street-use motorcycles. Any exhaust manufacturer refusing to comply with CFR 40 Part 205 should be civilly sued into insolvency and criminally charged relevant to their contributions to the vehicular noise abuse of the American citizen.  Illegal vehicular noise is sound energy and is a physical assault upon the American citizen that destroys daily quality of life and recklessly endangers the health and welfare of anyone exposed to same.
  4. The US Congress and US EPA, as part of their agreement with the States concerning transportation funding/grants, must insist that the operators of illegally equipped motor vehicles, illegally LOUD motor vehicles in violation of CFR 40 Part 205, be subject to a progressive increase in fines with continuing violations resulting in arrest, incarceration, impoundment of the noncompliant vehicle until such time arrangements are made to return said vehicle to an OEM-factory installed condition.
  5. The US Congress and US EPA must provide oversight relevant to Governor and Mayoral prostitution, graft, misfeasance, malfeasance, compromise, with members of the LOUD Motorcycle, Auto, Truck, Cult[ure] where State and Local Government leadership invites into their State and/or Municipality operators of illegally LOUD motor vehicles for shows, rallies, where the citizenry of those States, Municipalities, are audibly abused, day and night, by the attendees operating motor vehicles that do not comply with the protective intent of CFR 40 Part 205 and applicable State muffler laws relevant to vehicular noise emissions.  
  6. Every State must acknowledge a law enforcement officer’s legal right to use suspected illegal vehicular NOISE as lawful “probable cause” to stop, cite, investigate the operator of said suspect vehicle; this, in accordance with Texas Court of Appeals case “Aaron C. Aguilar v. State of Texas (2008).” https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html      Aaron C. Aguilar v. State of Texas (2008) does provide a law enforcement officer the authority to determine what is “excessive and unusual noise” emanating from a motor vehicle.
  7. The US Congress and US EPA can easily expedite State enforcement of State muffler laws duplicating the protective intent of CFR 40 Part 205 (80dBA) by mandating an inspection muffler label for all compliant mufflers as currently required for motorcycle mufflers on street-use motorcycles. Stamping, heavily embossing, a US EPA muffler label in a readily visible location for inspection by enforcement officials will act as prima facie evidence of a muffler’s compliance. Of course, tampering will remain a concern as will illegal products inserted into the exhaust mechanism such as Flowmaster, Magnaflow, BORLA, exhaust inserts. Tampering and illegal inserts are easily discernable due the sound energy emitted by the offending exhaust mechanism. Currently, manufacturers of illegal aftermarket exhaust mechanisms are distributing “sound-on/sound-off” options that allow an operator the ability to manipulate noise emissions on the fly thereby concealing their illegality when law enforcement is present.  

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

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The Law – CFR 40 Part 205

Subpart B—Medium and Heavy Duty Trucks

§ 205.52 Vehicle noise emission standards. 

(a) Low Speed Noise Emission Standard. Vehicles which are manufactured after the following effective dates shall be designed, built and equipped so that they will not produce sound emissions in excess of the levels indicated. 

Effective date Level 
(i) January 1, 1979 83 dBA. 
(ii) January 1, 1988 80 dBA. 

(b) The standards set forth in paragraph (a) of this section refer to the sound emissions as measured in accordance with the procedures prescribed in § 205.54-1,2

(c) Every manufacturer of a new motor vehicle subject to the standards prescribed in this paragraph shall, prior to taking any of the actions specified in section 10(a)(1) of the Act, comply with the other provisions of this subpart or Subpart A, as applicable. 

Motorcycles

§ 205.152 Noise emission standards. Motorcycles 

(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 

Motorcycle Labeling Requirements

§ 205.169 Labeling requirements. Motorcycles 

(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 motorcycles 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.

 

Acoustical Assurance Period

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.

State Muffler Law and the Supremacy Clause 

State Law, Municipal Ordinances, relevant to vehicular muffler law, proper wording of elements, must adhere to the Supremacy Clause of the United States Constitution. The “Cliffs Notes” version of the Supremacy Clause mandates that State Law cannot be more lenient or permissive than Federal Law. As pertaining to vehicular noise enforcement and State Law, the State Traffic Code cannot be more lenient than what is mandated by the Code of Federal Regulations (CFR) 40 Part 205.  

Many of the States require one or both of the following: “to prevent excessive or unusual noise” or “factory installed muffler.” With the Supremacy Clause in view, it is reasonable to suggest that a legal element requiring a muffler affixed to a motor vehicle “to prevent excessive or unusual noise” would be similar or identical to one requiring “the factory installed muffler;” this, due to the fact that the US EPA has clearly defined what is excessive or unusual noise by requiring a muffler that prevents sound energy emissions greater than 80dB(A). What is excessive and/or unusual noise emanating from a motor vehicle? Answer: Any motor vehicle louder than OEM, factory installed and this differentiation is easily made with the human ear by any law enforcement personnel with at least a modicum of experience in traffic enforcement or patrol. 

Though some States convolute their muffler statutes and make them unnecessarily difficult or impossible to enforce due strict decibel limits, sound testing parameters, these States, for all intents and purposes, are in violation of the Supremacy Clause as it pertains to CFR 40 Part 205. How does a State know that their sound meter testing requirements coincide with the strict 80dB(A) mandate of CFR 40 Part 205 which is tested through the SAE J331a Full Throttle Motorcycle Testing Procedure? Requiring law enforcement to employ a sound meter in order to establish probable cause for a stop, cite, issuance of a citation or physical arrest and impoundment of the offending vehicle, ultimately results in nonenforcement due to costs, logistical problems with testing sites, sound meter certification requirements and certification of law enforcement in sound meter operation; this, in order to legally employ a sound meter device that adheres to adjudicatory requirements. Sound meter mandates for vehicular noise enforcement is fertile ground for defense attorney objections and case dismissals. This is nonsensical and completely unnecessary.  

Aaron C. Aguilar v. State of Texas (2008) nullifies “void for vagueness” concerns by providing a police officer in the United States probable cause to stop, cite, investigate, any operator of a motor vehicle that said officer believes is in violation of State AKA Federal noise emissions law AKA any sound energy emitted by a vehicle that is LOUDER than what the OEM-Factory Installed muffler suppresses. It is lawful for a law enforcement officer to stop, investigate, cite, any operator of a motor vehicle that is emitting sound levels in excess of the OEM-Factory Installed muffler based solely on the officer’s professional opinion concerning what is excessive or unusual. Truth be told, even a child can differentiate the noise emissions from a legal, OEM factory-installed muffler and an illegal aftermarket exhaust. During my enforcement years with the Houston PD, I maintained a 99.9% conviction rate for all vehicular noise citations issued based solely on my observations and professional opinion that the motor vehicle in question was emitting sound energy that was “excessive and unusual.” If the exhaust under investigation was considered questionable, I did not cite the operator. I was blessed with a Magistrate that understood Houston’s City Ordinance (30-3) and the Texas State Law (547.604) and the legal element of “to prevent excessive and unusual noise.”  

It is my professional opinion that should any State desire to employ sound meter testing protocol into their State Law concerning vehicular noise enforcement that they take advantage of the SAE J2825 Stationary Testing Procedure which I believe closely duplicates what the more extensive and costly SAE J331a procedure produces which is required by the US EPA for testing noise emissions for all street-use motorcycles seeking US EPA authorization/certification. It is my professional opinion that the US EPA could resolve vehicular noise enforcement legal questions by embossing, labeling, all compliant, OEM-factory installed, mufflers for motorcycles as well as automobiles and trucks. An inspection label clearly and easily accessed by enforcement on motor vehicle mufflers, like those required for motorcycle mufflers, would serve as prima facie evidence relevant to the muffler’s legality. Tampering and illegal muffler inserts like the MagnaFlow, Flowmaster, BORLA, inserts into a muffler’s exhaust system are easily identifiable through sound emissions and visual inspection.   

As a final note, concerning motorcycle noise enforcement, it is prima facie evidence that a muffler affixed to a street-use motorcycle that is absent the required US EPA muffler label is operating illegally LOUD and is in violation of applicable State and Federal Law; of course, the inspecting officer should be on guard concerning tampering and altering of the OEM-factory installed muffler making it illegally loud; tampering that involves the removal of baffling or manipulating the OEM muffler’s internals though discreet cutting and welding. Spotting tampering of OEM-factory installed mufflers can be an art and comes with experience in such enforcement but differentiating sound emissions between the OEM-factory installed muffler and an illegal aftermarket exhaust is obvious as the illegal noise emissions of an OEM-factory installed muffler that has undergone tampering. 

How are illegal, noncompliant, manufacturers like “Big Dog” motorcycles allowed to exist in the United States? Where is our US Attorney General and the US Environmental Protection Agency?

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Attorney General Pam Bondi, US EPA Director Lee Zeldin, why are these illegal, criminally conspiratorial, manufacturers, distributors, retailers, installers, of illegally LOUD, noncompliant, aftermarket exhaust mechanisms, and hundreds if not thousands like them, allowed to thrive and prosper in the United States? CFR 40 Part 205 violations!

Valvetronic Exhausts” – see video here: https://youtube.com/shorts/JTY41beQ-s4

“VF Engineering” – see video here: https://youtube.com/shorts/wmt1MrOHWkM

“Fabspeed Motorsport” – see video here: https://youtube.com/shorts/-3Wr9hwvpzc

“AWE v. Borla v. Corsa v. Paragon” – see video here: https://youtu.be/mqqceJoZ6ys

“DRP Motorsports” Installing Kooks headers/aftermarket exhaust – see video here: https://youtube.com/shorts/XZ5lPQBZTBc

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Biker Gang Activity – Effectively Castrating the Bane of any civil society

If the United States Federal Government, the FBI, DEA, ATF, HSI; If a State Law Enforcement entity, Department of Public Safety, Highway Patrol, desires to SHUT DOWN Biker Gang criminal activity, the most expedient solution is employing “illegal motor vehicle noise” as lawful probable cause for a STOP and INVESTIGATE, cite the LOUD biker for violations of State Muffler Law, State Law which mirrors the protective intent of CFR 40 Part 205; then, impound the offending vehicle and maintain custody of the illegally equipped motorcycle until such time arrangements are made to return the noncompliant vehicle to an OEM, Factory Installed, legal, condition i.e., a factory installed, quiet, safe, muffler system that is properly labeled and affixed to said motorcycle.

Biker Gangs in the United States, and Biker Gangs around the World, worship at the throne of narcissism which is under girded and exemplified primarily by their illegal motorcycle NOISE accompanied by a silly façade of false bravado, vulgarity, hedonism, arrogance. Motorcycle NOISE is the GOD of the Biker Gang member, take that away, humble the Biker Gang Member by arrest and impounding their god, you will essentially castrate the Biker Gang’s raison d’etre.

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

Vehicular “NOISE” as probable cause for stop: https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html

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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, LOUD auto and truck, bully, into our home, places of work, worship, education and recreation?

4) To those who ride and drive illegally LOUD. Why can’t you humble yourself, obey the federal and state muffler laws enacted for the protection of the whole of society? Why can’t you be kind and thoughtful, respecting our children, our elderly, our handicapped, our families, by riding and driving lawfully with the quiet, safe, 80dB(A) OEM factory-installed muffler?

loud-bike-no-front-brakes

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Vehicular NOISE as lawful Probable Cause for Law Enforcement – A GOLD MINE OF OPPORTUNITY

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.

Also, very relevant to Law Enforcement, a police officer does NOT need a sound meter device to enforce motor vehicle noise laws where the State Law elements include universal verbiage such as “to prevent excessive or unusual noise” or the law requires the “factory installed muffler or a muffler that duplicates the sound suppression requirements of the factory installed muffler.” See: Texas State Court of Appeals case “Aaron C. Aguilar v. State of Texas (2008).” https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html 

During my vehicular noise enforcement initiative in Houston, Texas, I was not permitted to employ a sound meter device for enforcement as the legal elements for same were not present in City Ordinance 30-3 nor were the legal elements present in Vernon’s Civil Statute, Texas 547,604. Though I made a request to employ the SAE J2825 Stationary Sound Meter Test for evidentiary testimony enhancement at trial, my Department would not authorize it; fortunately, I was blessed with a caring and concerned Magistrate who understood the legal ramifications of “Aaron C. Aguilar v. State of Texas (2008)” and confided in my professional experience and my ability to discern obvious violations of Ordinance 30-3 and Texas 547,604 which resulted in a 99.9% conviction rate on all vehicular noise violations brought before the Court.

The LOUD Biker Cult[ure] and their supporters, like the “Motorcycle Riders Foundation” in Washington D.C., were so enraged by my vehicular noise enforcement initiative that extra security was required in my court hearings to protect me from the biker cult that sat behind me awaiting adjudication before the Court. Despite my Department’s WOKE cowardliness and fears of civil retribution by the LOUD biker cult[ure] and various biker organizations around the United States, it was possible to cite, arrest, convict, the LOUD vehicle abuser using vehicular NOISE as probable cause for the stop; this, void a sound meter device.  Vehicular NOISE is an incredibly lucrative form of PC for law enforcement that is sorely and shamefully overlooked by most patrol and enforcement officers.     

Aaron C. Aguilar v. State of Texas (2008) does provide a law enforcement officer the authority to determine what is “excessive and unusual noise” emanating from a motor vehicle apart from sound meter devices.   Any competent, relatively experienced, law enforcement officer can easily discern or differentiate noise emissions from a legal, quiet, factory installed muffler from NOISE emitted by an illegally LOUD aftermarket exhaust or an exhaust system that has been interrupted by an illegal “FlowMaster,””Borla” or “Magnaflow” type device or a slip-on aftermarket canister on motorcycle exhausts.  Also, motorcycle muffler labeling requirements as per CFR 40 Part 205 is prima facie evidence of a motorcycle muffler’s legality or illegality. KNOW THE LAW!

Rick Holtsclaw, Houston PD/Retired

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

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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.

STOP SAYING LOUD PIPES SAVE LIVES: https://www.revzilla.com/common-tread/stop-saying-loud-pipes-save-lives

Loud Pipes Save Lives is a “safety myth” according to a new studyhttps://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

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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) as per CFR 40 Part 205 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.

epa-muffler-label

epa-frame-label

The United States Congress…

Seal_of_the_United_States_Congress.svg

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

(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.
To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

(a) The 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;
 
(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and
 
(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.
 
 

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Riding and Driving LOUD – A form of Mental Illness

A man or woman who chooses to remove or alter the legal, relatively quiet, safe, factory installed muffler on their motor vehicle, a muffler that conforms to the protective mandates of Code of Federal Regulations CFR 40 Part 205 and replace that legal muffler or illegally tamper with the sound suppression qualities of that muffler to make same LOUDER; then, proceed out onto a public roadway and, with intent, abuse, bully, children, the elderly, the handicapped, our families, with that illegal vehicular noise, this antisocial behavior is indicative of a mental and spiritual illness rooted in unrestrained narcissism, selfishness, disrespect, for the American citizen; with emphasis, disrespect and disregard for the health and welfare of our most innocent.  A choice made to engage in conduct that destroys the daily quality of life of millions, a behavior that criminally audibly-assaults children, our families, with illegal vehicular noise energy is indicative of a serious mental illness in which law enforcement is obligated to intercede.

 

Playing “dress up” as an adult?

During my many years of riding motorcycles for pleasure, commuting, touring, riding professionally as a motorcycle officer, I observed a rather humorous yet sad phenomenon prevalent within the LOUD Biker Cult[ure] and that is the embarrassing act of playing “dress up” in order to ingratiate oneself with those who worship vehicular NOISE as a form of religious icon and tool of intimidation.  Young and old alike, men-women, donning  organizational or gang colors affixed to leather jackets, arms-chest-neck-face-hands-legs tatted with demonic, radical, images of narcissistic nonsense. A “look” of “badass” ever present upon their face with vulgar, LOUD, language to bolster the “thug gang” façade; these, destroying daily quality of life for millions, recklessly endangering our most innocent physiologically with intrusive, illegal, NOISE; this, void remorse or reflection. 

For those law abiding motorcycle riders who seek to respect the sport of motorcycling, the LOUD Biker Cult[ure] is an ever present embarrassment. The Loud Biker Cult[ure] is an ever present example of what parental failure manifests in our society and what law enforcement apathy and compromise perpetuates. 

Further evidence of mental illness prevalent among the LOUD vehicle cult in America

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: 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 JihadFuck 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.

Loud Biker CommentScott 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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Using illegal vehicular NOISE as an instrument of assault

I can’t recall the number of times I have walked along a public pathway adjacent to a public roadway in a municipality or nature park when vehicular noise thugs operating an illegally equipped, illegally LOUD truck, automobile, motorcycle, have intentionally revved their motor to incredible dB(A) levels and abused, assaulted, my wife, children, the general public, with physiologically dangerous NOISE energy; this, simply to intimidate and terrorize. This too is a form of mental and spiritual illness that unfortunately goes unaddressed by our law enforcement community, law enforcement who is ignorant of state and federal muffler laws, muffler law enforcement, they are far too compromised, lazy, apathetic, to intercede on behalf of the vehicular noise beleaguered citizenry.

Vehicular noise abuse has become so prevalent within American society that an uninformed, unsuspecting, unaware, public, naively believes intrusive and physiologically injurious motor vehicle noise is legal, acceptable, while this same naïve populous suffers ever increasing rates of cardiovascular stress related illnesses and destruction to daily quality of life…a direct physiological consequence of unregulated, unencumbered, illegal motor vehicle noise on America’s public roadways.  

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A brief word about Motorcycle Rallies in the United States

Motorcycle rallies are illegal due to violations of CFR40 Part 205 as 80%+ of the motorcycles present at these rallies are illegally equipped, illegally LOUD, in violation of the 80dB(A) total noise emissions mandates (SAE J331a testing procedure) and these aftermarket exhausts are absent the required labeling mandated by the US EPA.
Mayors and Governors and law enforcement officials who prostitute, compromise, themselves with the Loud Biker Cult[ure], Loud Auto and Truck Cult[ure], at the expense of the health and welfare, daily quality of life, of the citizens audibly assaulted, abused, by these narcissistic morons should be civilly sued and criminally indicted.
STOP ABUSING THE INNOCENT TAX-PAYING CITIZENRY AND THEIR CHILDREN WITH ILLEGAL MOTOR VEHICLE NOISE IN ORDER TO SUPPLEMENT YOUR MUNICIPAL AND STATE COFFERS WITH TAX REVENUE ILLEGALLY GARNERED FROM ABUSIVE VEHICULAR NOISE THUGS WHO AUDIBLY ASSAULT, ABUSE, CHILDREN, THE ELDERLY, OUR HANDICAPPED, OUR FAMILIES! 

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To the Vehicular NOISE Thugs who cite “We the people” as a defense to their abuse of the American citizen…

“We the people” defends the rule of law, the Bill of Rights, the enactment of laws that are in the best interest of the whole, not a narcissistic hoard of NOISE thugs who illegally modify their motor vehicle to emit dangerous noise levels and use same to destroy daily quality of life and recklessly endanger the health and welfare of the majority. It’s obvious that “civics” is no longer emphasized in American education and it’s obvious that Jesus and loving one’s neighbor is absent in the heart of those who ride and drive illegally LOUD.

CFR 40 Part 205 and State muffler laws that mirror same via the Supremacy Clause of the United States Constitution mandate that your vehicle operated on America’s public roadways emit no greater than 80dB(A) total noise energy emissions; this, for the protection of the “We the people” and you have no right, legal or moral, to abuse “We the people” with your unrestrained, selfish, narcissism! “We the people” have had enough of your bully and irresponsible behavior!

Continue reading The TRUTH About Loud Motorcycles, Automobiles, Trucks, the Police Won’t or Can’t Tell You

Townhall Meeting – Fort Smith

I met with the Mayor and Directors of Fort Smith, Arkansas last night, 5-5-15, after their regular City Business session.  During regular business, accolades were given relevant to the “great success” of the newly organized “Iron Horse Motorcycle Rally” henceforth deemed to be an annual event for the City of Fort Smith.  Almost immediately after the Directors and the Mayor praised the volunteers, the Police and Sheriff’s Departments, for their excellent work in the Iron Horse Rally, I was called forward to present my “subject of concern” for the “open forum” session.

Needless to say, I “rained on their parade” as I clearly articulated the fact that I had observed the exodus of their motorcycle rally as the loud “thugs” assaulted Van Burnen, Arkansas this previous Sunday, this, as I left Church and conducted personal business in that City. I explained the ramifications of permitting or inviting the “loud faction” of irresponsible “bullies” into their City and the disservice the Mayor and the Directors had done to the citizenry of Fort Smith by permitting the audible assault upon those they had a moral and ethical obligation to protect.

One Director asked if I had a problem with the loud bikers at the rally only, or vehicular noise in general, relevant to Fort Smith?  To which I respond, “Yes.”  I explained that one of the primary reasons I became a law enforcement officer was the fact that I have a visceral disdain for bullies and I assured them that those who operate an illegally equipped or illegally modified motorcycle are nothing less than “bullies, thugs, hedonist, narcissist” and care nothing for the rights of others…”the loud motorcycle thug thumbs his nose at the law and every citizen they assault with their noise and basically makes the statement, ‘I’m gonna do what I want to do and to Hades with the rest of you…I don’t care!'”

All-in-all, it was an interesting exchange of ideas and concerns.  They now understand why I earned the title of “Psycho Cop.”  As I was exiting the forum area, an elderly gentleman approached me and walked into the foyer of the building as I prepared to exit.  The obviously upset man told me that he rides a “Goldwing” and that he was offended by being called a “thug.”  I tried to explain that I was very clear in my presentation and my concerns were confined to ONLY those who ride loud. I explained that I had owned and operated some 31 motorcycles since I was 12 years old.  I had ridden professionally and had accumulated hundreds-of-thousands-of-miles on motorcycles; had I been referring to “all” motorcyclists in my dialog, I would have essentially called myself a thug! He wanted nothing but to argue and insisted that I had insulted him.  Over-and-over I tried to assure the man that my entire dialog with the Mayor and Council was focused ONLY on those who ride illegally…and it was!  Anyway, he left less upset and finally understood my concerns, stating that he agreed with me regarding the noise and behavior of the “Harley” riders but that I needed to differentiate my concerns more articulately.

With that said, this battle reminds me of the struggle activists faced as they went to war with “big tobacco.”  The multi-million dollar aftermarket exhaust industry; the expendable income of the loud motorcycle thugs; the successful motorcycle lobbyist faction; the public’s fascination with the “Son of Anarchy” facade; the political and financial influence of the motorcycle associations; the financial seduction that draws municipal leadership to compromise with the loud biker thugs and the revenue generated via biker rallies; the infusion of moral relativism and iconic tolerance within the American society combined with an overwhelming societal disdain relevant to speaking-out and standing in opposition to or buffeting the flow of mainstream consensus; these entities, in combination and in collusion…are a “Goliath” and an incredibly powerful foe to those of us seeking peace in an “unnecessarily” noisy world.

Now that I am near the end of my employment status with the Houston PD and have begun to actually “speak-out” publicly, I expect some form of backlash from my employer…it’s going to be interesting.  Subsequent to my meeting with Van Buren’s Mayor and Council last month and though I literally live “in the woods,” I’m hearing the thunder of bikers at the intersection of the paved-to-gravel road leading to my residence…has the harassment already begun?…we will see.

Thanks Noisefree,

Rick Holtsclaw

Arkansas’ Motor Vehicle Code (Presented to Ft. Smith Mayor and Directors)

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.

Police Chief and Bikes, Blues, BBQ Motorcycle Rally – Stop the NOISE!

Noise Free America

Fayetteville, Arkansas Police Chiefs: Failure to Enforce Anti-Noise Laws

January 18, 2016

Noise Free America: A Coalition to Promote Quiet
For immediate release

Contact:
Rick Holtsclaw
rickholtsclaw@yahoo.com

Larry Deal
Ld1958@yahoo.com

Ted Rueter
877-NOISE-NO
director@noisefree.org

Chapel Hill: Richard Watson and Greg Tabor, the past and current police chiefs of Fayetteville, Arkansas, have won this month’s Noisy Dozen award from Noise Free America: A Coalition to Promote Quiet for their role in promoting “Bikes, Blues, and BBQ,” a massive annual celebration of motorcycle noise. Held every September, the noisemaking event regularly attracts 400,000 motorcyclists blasting their loud pipes and revving their engine, creating a noise nightmare for the Fayetteville community.

Rick Holtsclaw is a retired, 31-year veteran of the Houston police department who placed an emphasis on noise enforcement. Holtsclaw states that “every once in a while I read a comment or editorial that takes me back in time when I first donned that shiny badge and shiny revolver. I was so proud! I remember the oath I took where I swore to keep my life unsullied by the world and my promise to serve the citizenry in accordance with local and state law and to respect the constitutional rights of every citizen.”

Recently, Holtsclaw came across two articles which reflected poorly on the law enforcement community. These articles centered on two Fayetteville, Arkansas police chiefs.

The first article was an historical overview of the infamous Fayetteville, Arkansas “Bikes-Blues-BBQ Motorcycle Rally” that takes place in the early fall of each year. The article, “Bike Rally Has Long History,” by Sidney Tursky, states: “It was the mid-1990s, and Fayetteville Chief of Police Richard Watson had just acquired his first Harley-Davidson motorcycle. Watson rode around the country attending rallies, and eventually decided that Fayetteville should have its own rally, said Joe Giles, executive director of Bikes, Blues & BBQ.”

While former Chief Richard Watson humbly denies the title “founder of the BBB Rally,” he played a significant role in its creation. Holtsclaw wonders if Chief Watson approves of the excessive, illegal motorcycle noise that is commonplace in biker rallies.

Also, Holtsclaw discovered a letter addressing the participants of that rally from Greg Tabor, the current chief of the Fayetteville Police Department. Chief Tabor states: “The biggest complaint the Police Department receives during the rally is loud pipes, especially in the evening and late night hours in residential neighborhoods. The Bikes, Blues, BBQ Motorcycle Rally is an important part of our local economy and we want everyone, residents and visitors alike, to have a safe and enjoyable time.”

To the casual observer, Chief Tabor’s letter to rally participants, though stern, suggests that the operation of a LOUD motorcycle on the roadways of Arkansas is permissible and somehow justified by the MONEY associated with the irresponsible behavior.  

Excessive noise is prohibited by both Fayetteville and Arkansas law. Parts (B) and (E) of Fayetteville’s motor vehicle noise ordinance are objective, easy to enforce, and do not require noise measurements. Arkansas’ state law prohibits the use of any muffler on a motor vehicle that does not conform to the specifications of the “factory-installed” muffler—a very quiet muffler, indeed! The state law is objective and enforceable, and does not require noise measurements. There is no excuse for local and state law enforcement officials to not enforce the noise laws.

What Holtsclaw finds rather ironic about Chief Tabor’s admonition for the participants of the BBB rally to behave themselves (in conjunction with his acknowledgment that “the biggest complaint the Police Department receives during the rally is loud pipes”) is the fact that Chief Tabor has done absolutely NOTHING about the thousands of illegally equipped, illegally LOUD motorcycles that are present at each year’s rally.

Holtsclaw recently submitted a Freedom of Information Act request to the Fayetteville Police Department requesting the number of vehicular noise citations written from April 1, 2015 to October 1, 2015 (the months that are inclusive of the Steel Horse Motorcycle rally in Fort Smith, the Hot Springs motorcycle rally, and the Bikes-Blues-BBQ motorcycle rally).

Holtsclaw’s request included vehicular noise citations written via the state law and/or any relevant ordinances. And how many citations for vehicular noise were issued by the Fayetteville Police Department over that six-month period? NONE! NOT ONE CITATION!!!

Holtsclaw states that “Chief Tabor has obviously compromised his integrity and the integrity of the Fayetteville Police Department. The Bible states that ‘the love of money is the root of all evil.’”

Larry Deal, a Noise Free America member, commented that “the city of Fayetteville and its Advertising and Promotion Commission sponsors the Bikes Blues and BBQ motorcycle rally. They encourage tens of thousands of motorcycles to converge on the city. With so many motorcycles gathering in one place, and given the penchant for many motorcycle owners to illegally modify their motorcycles, it is inevitable that there will be many excessively loud motorcycles. City leaders should not be encouraging excessive noise.”

Deal noted that “large motorcycle rallies are often very nasty, noisy affairs. The organizers of the Bikes Blues and BBQ motorcycle rally claim that the rally is ‘family-friendly’ and that nudity, lewdness, offensive clothing and gang activity so common in other motorcycle rallies is banned at this rally.’”

However, Deal observed, “the event features hordes of thunderous motorcycles with excessive noise emissions–the result of their owners illegally modifying their motorcycle’s exhaust system in violation of federal and state laws. Usually, noise ordinances are not enforced at such events—but they should be.”

According to Deal, “thousands of unlawfully loud motorcycles gathering in Fayetteville is not ‘family friendly.’ The Fayetteville Bikes Blues and BBQ motorcycle rally is a loud pipe nightmare for the citizens of Fayetteville and the entire surrounding area. It is nothing to be proud of.”

Rick Holtsclaw concluded that “because of the Bikes, Blues, and BBB rally, every municipality near Fayetteville suffers from dangerous, intrusive, and illegal decibel levels generated by tens of thousands of unregulated motorcycles operating in stark violation of Arkansas’ state muffler law.”

Noise Free America: A Coalition to Promote Quiet is a national citizens’ organization opposed to noise pollution. Past “winners” of the Noisy Dozen award include the Hot Springs Motorcycle Weekend, the Massachusetts Motorcycle Association and the Sturgis motorcycle noise festival.

Arkansas State Police – PLEASE Do Your Job!

[31 October 2015] LETTER TO DIRECTOR OF THE ARKANSAS STATE POLICE: Seeing that Governor Hutchinson refuses to respond to my concerns; seeing that Attorney General Leslie Rutledge has denied any jurisdiction, responsibility, culpability, relevant to my concerns and pointed her finger at the Arkansas Department of Environmental Quality; seeing that the Arkansas Department of Environmental Quality has denied any responsibility and has pointed the finger at the Arkansas State Police and Local Law Enforcement as culpable for the out-of-control vehicular NOISE debacle within the State of Arkansas, I have written Colonel Bill Bryant, Director of the Arkansas State Police, the following letter.

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Hello Colonel Bryant,

My name is Rick Holtsclaw, I am a retired 31 year veteran of the Houston Police Department and currently reside in the big City of Uniontown, Arkansas. I see from your biography that you served as a Police Officer at Sam Houston State University during the years I attended there seeking my undergraduate degree subsequent to a tour of duty with the United States Marine Corps. Congratulations on your impressive success in the Law Enforcement Community!

Colonel, for the past seven-years I have been in a battle of incredible proportions, a battle that rivals that of “big tobacco” of decades past. My last two-to-three years with the Houston PD and the years following have been consumed with my efforts to resolve a vehicular noise debacle that is completely out-of-control in our Nation. I will include, subsequent to this text, three of six videos I have recently published on Youtube relevant to the illegal operation of non-compliant, illegally LOUD, automobiles, trucks and motorcycles. Vehicles whose owners have illegally modified them to emit noise emissions that are many times over the legal, compliant, noise level restricted by the Environmental Protection Agency (EPA) and in stark violation of Arkansas’ Traffic Law relevant to motor vehicle mufflers.

As an example, Arkansas is inundated with motorcycles that have been either illegally modified via tampering with the OEM factory-installed muffler or the owner has removed the compliant factory muffler and replaced it with an illegal aftermarket exhaust emitting between four to eight or more times the legal 80 dB(A) total motorcycle noise emissions as mandated by the EPA – 80 dB(A) being the “minimum” level of protection for the general public (note: db’s are calculated via logarithmic scale).

EPA muffler label

honda epa label on frame

These LOUD motorcyclists operate on the roadways of Arkansas and within our communities completely unencumbered by law enforcement as they assault our children, our elderly, our handicapped, our families and by doing so, they deny the citizens of Arkansas the right to domestic tranquility, the right to pursue happiness, the right to equal protection under the law as our law enforcement community turns a blind eye and deaf ear to this stark violation of the Code of Federal Regulations and Arkansas’ Motor Vehicle Laws – specifically:

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.

Colonel, I will not take-up much more of your time with this initial Email, but I do sincerely ask that you please respond to the following questions:

1) Why are the roadways of Arkansas inundated with motorcycles, automobiles, trucks, that are illegally modified or illegally equipped with exhaust mechanisms that, in no way, conform to the specifications of “factory-installed muffler or one duplicating factory specifications”? Why has the Arkansas State Police failed to interceded on behalf of the citizenry they swore to protect and serve?

Why are the selfish, entitled, disrespectful, operators of illegally equipped, illegally loud motor vehicles in Arkansas permitted to operate their LOUD motor vehicles upon our roadways and within our communities and simultaneously assault our children, our elderly, our handicapped, our families with unregulated, dangerous, intrusive, illegal, NOISE? Motor vehicle noise emissions that have been confirmed as physiologically and psychologically dangerous to the Citizens of Arkansas by the World Health Organization, the United States Congress, the United States Environmental Protection Agency and a sundry of similar studies readily available on the Internet.

2) Why are there so many retail facilities in Arkansas that openly sell and install mufflers or apparatuses for mufflers that do not conform to the “factory-installed muffler or one duplicating factory specifications”? This is in stark violation of section (b) of the above cited muffler law which says: “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.”

Colonel, please listen to the first video following the body of this Email which provides evidence of this violation in Arkansas. For a better understanding of the disingenuous/illegal marketing strategies used by the motorcycle aftermarket exhaust industry to peddle their “closed course” exhausts that are illegally labeled and used on street motorcycles see: http://www.dealernews.com/dealernews/article/shades-gray-selling-and-installing-aftermarket-exhausts-and-legal-liabilities-dea.html

3) Colonel, why is Mayor Sanders of Fort Smith (Steel Horse Motorcycle Rally); Mayor Jordan of Fayetteville (Bikes, Blues, BBQ Motorcycle Rally); Mayor Carney of Hot Springs (Hot Springs Motorcycle Rally), permitted to invite thousands of motorcyclists, operating illegally equipped, illegally LOUD motorcycles, into the Municipalities of Arkansas in direct contradiction to their oath of office and their responsibility to serve and care for the Arkansas Citizenry within their jurisdictions?

Why do we, as Arkansas Citizens, have to endure the NOISE assault of these illegally LOUD motorcyclists as they proceed to these biker rallies and as they leave these biker rallies via our Interstates and adjacent Municipalities? What activities at these biker rallies require the attendees to operate illegally LOUD motorcycles? In other words, what transpires at a motorcycle rally that could not transpire atop a legal, quiet, EPA-compliant, Arkansas Muffler Law – compliant, motorcycle? Why must the Citizens of Arkansas endure the ILLEGAL, intrusive, irresponsible, NOISE of the Loud Motorcycle Cult[ure] while the Mayor hosting these NOISE-fests prostitutes himself/herself for the MONIES and TAX REVENUE designated for the city coffers?

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dscn1688

A representative dealership for Harley Davidson Motorcycles has told us that 80% of their new motorcycle purchasers make their first performance upgrade the installation of an illegal aftermarket exhaust mechanism, a LOUD aftermarket exhaust mechanism. It’s not a stretch to suggest that the metric or import riders make the change to their mufflers at approximately the same statistical ratio; therefore, if 10,000 motorcycles are present at the Bikes, Blues, BBQ Motorcycle Rally in Fayetteville, some 8000 of those motorcycles are illegally equipped and spewing decibel levels that are two-four-six or more times the safe level of 80 dB(A) and many are also spewing particulate/pollutant levels up to 10 times the rate of one (1) compliant automobile. Why is this permitted to take place within the State of Arkansas, especially seeing that our State Code clearly articulates the fact that a motor vehicle is NOT allowed to operate on our our roadways without a “factory-installed muffler or one duplicating factory specifications”?

4) Governor Hutchinson refuses to address this situation, in fact, Governor Hutchinson won’t even discuss the situation with me and Attorney General Rutledge denies having any authority or jurisdiction over these concerns. Is there NO ONE responsible for the health, safety, protection, Constitutional oversight, of the Citizens of Arkansas?

5) I have attempted to seek civil redress against Mayor Sanders and Mayor Jordan and the State of Arkansas for their graft and their prostitution with the Loud Motorcycle Cult[ure] and failure to protect the Citizens of Arkansas from the vehicular NOISE thugs roaming unencumbered within our communities, but I have, thus far, been prevented from seeking justice as the result of the archaic and unconstitutional doctrine of “Sovereign Immunity.” Why am I, as a United States Citizen, unable to hold my leadership accountable for their nonfeasance and their failure to uphold their oath of office? Why am I denied equal protection under the law?

equal protection

6) Colonel, why is the Arkansas State Police, the Highway Patrol, not regularly citing the operators of illegally equipped, illegally LOUD motor vehicles? Do you not care for the health and safety of our citizenry, the health and safety of our children, our elderly, our handicapped who are most susceptible/vulnerable to the noise assault of the Loud Motorcycle Cult[ure]? Colonel, why are you allowing this miscarriage of justice that destroys the quality-of-life for so many in Arkansas to continue?

Colonel, I am so very tired of being ignored and my efforts countered with obfuscation. I’m not sure what it’s going to entail, but things have got to change and as an old stubborn Marine and retired Cop, if the Lord wills it, I am here for the long haul…please help and please get involved.

For evidence of the violations taking place within the State of Arkansas relevant to the operation of illegally LOUD motor vehicles and the retail of illegal aftermarket exhaust mechanisms, please watch the following video:

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

https://www.youtube.com/watch?v=jx8PM8KUvZM My experience as a Houston Police Officer dealing with the operators of LOUD motor vehicles in Houston, Texas.

https://www.youtube.com/watch?v=dCvd-j6yMMM Philanthropy or Thuggery – Loud Bikers attempting to defer culpability via charitable, patriotic, religious, endeavors.

Additional information:

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

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

Rick Holtsclaw, Houston PD/Retired
Loud Motorcycles Suck – Facebook and Youtube

Video 6 of the Loud Motorcycles Suck Series makes phone calls to a motorcycle retail facility and a…
YOUTUBE.COM

Hey Arkansas – Stop the Vehicular NOISE Assault! – Letter to Director of Arkansas Department of Environmental Quality

[30 October 2015] A second letter to the Arkansas Department of Environmental Quality (ADEQ); this letter addressed to Director Keogh.

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Hello Ms. Keogh, (personal video evidence included subsequent to text – please watch)

Everyone I’ve contacted in Arkansas’ Leadership “chain-of-command” either outright ignores me or obfuscates relevant to this most important subject matter and my concerns articulated within this correspondence. Attorney General Rutledge pointed the finger at you, the ADEQ, as possessing jurisdiction relevant to my request for intervention.

The letter that I sent to the ADEQ on 26 October 2015 has, thus far, gone unanswered. I have attached a VIDEO at the end of the narrative where I provide evidence of the following concerns regarding Arkansas’ environment and the quality-of-life for every citizen living in Arkansas. Please note the following muffler statute from Arkansas Motor Vehicle and Traffic Law, 27-17-601…

Arkansas’ Motor Vehicle Laws – Muffler
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.

I am a retired 31 year veteran of the Houston Police Department who has been battling the vehicular NOISE debacle in our State for several years and within the United States for some seven-years now. I have begged Governor Hutchinson’s Office, Attorney General Rutledge, local Mayors, Federal and State Representatives, for assistance with this matter, but all I’ve received thus far, with a couple of exceptions, is a cold shoulder and obfuscation. Governor Hutchinson’s office refuses to even acknowledge my concerns and I’m growing somewhat weary of being ignored. Your time and your assistance is much appreciated, thank you!

The roadways of Arkansas are flooded with motorcycles, automobiles and trucks that are  operating in stark violation of Federal and State law relevant to noise and particulates emissions. It is illegal, in the State of Arkansas, to operate a motor vehicle on the roadways of said State with a muffler affixed to said motor vehicle that does not conform to the “specifications” of the “factory-installed muffler” – that is, a quiet, EPA compliant, catalytic converter equipped, exhaust mechanism.

In reference to the additional qualifiers/descriptors of “excessive or unusual noise” – I interpret “excessive or unusual” to mean noise emitted by a muffler that is louder than the original factory-installed exhaust. Yes, there will certainly be some acoustical degradation with wear and tear thus permitting a slightly enhanced exhaust note, but NOTHING compared to the illegal aftermarket muffler mechanisms emitting decibel levels many times over the original equipment, even when the original equipment has experienced many miles and years of wear. I am fully aware and have battled the controversy that “noise” or “sound” interpretation is “subjective,” but clearly articulated legal precedent does exist that nullifies this argument for enforcement purposes.

I interpret “excessive or unusual noise” to be anything in excess of the total motorcycle noise emissions restricted by the Environmental Protection Agency to 80 dB(A). Considering the EPA mandates testing “total” motorcycle noise, which includes all of the constituent moving parts evaluated during a scientifically controlled testing procedure, the EPA approved exhaust is actually quieter than 80 dB(A) seeing that the muffler is only one part or element in the overall noise producing parts being examined in combination; therefore, the factory exhaust mechanisms on motorcycles are very quiet indeed.

Having tested a number of the motorcycle aftermarket exhaust mechanisms while in an enforcement capacity, I know for a fact that the aftermarket exhaust mechanisms currently used on our public roadways emit four-to-eight or more times the 80 dB(A) stipulated as the “minimum” level of protection for the general public by the EPA. (dB calculation differentials via logarithmic scale)

In addition to the egregious violations of vehicular NOISE restrictions, it has come to my attention that one (1) large displacement V-twin motorcycle that has been modified via the installation of an illegal aftermarket exhaust mechanism requiring the removal of the catalytic converter, emits up to ten (10) times the particulate pollutants into our atmosphere as one (1) compliant compact automobile. Does this not concern you?
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My second concern with the above muffler statute:

I interpret the muffler statute to read that, within the State of Arkansas, it is illegal to “sell” an exhaust system that does not conform to the specifications of the “factory-installed muffler.” With this in mind, there are possibly hundreds of retail/installation facilities within the State of Arkansas that install Flowmaster, Magnaflow, various LOUD engine/exhaust headers, cut-outs and extremely LOUD, illegal aftermarket exhaust mechanisms for motorcycles, auto’s and trucks that are restricted to NOT FOR ROAD USE – CLOSED COURSE, COMPETITION ONLY environments .  Am I missing something here?

Do you know which Arkansas State agency is responsible for oversight and enforcement of those retail establishments who are in violation of part (b) of the Arkansas muffler statute – or am I misinterpreting the statute?

If there is an alternative interpretation, or if the statute says something other than what I understand it to say, if I am in error, PLEASE…advise me of my error and misinterpretation so that I can cease pursuing this matter and return to enjoying my retirement.

I can only assume that Arkansas, as well as the other 49 States in the United States, as well as the Federal Government, has enacted restrictions on motor vehicle NOISE in response to quality-of-life issues and in response to the physiological harm caused by unregulated NOISE in our environment, NOISE that is especially harmful to our children, our elderly, our handicapped, our families living within the communities of Arkansas; this is well documented by the World Health Organization, the United States Congress, the United States Environmental Protection Agency and a sundry of other scientifically based studies readily available on the Internet.

The last guess-estimate was that there are some 9,000,000 motorcycles registered for street use within the United States with the largest proportion of these motorcycles operating within our urban areas. A representative dealership for Harley Davidson Motorcycle Company has told us that approximately 80% of their new motorcycle purchasers make their first “performance” upgrade an illegally LOUD, illegally polluting, aftermarket exhaust. It’s reasonable to assume that the metric, or foreign import, motorcycle riders make the same aftermarket exhaust upgrade to their street motorcycles also. (For a succinct explanation of the illegality of the disingenuous tactics used by the motorcycle aftermarket industry see: http://www.dealernews.com/…/shades-gray-selling-and-install…) (This article has been removed from the Internet, most likely due to its undeniable evidence of motorcycle aftermarket/dealer installation culpability)  These statistics suggest that some 7,200,000 illegally equipped motorcycles are operating on our roadways and within our communities with a majority of these noise and particulate polluters operating on the streets of our crowded/confined urban areas.

1) Why is this vehicular NOISE assault allowed to continue?

2) Why are we failing to provide adequate protection for our children, our elderly, our handicapped, our families?

3) Why is Arkansas permitting Mayor Sanders of Ft. Smith; Mayor Jordan of Fayetteville; Mayor Carne of Hot Springs, to invite many thousands of illegally equipped, illegally modified, illegally LOUD, illegally polluting, motorcycles into our State and within our Municipalities for annual motorcycle rallies?

4) Why are thousands of illegally equipped, noise polluting, particulate polluting, automobiles, trucks and motorcycles traversing the roadways of Arkansas on a “daily” basis completely unencumbered by you and our State and local law enforcement community? Why?

PLEASE VIEW THE FOLLOWING VIDEO DEMONSTRATING STARK VIOLATIONS OF ARKANSAS’ MOTOR VEHICLE LAWS RELEVANT TO OUR ENVIRONMENT.

Thank you,
Rick Holtsclaw, Houston PD/Retired
Loud Motorcycles Suck – Facebook & Youtube

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Response from Lesley Morgan, Attorney representing Arkansas’ Department of Environmental Quality. (30 October 2015)

Mr. Holtsclaw,

Thank you for your response and your messages. I have reviewed the issues raised your email. I refer you to an opinion issued by the Attorney General’s office that addresses the section of the code that you referred to in your email. That opinion is available at the following address:
http://ag.arkansas.gov/opinions/docs/2009-015.html

As the opinion states, enforcement of this portion of Title 27 of the Arkansas Code is under the purview of law enforcement authorities in the state of Arkansas. The Arkansas Department of Environmental Quality is not designated as an authority for enforcement of Title 27. Please contact your local law enforcement officials in order to address violations of Ark. Code Ann. § 27-37-601.

Please feel free to contact me if you have any questions.

Thanks,

Lesley Morgan
Attorney
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118
501-682-0889
morganl@adeq.state.ar.us

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Response to Lesley Morgan: [30 October 2015]

Thank you Lesley for your response; unfortunately, our law enforcement entities appear to be uninterested in enforcing the laws relevant to illegally equipped, illegally loud, illegally polluting, motor vehicles in Arkansas and my attempts at civil redress to coerce them into action have been stymied by the archaic and, in my humble opinion, unconstitutional doctrine of Sovereign Immunity.

How can this be?

1) Does Arkansas not have a regulatory entity that pursues and investigates retail establishments that blatantly violate Arkansas’ laws relevant to environmental pollution?

2) How does one motivate a law enforcement community to intercede on behalf of the citizenry they swore to protect and serve if the civil courts are closed to them via unconstitutional protections?

3) Are we, as citizens of Arkansas and citizens of the United States, denied the right to equal protection under the law as unscrupulous and irresponsible men and women assault our children, our elderly, our handicapped, our families, with vehicular noise emissions that have been clearly substantiated as causing physiological and psychological harm?

Any suggests as to where I go from here?

Thank you,

Rick Holtsclaw

little girl loud bikes