While the Bible doesn’t say, “Thou shalt not rape” in the Ten Commandments, it is summed up in the essence of the moral Law, which says to love your neighbor as yourself. Love does not rape.

Hebrew criminal law considered rape such a serious crime that rapists were to be put to death:

“But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die” (Deuteronomy 22:25, KJV).

Yet there are some who believe that the Scriptures say that the victim of the rapist had to marry him. He wasn’t to be punished, but to be rewarded with the woman as his prize. Here is the verse used to justify that belief:

“If a man find a damsel that is a virgin, which is not betrothed, and LAY HOLD ON HER, and lie with her, and they be found; Then the man that lay with her shall give unto the damsel’s father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days”(Deuteronomy 22:28-29, KJV, caps added).

Unbelievably, (in the light of the previous verse saying that a rapist was to be put to death) a number of modern translations interpret “lay hold on her” as rape.

The Hebrew word “tapas” means to “take hold of something,” to grasp it in hand, and (by application) to capture or seize something.

In Genesis 4:21, it used for “handling” the flute.

If a man raped a woman, he was to be put to death. Killed. That means he is dead (no longer alive), and a dead man can’t marry the woman he raped. He can’t marry her because he’s dead.

So for those who can figure out that dead men don’t rape women, coupled with the fact that the verse says “if THEY be found,” implying both were guilty, this verse obviously refers to consensual sex.

It’s similar to what we nowadays call a “shotgun” wedding. They had to get married.

See: https://www.livingwaters.com/does-the-bible-say-a-rape-victim-must-marry-her-rapist/

Jesus said,

 “Beware of the false prophets, who come to you in sheep’s clothing, but inwardly are ravenous wolves.“  Matthew 7:15

Let’s discuss false teachers, false doctrine, that is pointing millions of sincere people to the Gates of Hell.  Topics of discussion…

• Is Repentance necessary for Salvation?
• Can we, through the power of prayer, the power of words, manipulate God to bless us with Health, Wealth – Prosperity?
• Does the Lord hear the prayer of the unrighteous, the unsaved, the unredeemed?
• What is the Biblical definition of Salvation and how does one achieve it?
• Warning: pictures/photos of aborted children are contained within this article.

By: Rickey D. Holtsclaw

“The Christian religion is the best religion that has ever been given to man.” – Thomas Jefferson, Jefferson Memorial

“Education is useless without the Bible.” – Daniel Webster

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Article Objectives

The objective of this article is to discuss the following…

1. First, I would like to take a few minutes and provide some background, specifically landmark Supreme Court Decisions, that have led to America’s compromise with the demonic ideology of Moral Relativism.  It is the tenets of Moral Relativism i.e. narcissism, hedonism, unrestrained sensuality, covetousness which has promulgated the lies under-girding 21st-Century Faux-Christianity.
2. Second, I want to discuss the heretical teaching of Pastor Chris Kratzer, http://chriskratzer.com/, who heads up a ministry that appears to be focused primarily on the LGBTQ Cult[ure].  Mr. Kratzer espouses an “enlightened” version of the Gospel where he denigrates the teachings of the first two-thousand-years of the Christian Church relevant to faith, repentance, grace, God’s wrath, God’s Immutability. I believe Pastor Kratzer’s positioning on repentance ultimately blasphemes Christ and the Crucifixion – the suffering of our Lord for the redemption of mankind.
3. Subsequent to discussing the heresy espoused by Chris Kratzer, I would like to discuss the false and demonically inspired doctrines espoused by “Prosperity Gospel” Teachers/Preachers like Joel Osteen and Benny Hinn; that is, the false narrative that our “words contain power” and through our words we, mere mortals, can manipulate a Holy, Just, Righteous, Immutable, Omniscient, Omnipotent, God to fulfill the lust of our heart and bless us with “Health – Wealth – Prosperity”  AKA “The Prosperity Gospel” that prospers the Pastor and spiritually cripples the people who desperately, naively, believe in the heresy.
4. Biblical Salvation, what is it and what exactly does it entail?  The Gospel message and its application to our lives – a discussion.

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Faux-Christianity – Causation

Premise: A Disobedient, Slothful, Lukewarm, Christian Church Begets Faux-Christianity…how did we get here?

1. The United States Supreme Court in Engel v. Vitale (1962) evicted the Lord Jesus Christ from America’s Public School System.  In 1963, once Christ had vacated the premises, Darwin was invited into America’s Public Schools to infuse his demonically inspired, baseless, Theory of Evolution into the innocent hearts and minds of America’s youth. Evolution is the antithesis/the enemy of Creationism; therefore, Evolution promulgates Atheism and seeks to subvert the inerrancy of the Holy Bible.  Christians, for the most part, remained silent, complacent, compliant and submitted their children to the doctrine of demons i.e. Evolution.

“And I use that trust to effectively brainwash them….our teaching methods are primarily those of propaganda.  We appeal-without demonstration-to evidence that supports our position.  We only introduce arguments and evidence that supports the currently accepted theories and omit or gloss over any evidence to the contrary.” 

Singham, Mark, “Teaching and Propaganda,” Physics Today (vol. 53, June 2000), p. 54

“We cannot identify ancestors or “missing links,” and we cannot devise testable theories to explain how particular episodes of evolution came about.  Gee is adamant that all the popular stories about how the first amphibians conquered the dry land, how the birds developed wings and feathers for flying, how the dinosaurs went extinct, and how humans evolved from apes are just products of our imagination, driven by prejudices and preconceptions.”

Bowler, Peter J., Review of In Search of Deep Time by Henry Gee (Free Press, 1999), American Scientist (vol. 88, March/April 2000), p. 169

2. One-decade later, subsequent to ten-years of the lies espoused by Evolutionary Theory which devalues life, January 22, 1973, the United States Supreme Court in the landmark decision of Roe v. Wade (1973), voted 7-2 to deny the pre-born child their 5th and 14th Amendment “due process” protections thereby permitting a mommy to conspire with her abortionist and the United States Federal Government to torture, burn-to-death, mutilate, dismember, murder, 60-million babies in subsequent years, mostly in the name of Moral Relativism e.g. “convenience” – a bloody form of birth control.  America’s posterity is murdered while their precious bodies, mutilated via the abortion procedure, are sold for profit.  Also in 1973, the Humanist Manifesto (Part II) was published which strongly advocated the murder of America’s pre-born children via abortion and in that same year the American Psychiatric Association declassified Homosexuality as a mental illness. The fateful year of 1973 will be seen as the turning-point in America’s history paving the path to destruction as a Nation – our Lord hates the hands that shed innocent blood.  Warning – if Roe v. Wade (1973) is not fully repealed very soon, God’s wrath will continue to be poured-out on the United States of America and on the people of that great Nation.  The people will suffer horrifically and America will be relegated to the status of a third-world Nation politically, economically and militarily.  Personally, I believe America has gone too far for too long and passed the point of no return – America is doomed as a result of its bloody hands of abortion and its rejection of the Lord Jesus Christ as King.  America’s Constitutional Republic, based on a voluntary adherence to the rule of law, cannot maintain its viability/sustainability when the tenets of Moral Relativism are the restraints on human behavior.  The Christian Church, for the most part, has remained quiet and compliant with the initiation of “Abortion on Demand” i.e. the shedding of innocent blood, the murder of 60-million babies since Roe/1973.

Caution: Photo’s of aborted children below….

 

3. In 2015, the United States Supreme Court, in the landmark case of Obergefell v. Hodges (2015), usurped the Holy Covenant of Marriage established by the Creator in the Genesis of time between one-man/one-woman and God; in place of God’s Covenant of Marriage, the United States Supreme Court authorized every form of aberrant sexual perversion as a Marriage Covenant.

As a result or consequence of these godless Supreme Court decisions, the Lord Jesus Christ has walked away from America’s bloody-perverse hands of iniquity and Satan has rushed in to fill this ominous vacuum.  It is an undeniable fact that pervasive LGBTQ behavior in a society is THE tell-tale sign that God’s wrath is on that society – see Romans 1:18-32.  America will continue down the slipper-slope to self-destruction as long as Roe v. Wade (1973) remains the law of the land and thereby implicates the United States Federal Government in the horrors of the holocaust of infanticide!

 

In Twenty-First-Century-America, Satan’s demonic ideology of Moral Relativism reigns supreme in the Land of the “once” Free and Brave thus confusion, dissension, hopelessness, addiction, an overwhelming sense of peril permeates society and the one institution most negatively effected by this heretical, satanic influence, is the Christian Church.

Recently, during a Twitter war between the representatives of Satan and myself, a member of the LGBTQ Cult[ure] sent me a link to the ministry of Pastor Chris Kratzer who is very influential in the LGBTQ Cult[ure] because this “minister” teaches the heresy that Salvation through Jesus Christ is not contingent upon “repentance,” but simply faith.  The LGBTQ Cult[ure] admires and supports Pastor Kratzer because he teaches and preaches that LGBTQ is not truly a sin and that aberrant sexual behavior is permissible conduct by a Christian – there is no requirement, according to Pastor Kratzer, that the LGBTQ repent of their sexual perversion and that God simply permits the behavior to continue by grace and mercy.  Mr. Kratzer is adamant that LGBTQ perversity or “sin” in general and God’s warnings relevant to punishment in Hell are basically allegorical, an over-statement, exaggerations by hateful, power hungry, controlling bigots, espousing an antiquated, outdated, no longer relevant, conservative, Evangelical Christian message; therefore, an eternally significant and relevant question presents itself for serious discussion and debate…

Is Repentance Necessary for Salvation?

Let me be very clear and direct at this point.  Anyone who teaches or preaches that a man or woman finds salvation void true, honest, REPENTANCE is either deceived, ignorant of Scriptural truth or is teaching a gospel emanating from the pit of Hell. Repentance means to turn away from or to initiate a 180-degree turn away from willful disobedience, premeditated sin against our Holy God.  “Faith” AND “Repentance” are two-sides to one-coin i.e. Salvation.  Repentance, a turning away from willful sin, is the primary indicator that a person’s salvation is authentic and genuine!

No one who truly loves and adores the Lord Jesus Christ – no one who has truly experienced the “New Birth” and indwelling of the Holy Spirit can live in willful sin and disobedience to the Lord Jesus Christ – no one!  This is not to say that the Christian does not struggle with a “sin nature” inherited from our father Adam, but those who have placed their faith in the death, burial and resurrection of Jesus Christ are no longer slaves to sin and death, for the believer is more than a conqueror through Christ Jesus.

No one, including the members of the LGBTQ Cult[ure] of death, can honestly confess they are a redeemed child of the Living God and subsequently willfully, unashamedly, continue in a lifestyle or deathstyle that is the antithesis of holiness, integrity, honor, dignity, for if one is truly “born again,” the old life has passed away and the new life in Christ is manifest.

“Or do you not know that the unrighteous will not inherit the kingdom of God?  Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals, nor thieves, nor the covetous, nor drunkards, nor revilers, nor swindlers, will inherit the kingdom of God.  Such were some you; but you were washed, but you were sanctified, but you were justified in the name of the Lord Jesus Christ and in the Spirit of our God.”  (1 Corinthians 6:9-11 NASB)

Pastor Kratzer implies that the Conservative Christian who is honest, truthful, sincere, regarding God’s warnings relevant to sin, death and Hell are misguided, bigots, zealots, out of touch/out of date/antiquated – for God is love, according to Mr. Kratzer and it is unfathomable that a compassionate God would relegate the LGBTQ or any other sinner of good intent to a torturous Hell.  Chris Kratzer and other false teachers of his ilk are servants of the god of this World, Satan – and – it is Satan’s lies these false teachers promulgate and it is the soul of men, women, young adults, under their demonically inspired teaching that will suffer in Hell for an eternity.  It’s important for the child of God to recognize the “mixing” or debased confluence of spiritual truth with demonic deception as the words flow from the fingers/keyboard and mouth of false teachers…

Jesus said,

 “Beware of the false prophets, who come to you in sheep’s clothing, but inwardly are ravenous wolves.”  (Matthew 7:15)

Pastor Chris Kratzer is quoted as saying….

“Declaring the LGBTQ community to be living in sin, though there is strong biblical evidence to the contrary.”

In response, the Holy Spirit says…

 

 

 

 

 

 

“You shall not lie with a male as one lies with a female; it is an abomination.”  (Leviticus 18:22 NASB)

Then the Lord God said, “It is not good for the man to be alone; I will make him a helper suitable for him.”  Out of the ground the Lord God formed every beast of the field and every bird of the sky, and brought them to the man to see what he would call them; and whatever the man called a living creature, that was its name.  The man gave names to all the cattle, and to the birds of the sky, and to every beast of the field, but for Adam there was not found a helper suitable for him.  So the Lord God caused a deep sleep to fall upon the man, and he slept; then He took one of his ribs and closed up the flesh at that place.  The Lord God fashioned into a woman the rib which He had taken from the man, and brought her to the man. The man said,

For this reason a man shall leave his father and his mother, and be joined to his wife; and they shall become one flesh.  And the man and his wife were both naked and were not ashamed.  (Genesis 2:18-25 NASB)

But we know that the Law is good, if one uses it lawfully, realizing the fact that law is not made for a righteous person, but for those who are lawless and rebellious, for the ungodly and sinners, for the unholy and profane, for those who kill their fathers or mothers, for murderers and immoral men and homosexuals and kidnappers and liars and perjurers, and whatever else is contrary to sound teaching, according to the glorious gospel of the blessed God, with which I have been entrusted.  (1 Timothy 1:8-11 NASB)

Now I desire to remind you, though you know all things once for all, that the Lord, after saving a people out of the land of Egypt, subsequently destroyed those who did not believe.  And angels who did not keep their own domain, but abandoned their proper abode, He has kept in eternal bonds under darkness for the judgment of the great day,  just as Sodom and Gomorrah and the cities around them, since they in the same way as these indulged in gross immorality and went after strange flesh, are exhibited as an example in undergoing the punishment of eternal fire.  (Jude 5-7 NASB)

And the Lord said, “The outcry of Sodom and Gomorrah is indeed great, and their sin is exceedingly grave.”  (Genesis 18:20 NASB)

^“…and they called to Lot and said to him, “Where are the men who came to you tonight? Bring them out to us that we may have relations with them.”  (Genesis 19:5 NASB)

Pastor Kratzer continues…

“Twisting God into a monster that finds justice and holiness in sending people to an eternal hell of unimaginable torture while there is clear biblical and historical evidence to conclude quite the opposite.”  With an alarming propensity, you are capable of using your faith understanding to spiritually justify the hate, harm, death, discrimination, and condemnation of people. “For if you can and are determined to believe in a god who created, sustains, and allows a hell of unyielding eternal torture for people who don’t love Him back in return and believe precisely as you do, then yours is a highly increased capacity to translate that same violence, harm, and spiritually justified hate into the attitudes and actions of your faith. So much of how we carry ourselves and the trajectory of our lives is a direct result of our views of God. If you believe in a god who self-identifies as Love while torturing the objects of His love in the eternal flames of hell, then don’t be surprised when people discern that you could do likewise: spiritually, emotionally, and physically—all in the name of Jesus and Love. In fact, some would suggest, this is exactly what your conservative Evangelical faith system already excels at manifesting.”  – Chris Kratzer

In response, the Holy Spirit says…

Pastor Chris Kratzer said…

“Partnering and associating with a faith system that has been an undeniable perpetuator [perpetrator] of some of the most evil manifestations on the earth—war, violence, discrimination, and greed—to name a few.  If this is the side of history you are determined to stand upon. If these are the flags upon which you pledge your allegiance. If these are the creeds to which you anchor your convictions, then no matter the goodness of your heart or intentions, there’s some sure things one can know about you with a scale-tipping measure of certainty.” – Chris Kratzer

In response, the Holy Spirit says…

“There is a book [the Bible] worth all the other books ever printed.” – Patrick Henry

“It cannot be emphasized too strongly or too often that this great Nation was founded not by religionists, but by Christians; not on religions, but on the Gospel of Jesus Christ.” – Patrick Henry

Pastor Chris Kratzer said…

“Let’s be clear, the days are long over for deflecting the people [conservative Christians espousing a literal translation of Scripture] who draw these conclusions and declaring them to be unfair and unfounded. For this is what it actually means, these are the real ramifications, and these are the undeniable dominoes that fall as a result of your faith choices.  If you don’t like it, denounce it and walk away.” – Chris Kratzer

In response, the Holy Spirit says…

Pastor Chris Kratzer said…

“Until then, if you’re still an anti-gay, hell preaching, conservative Evangelical, Trump supporting Christian, don’t be surprised when these are the things good intelligent people surmise—including many of us who love Jesus.” – Chris Kratzer

The relevant prophecy by the Apostle Paul at the direction of the Holy Spirit says in response…

Warning – Warning – Warning

Health – Wealth – Prosperity Gospel – a Theological Teaching in Faux-Christianity that emanates from the pit of Hell…

We’ve reviewed and discussed the lie from Hell promulgated by Pastor/Teacher Chris Kratzer and evidence has been forthcoming that substantiates the fact that “faith” and “repentance” are essential to Salvation.  But beware of other similar false messages, lies from Hell, promulgated by false teachers such as Joel Osteen and Benny Hinn who preach a “health and wealth” gospel that says our “words have power” and that we, mere mortals, can manipulate the will of an Omnipotent, Omniscient, God by speaking these words and “believing” with “faith” that “our will” and “our lust” will be done.

Understand that prayers are the communicative part of our relationship with Jesus Christ. Prayers are not simply a smorgasbord of our petitions and demands of the Lord…prayer is a gift, a means of intimate fellowship with our Heavenly Father where we give Him due praise and adoration; where we give thanks for His blessings and kindness; where we discuss our concerns, our thoughts and hopes; where we petition the Lord for His intercession in accordance with “His Will, not “our will,” “our lust.”

In my opinion, the greatest and most effective prayer is to petition the Lord for His perfect will in the situations that burden our hearts for there is NO more effective or better resolution for any circumstance of concern than the perfect will of our loving and compassionate God. Contrary to the heretical teaching of those who minister the “Prosperity Gospel,” remember that God is, allegorically speaking, the Potter (our Creator) and we are the “clay” (the created) and we do NOT possess the authority or the power to manipulate our God or pervert Scripture to coerce our Lord to “bless and prosper us” in the likeness of a Heavenly Santa Clause.

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Prayers of the Unrighteous

Another very significant spiritual misunderstanding relevant to prayer is the prayer of the unrighteous, those who are not saved, those who have not established a relationship with the Lord Jesus Christ through faith.  Those who are not “in Christ” are amazed to discover that their prayers are in futility; the prayers of the spiritually dead don’t rise past the ceiling of the room in which the petition is initiated…how can this be?  Fact is, the ONLY prayer from the lost that the Lord Jesus Christ actually hears is a prayer of “repentance and affirmation/acceptance” of Jesus Christ as Lord and Savior. Again, the prayers of the lost, the spiritually dead, are in futility unless the prayer is one of repentance and acceptance of Jesus Christ as Lord and Savior through faith.

“But know this first of all, that no prophecy of Scripture is a matter of one’s own interpretation, for no prophecy was ever made by an act of human will, but men moved by the Holy Spirit spoke from God.”  (2 Peter 1:20-21 NASB)

“All Scripture is inspired by God and profitable for teaching, for reproof, for correction, for training in righteousness;”  (2 Timothy 3:16 NASB)

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  The Gift of Salvation – What Exactly is Salvation?

If you are sincerely seeking a relationship with Jesus Christ, understand that your relationship with our Creator is contingent upon you sincerely believing that Jesus Christ is God and that He died to pay the penalty for YOUR sin, a debt you could not pay. Mankind cannot “work” or be “good enough” to find favor with a Holy, Perfect, Just, God; therefore, Jesus, the perfect, sinless, “Lamb of God,” paid the price for your sin at the Crucifixion and it is your “faith” (your sincere belief) in what Jesus did for you that results in God giving you (imputation) the righteousness (a right standing before God) of Christ.  Remember, everyone of us has sinned (missed the mark) and fallen short of God’s standard; therefore, without the imputation of Christ’s righteousness to replace our unrighteousness, you will die in your sin and spend your Eternity in Hell.

This is worth emphasizing: Salvation is contingent upon a heart that is repentant for the sins done in the body and a redeemed heart i.e. a person who is Born Again by the infusion/gift of the Holy Spirit will, without fail, seek to live a life that is honoring to our Just, Righteous, Holy, Immutable, Omniscient, Omnipotent, Lord and Savior Jesus Christ.

Whoever confesses, with their mouth, Jesus Christ as their Lord and Savor and sincerely believes in their heart that God raised Him or Her from the dead, that person will be saved and receive the Gift of the Holy Spirit as a Guarantee of their salvation. From that point forward, the man or woman, child, who confesses Jesus Christ as Lord and Savior is no longer alone in this World nor are they alone in Eternity for they are infused with the Spirit of God and are redeemed, judged “not guilty” for past, present, future sin.  Remember, salvation is NOT a license to sin, for those who have been baptized into Christ through salvation have died to sin and they are a “new creation” the old ways of a sinful life have passed away.

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Before we conclude: Let’s clarify, once again, the necessity of “repentance” as integral with Salvation.

Faith without works [repentance-obedience] is dead.  Don’t misunderstand this Biblical truism.  No man can “work” or be “good enough” to find favor with God thereby “earning” them Eternal Life (or else Christ would not have needed to die)…it is only by “grace” (unmerited favor) through “faith” (a sincere belief) that one enters into a relationship with Jesus Christ.

“For all of us have become like one who is unclean, And all our righteous deeds are like a filthy garment; And all of us wither like a leaf, And our iniquities, like the wind, take us away.”  (Isaiah 64:6 NASB)

But, “works” or “right conduct” via repentance are the natural manifestation/resultant of true faith and the preeminent indicator that one is truly saved and has truly entered into a loving, eternal, relationship with the Lord Jesus Christ.

“For by grace you have been saved through faith; and that not of yourselves, it is the gift of God; not by works, so that no one can boast.  For we are God’s handiwork, created in Christ Jesus to do good works, which God prepared in advance for us to do.”  (Ephesians 2:8-10 NASB)

We are NOT saved by our “works,” but good works/obedience “subsequent to salvation” is the outward manifestation or outward indicator that our salvation is genuine and authentic.  If a person is capable of continuing in willful disobedience, a sinful lifestyle void a grieved and remorseful conscience subsequent to a profession of faith for salvation, that person’s salvation is in question and most likely NOT genuine. 

What are the indicators or manifestations that a person has been saved?

When a man, woman, child, initially enter into a relationship with Jesus Christ, they are basically “spiritual babes” in the faith and it is through the “study of God’s Word,” the “hearing of God’s Word” and “prayer” that one matures in their faith.

“Be diligent to present yourself approved to God as a workman who does not need to be ashamed, accurately handling the word of truth.”  (2 Timothy 2:15 NASB)

“So faith comes from hearing, and hearing by the word of Christ.”  (Romans 10:17 NASB)

“The effective prayer of a righteous man can accomplish much.”  (James 5:16b NASB)

As the baby Christian matures and grows in their faith, the “Fruits of the Spirit” will naturally begin to manifest in their daily life.  These “behaviors” are indicators that one is successfully maturing in their faith…not every Christian grows or matures at the same rate, some Christians remain child-like throughout their Earthly life, others mature very quickly as they fervently seek and do the will of God; consequently, our works for the Lord, during our tenure on Earth, will be judged for quality and faithfulness and we will likewise receive rewards for those works of faithfulness.  Remember, this life in the realm of “time” is, for all intent and purpose, simply preparation for Eternity…prepare well!

“For we must all appear before the judgment seat of Christ, so that each one may be recompensed for his deeds in the body, according to what he has done, whether good or bad.”  (2 Corinthians 5:10 NASB)

Does the believer in Jesus still wrestle or contend with sin?

Does the believer, especially the new believer in Christ, struggle with sin???  I think it’s reasonable to say that many new Christians might struggle with the deception of sin from time to time (as a result of the “old” sin nature that remains), but it is through the power and strength of the Holy Spirit that the redeemed overcomes the Evil One (Satan) and the sin that burdens our soul. For many believers, as they mature in their faith, priorities change, desires change, perspectives change and life becomes oriented to the mind and will of Christ accompanied by contentment, peace, joy, satisfaction and an understanding/assurance that this life in “time” pales in comparison to the life that awaits us in Eternity.

“For WHO HAS KNOWN THE MIND OF THE LORD, THAT HE WILL INSTRUCT HIM? But we have the mind of Christ.”  (1 Corinthians 2:16 NASB)

If and when a believer sins against our God, that sin does not result in one losing their salvation, but the believer is naturally grieved for their sin and asks forgiveness, not to secure their salvation again – for salvation is secure through the guarantee of the Holy Spirit, but the believer humbly asks, through prayer, for the forgiveness of sin in order to reestablish the “intimacy of the relationship” with Jesus Christ where there is true joy and peace – though sin does not threaten the salvation of the believer, sin does destroy intimacy and fellowship with our Lord; therefore, we humbly ask for forgiveness of our sins through prayer so that intimacy, joy, peace, will be restored – manifest in our lives.

Be Wary of Wolves in Sheep’s Clothing

Please be wary of wolves in sheep’s clothing e.g. false, heretical, teachers like Chris Kratzer, Joel Osteen, Benny Hinn, who preach a message that emanates from the pit of Hell. Want to know the Truth of God’s Word and develop a spirit of wisdom and discernment?  Purchase a copy of God Word, the Holy Bible, sit down and begin reading in the Gospel of John, then…Genesis, then…the entire New Testament, then….the entire Hebrew or Old Testament Scriptures.

Once you’ve completed your first read-through of the Scriptures, I suggest that you then purchase a Hebrew-Greek-Aramaic dictionary, perhaps by Strong’s that matches the version of your Bible, and begin a study in the original languages and “study to show yourself approved,” a workman for the Lord who does not need to be ashamed, but one that is firmly rooted and grounded in Truth; a Christian who knows the Word and needs no man to tell them what God’s Word actually says.

“But even if you should suffer for the sake of righteousness, you are blessed. AND DO NOT FEAR THEIR INTIMIDATION, AND DO NOT BE TROUBLED, but sanctify Christ as Lord in your hearts, always being ready to make a defense to everyone who asks you to give an account for the hope that is in you, yet with gentleness and reverence; and keep a good conscience so that in the thing in which you are slandered, those who revile your good behavior in Christ will be put to shame.”  (1 Peter 3:14-16 NASB)

Allow the Holy Spirit to open the Scriptures for you that you might see Truth and Eternity. You will find answers to every question of life and you will find the greatest LOVE imaginable, a LOVE that is beyond comprehension.  The Holy Bible is our “owner’s manual,” a gift to mankind from our Creator and you are not complete or whole without the Scriptures firmly planted in your heart and in your mind. Life will NEVER be the same!  I confidently promise that you will never regret the time spent in God’s Word!!!

Additional information?  See…

Is Repentance Necessary for Salvation?: https://bible.org/question/repentance-necessary-salvation

LGBTQ – Satan’s Agenda of Death: https://rickeyholtsclaw.com/2017/08/17/lgbtq-satans-agenda-of-death/

In the Beginning God – Why?:  https://rickeyholtsclaw.com/2017/09/27/in-the-beginning-god-why/

Thank you,

Rick Holtsclaw

Jesus said:

“The thief comes only to steal and kill and destroy; I came that they may have life, and have it abundantly.”  (John 10:10 NASB)

 

 

 

No. 16-3402

IN THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

RICKEY DALE HOLTSCLAW (Pro Se)

Plaintiff-Appellant,

v.

MAYOR SANDY SANDERS, City of Fort Smith, Arkansas

CHIEF OF POLICE KEVIN LINDSEY, City of Fort Smith, Arkansas

THE CITY OF FORT SMITH, ARKANSAS

MAYOR LIONELD JORDAN, City of Fayetteville, Arkansas

CHIEF OF POLICE GREG TABOR, City of Fayetteville, Arkansas

THE CITY OF FAYETTEVILLE, ARKANSAS

Defendants-Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF ARKANSAS

The Honorable Chief Justice P.K. Holmes, III

PETITION FOR REHEARING EN BANC

Rickey Dale Holtsclaw, Appellant, Pro Se

PO Box 315

Uniontown, Arkansas 72955

Redacted

Redacted

rickholtsclaw@yahoo.com

rickeyholtsclaw@gmail.com

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Plaintiff-Appellant Holtsclaw requests an En Banc review of Holtsclaw v. Sanders et al (2016), Case #16-3402, because the panel decision conflicts with decisions rendered by the United States Supreme Court and Eighth Circuit to wit:

Pargo v. Elliott, 894 F. Supp. 1243 (S.D. Iowa 1995) (Includes 8^th Circuit Quote)

Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982)

Sunday Lake Iron Co. v. Wakefield, 247 U.S. 350, 38 S. Ct. 495 (1918)

Thomas v. Board of Trustees, 515 F. Supp. 280

Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073 (2000)

Consideration by the full court is therefore necessary to secure and maintain uniformity of the Court’s decisions.

Decision by the Eight Circuit

On Tuesday, 21 February 2017, Eighth Circuit Court of Appeals Justices Smith, Bowman and Benton affirmed the decision of Chief Justice P.K. Holmes, District Federal Court for the Western District of Arkansas, to dismiss, with prejudice, the civil action of Holtsclaw v. Sanders et al (2016), Case #16-3402.

The Eighth-Circuit panel, as a basis for its decision, opted to evaluate the cause of action articulated in Holtsclaw v. Sanders (2016) by the standards set forth in a Constitutional review involving an incarcerated felon in Phillips v. Norris, 320 F.3d 844 (8th Cir. 2003) who was seeking redress for alleged “due process” and “equal protection” violations.

The Eighth Circuit, in affirming the District Courts dismissal with prejudice relevant to Holtsclaw v. Sanders et al (2016), stated that Holtsclaw “failed to state an equal-protection claim” …  “…concluding that an equal protection failed where the plaintiff did not allege membership in a protected class or purposeful discrimination.” 

The Eighth Circuit Court, as a result of the positional standards used to arrive at its decision to affirm, has agreed to hold Holtsclaw to a standard that the District Court nor the counsel for the Defendants nor the Supreme Court require of a plaintiff seeking redress for a violation of Fourteenth Amendment equal protection via U.S. Code § 1983.

The Eighth Circuit Court, by suggesting Holtsclaw is not a “protected class” person or that Holtsclaw failed to “allege” protected class status based solely on the fact that he is a heterosexual Caucasian male, born and raised in America, a current citizen of the United States and a citizen of the State of Arkansas; because the Plaintiff, physically, morally, ethically and logistically does not fit neatly within an arbitrary societal construct defining which segment of American society deserves “special protection” and which segment of American society should be denied the protections of the United States Constitution and U.S. Code § 1983 is wholly unfair, unconstitutional and violates the very premise upon which U.S. Code § 1983 was constructed and enacted.  Holtsclaw suggests that the decision by the Eighth Circuit to affirm is, for all intent and purpose, discriminatory and unfair.

Holtsclaw argues that stare decisis requires the Court evaluate the “protected class” status of a Plaintiff in U.S. Code § 1983 litigation via a consideration of the context articulated within the cause of action as opposed to requiring said Plaintiff define in specific terms why or for what reasons said Plaintiff is of a “protected class” status. Fact is, U.S. Code § 1983 and the Fourteenth Amendment require no such “protected class” perquisite for citizens seeking redress for harm done by those acting under the color of law.  The “protected class” moniker, when discussed in civil actions accepted for Supreme Court review, are overwhelmingly focused on race-based, gender-based, employment-based, EEOC-based disputes, but Holtsclaw v. Sanders et al does not fit neatly into the well-defined protective box of race, religion, sex, gender-identification or nationality, but Holtsclaw v. Sanders, as a unique case of first impressions, focuses wholly upon blatant government corruption thereby focusing on the much more relevant aspects of protected class e.g. the protections bestowed upon a Plaintiff as a Citizen of the United States and as a Citizen of the State of Arkansas where the rule of law is the bases or standard for evaluation.

The Courts refusal to recognize the unique cause of action within Holtsclaw v. Sanders et al has, for all intent and purpose, denied Holtsclaw the protective intent of the Fourteenth Amendment and the specific, unique, protections provided only by U.S. Code § 1983; that is, protection from arbitrary, illegal, conspiratorial conduct by representatives of the government acting under the color of law.  Suggesting that Holtsclaw is not a “protected class” citizen worthy of U.S. Code § 1983 protections or that Holtsclaw has failed to claim such protections within the cause of action is simply unfair, discriminatory and incorrect.

Issue One – Discussion

“Protected Class”

In Pargo v. Elliott, 894 F. Supp. 1243 (S.D. Iowa 1995), the Supreme Court stipulates that the “Equal Protection Clause of the United States Constitution requires the states to treat similarly situated persons in a substantially equivalent manner.”  The Court in Pargo continues “… the initial inquiry in analyzing an equal protection claim is to determine whether a person is similarly situated to those persons who allegedly receive favorable treatment.” “In a case involving an inmate gender discrimination claim, the Eighth Circuit held that even if classes are found not to be similarly situated, a court still must apply a rational basis analysis.”

Holtsclaw argues that it is the “State Law” providing a foundation for the cause of action in Holtsclaw v. Sanders et al; therefore, Holtsclaw is of a “similarly situated” classification and must be considered a member of a “protected class”  seeing that Holtsclaw does, as does every other citizen in the State of Arkansas (as are the members of the Loud Motorcycle Culture involved in Holtsclaw v. Sanders et al), possess a reasonable expectation of protection via enforcement of Arkansas’ State Laws; Holtsclaw contends that as a citizen of the State of Arkansas he, like every other “similarly situated” citizen of the State – including the Loud Motorcycle Culture in Arkansas, has entered into a binding civil-reciprocal contractual agreement with the State via the Arkansas State Constitution of 1874; therefore, this unique case of first impressions recognizes Holtsclaw as a “similarly situated” and “protected” person for purposes of State Law as a foundation for U.S. Code § 1983 civil litigation, specifically – “equal protection” of the law relevant to the issues articulated within Holtsclaw v. Sanders et al.

Arkansas State Constitution of 1874

Article 2, § 1. Source of power…

All political power is inherent in the people and government is instituted for their protection, security and benefit; and they have the right to alter, reform or abolish the same, in such manner as they may think proper.

The disparity or unequal application of the law between similarly situated persons relevant to Holtsclaw v. Sanders et al is clearly articulated in the reiteration/discussion of the cause of action beginning on page-10 of this petition for En Banc review document.

In Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982), the Court emphasizes the fact that Fourteenth-Amendment “equal protections” are available to “any person within its jurisdiction” and the protections are “universal” and applicable to “all persons within the territorial jurisdiction, without regard to any difference of race, of color, or of nationality.” The Court, in Plyler v. Doe, continues…

“For purposes of the Fourteenth Amendment’s equal protection clause which prohibits states from denying equal protection to “any person within its jurisdiction,” undocumented aliens, despite their immigration status, are persons “within the jurisdiction” of a state entitled to the equal protection of its law, use of the phrase “within its jurisdiction” confirming that the protection of the Fourteenth Amendment extends to anyone, citizen or stranger, who is subject to the laws of a state, and reaches into every corner of a state’s territory, and that until he leaves the jurisdiction, either voluntarily or involuntarily in accordance with the Constitution and laws of the United States, a person is entitled to the equal protection of the laws that a state may choose to establish.”

Considering Sunday Lake Iron Co. v. Wakefield, 247 U.S. 350, 38 S. Ct. 495 (1918) and as cited in Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073 (2000), the Court clearly articulates that “equal protection,” the very purpose of same, is to “secure every person within the State’s jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by its improper execution through duly constituted agents.”

The “protected class” moniker, when discussed in civil actions accepted for Supreme Court review, are overwhelmingly focused on race-based, gender-based, employment-based, EEOC-based disputes, but U.S. Code § 1983 litigation is also inclusive of “citizenship” as a “protected class” deserving of protection via U.S. Code § 1983 litigation, and is especially relevant in litigation involving municipal government corruption (under the color of law), non-protection issue based litigation culminating in “equal protection” claims where State Law is a foundational element in that litigation. Holtsclaw has clearly articulated the parameters necessary for defining the Plaintiff as a “protected class,” “similarly situated” person within the cause of action relevant to Holtsclaw v. Sanders et al.

Issue Two – Discussion

 “Purposeful discrimination”

The burden of “purposeful discrimination” (mens rea) as noted in the Appellate Courts decision to affirm may be more accurately defined as an “impermissible discriminatory purpose.” In Thomas v. Board of Trustees, 515 F. Supp. 280, the Court states…  “A plaintiff’s 42 U.S.C.S. § 1981 and 42 U.S.C.S. § 1983 actions require him to prove by a preponderance of the evidence that defendants actions have been motivated by an impermissible discriminatory purpose.”

Irrespective of the standard used, “purposeful discrimination” or “impermissible discriminatory purpose,” Holtsclaw has clearly articulated the discriminatory practices of the Defendants in Holtsclaw v. Sanders et al in the cause of action within Holtsclaw’s complaint document and in a more succinct manner within the Appellant Brief document, Pages 5-6. Note the following intentional or “purposeful discrimination” and “impermissible discriminatory purpose” employed by the Defendants against Holtsclaw as a “similarly situated” person when compared to the rights and privileges of the Loud Motorcycle Culture in Holtsclaw v. Sanders et al.

Holtsclaw argues that the Defendants, while involved in a proprietary function solely for the financial benefit of the municipal coffer and political expediency, recklessly and with callous disregard of the known dangers associated with the antisocial conduct of the Loud Motorcycle Culture, conspired to usurp/disregard the authority and protective intent of well-established Federal Law and Arkansas Motor Vehicle and Traffic Law, § 27-37-601, enacted specifically by the Arkansas General Assembly for the protection of Holtsclaw’s health and welfare as well as Holtsclaw’s quality of life.

Holtsclaw argues that he was denied equal protection of the law resulting from the Defendants enactment of a policy or custom of nonfeasance, non-enforcement, non-control, which unconstitutionally and unfairly favored the antisocial, illegal, intrusively dangerous behavior of the Loud Motorcycle Culture in attendance in overwhelming numbers at the motorcycle rallies identified within the Complaint Document while discriminating against and denying Holtsclaw the protection provided by the well-established law to wit Arkansas § 27-37-601 that clearly and articulately prohibits the illegal, physiologically dangerous, antisocial conduct of the Loud Motorcycle Community.

As a result of this inequality of the application of the law, Holtsclaw and his family were repetitively “audibly assaulted” and for all intent and purpose “bullied” by the Loud Motorcycle Community exiting the motorcycle rallies in mass. This scenario has transpired on four different occasions relevant to the Fayetteville rally and once relevant to the 1st annual Fort Smith rally in 2015. The Fort Smith and Fayetteville motorcycle rallies are annual events and the intrusive, illegal, dangerous antisocial conduct of the Loud Motorcycle Community is expected to increase as their attendance numbers are correspondingly expected to increase with each passing year. The Equal Protection Clause therefore demands that the government “apply its laws in a rational and nonarbitrary way; the unequal application of a law, fair on its face, may act as a denial of equal protection.” Pryor-El v. Kelly, 892 F. Supp. 261 (D.D.C. 1995); Brandon v. District of Columbia Bd. of Parole, 262 U.S. App. D.C. 236, 823 F.2d 644, 650 (D.C. Cir. 1987) (citing Yick Wo, 118 U.S. at 373-74; Zeigler v. Jackson, 639 F.2d 776, 779 (5th Cir. 1981))).

As a result of the Defendants calloused and willful disregard for the protective intent of the well-established law in conjunction with providing the Loud Motorcycle Community police protection privileges, Holtsclaw suffered the physiological and psychological injurious manifestations of audible assault resulting from repetitive exposure to illegally equipped, illegally loud motorcycles exiting these motorcycles rallies in mass; illegally modified motorcycles emitting four-to-eight times (logarithmic scale), approximately 110 dB(A)+, the motorcycle noise emissions of 80 dB(A) as restricted by the United States Environmental Protection Agency via the Code of Federal Regulations for street production motorcycles (1986 year model forward). The US EPA 80 dB(A) “total” motorcycle noise emissions restriction being mandated as the “minimum” safe level of exposure-protection for the general public. It’s important to note that Arkansas § 27-37-601 mirrors or duplicates the protective intent and concerns of the Federal Law/Code of Federal Regulations relevant to motorcycle exhaust emissions protection limitations for the general public by requiring every motor vehicle operated on the roadways of Arkansas be equipped with the quiet “factory-installed muffler.” Ultimately, the violation of Holtsclaw’s Fourteenth Amendment Right to “equal protection of the law,” via the tortious, violative decision making on the part of the Defendants, manifest in a violation of Title 42, U.S. Code § 1983

Conclusion

Holtsclaw v. Sanders et al is a unique case of first impressions involving government corruption, law enforcement nonfeasance, conspiratorial behavior between municipal mayors and law enforcement with full intent to usurp the protective intent of the well-established law for financial gain and political expediency.   Holtsclaw v. Sanders et al involves not only the concerns of Plaintiff-Appellant Holtsclaw, but in the balance weighs the daily quality of life, the health and welfare of many millions of vehicular noise beleaguered American Citizens.

“The worst evil of disregard for some law is that it brings disrespect for all laws.” (President of the United States, Herbert Hoover)

Respectfully submitted on 03 March 2017,

Rickey Dale Holtsclaw, Appellant-Plaintiff – Pro Se

­­­­*** Related Videos and Articles ***

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

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

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

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

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

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

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

Article: Illegal Motor Vehicle Noise – A Sound Solution: https://rickeyholtsclaw.wordpress.com/2017/03/06/illegal-motor-vehicle-noise-a-sound-solution/

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

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

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

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

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

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

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

 

 

 

 

 

To: Mr. James B. DeMocker, Director –  Office of Air Policy and Program Support

November 25, 2016

Dear Mr. DeMocker,

Thank you for your response to my letter requesting intercession from the United States Environmental Protection Agency (EPA) concerning the out of control vehicular NOISE problems plaguing the roadways, Interstates and communities of the United States.  Unfortunately, your response was very disappointing and unsatisfactory for the following reasons.

1. You acknowledge the obfuscation of the EPA by reiterating the fact that the responsibility for vehicular noise control was delegated to the States and local governments along with the de-funding of ONAC in 1981.  Mr. DeMocker, Sir, with all due respect, this is not a satisfactory answer or solution to the fact that our States and local governments and their law enforcement entities are failing and have been failing to intercede on behalf of the vehicular noise beleaguered citizenry for the past thirty-years. Please understand this: Our states and local law enforcement refuse to intercede on behalf of the suffering vehicular noise beleaguered citizenry! Our law enforcement community has become so entangled and compromised by their unethical participation in the illegal conduct in conjunction with our local elected leadership prostituting themselves with the Loud Motorcycle Cult[ure] at biker rallies for profit that it is absolutely mandatory the EPA and the US Congress provide a “National Uniformity of Treatment.” The noise beleaguered citizen is begging and pleading for your assistance! If not the EPA, to whom do we turn for intercession if our states and local governments refuse to protect us?
2. You acknowledge the admirable enforcement endeavors of the EPA relevant to the recent civil action against Harley Davidson Motor Company pertaining to the Clean Air Act and the air pollution caused by Harley’s Screaming Eagle Super-Tuner devices.  What you fail to acknowledge is the fact that the Noise Control Act and the Code of Federal Regulations, not the Clean Air Act, are the actual initiators of this violation, the subsequent civil action and enforcement initiative.
3. Mr. DeMocker, you emphasize the fact that the EPA v. Harley civil action focused not on noise emissions but on the emissions of “hydrocarbons and nitrogen oxides.”  You then emphasize the injurious physiological ramifications of these pollutants which have been documented as causative factors in cases of “asthma attacks, respiratory illnesses (redundant), and premature death.” Mr. DeMocker, what you have failed to acknowledge is the well documented physiological injurious effects of unregulated environmental noise, with an emphasis on vehicular noise as it relates to human physiology.  Physiological injury such as those articulated on the EPA Website which includes the statement… “Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects.” “The EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices.” 

With all due respect Mr. DeMocker, the EPA is gagging at a gnat (air pollution and silly, non-substantiated, global warming concerns) while swallowing a camel (noise pollution), a most undeniable and significant in-your-face/ear vehicular noise pollution problem that cannot be ignored…a vehicular noise pollution problem that destroys the daily quality of life for many millions of American citizens and needlessly endangers their health and welfare according to the United States Congress…

42 U.S. Code § 4901 – Congressional findings and statement of policy

(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.

(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.

Mr. DeMocker, it is imperative that the EPA stop the obfuscation and stop the excuses for failing the vehicular noise beleaguered citizenry.  Again, our state and local governments care absolutely nothing for the vehicular noise beleaguered citizenry and as retired 31-year police veteran, I can substantiate that fact!

Also, the EPA’s failure to control and regulate the criminal conspiratorial marketing strategies of the motorcycle aftermarket industry is nothing less than pure negligence on the part of an Agency tasked with the responsibility of protecting and defending the rights of the American citizen relevant to environmental issues. Mr. DeMocker you defer culpability for non-enforcement to our states and local governments, but I ask you Sir, what Agency actually has jurisdiction and authority and is responsible for regulating an industry that criminally conspires to market illegal products which negatively affect the environment, the health and welfare and the quality of life of the American citizen – illegal products  that are distributed on a Nationwide basis, across State lines, involving manufacturing, labeling, distributing, retailing, installation, operation?

The EPA’s myopic obsession with air pollution has resulted in a complete disregard for that two-year old child and her fatigued mom who reside in a poorly constructed 2nd-floor apartment overlooking a very busy intersection in Anywhere, USA.  Twenty-four hours a day, seven days a week, that child and her mom are bombarded by the Loud Motorcycle Cult[ure] (as well as the illegally Loud Auto and Truck Cult[ure]) comprising some 60% to 80% of the motorcycling population.  These motorcycle noise bullies have opted to ignore Federal and State law by installing a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE aftermarket exhaust on their motorcycle emitting four-to-eight-times (logarithmic scale) the legal “total” “safe” motorcycle noise emissions of 80 dB(A) – noise emissions that are audible for over one-mile under hard acceleration, yet the EPA obfuscates and denies any responsibility while local and state law enforcement sip their coffee and look the other way; this, while the before mentioned child and her mom suffer!  Why?

As a retired 31-year veteran of the Houston Police Department and as a concerned American citizen, I am very ashamed of the United States Environmental Protection Agency for its failure to perform its duties and responsibilities relevant to illegally equipped, dangerously loud, intrusive, motorcycles, automobiles and trucks!

Original letter to the EPA can be viewed at: https://rickeyholtsclaw.wordpress.com/2016/09/16/loud-motorcycles-the-epa-a-plea-for-intercession/

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired, Cell: 479-259-7041                                                          Concerned Citizens Against Loud Motorcycles

rickeyholtsclaw@gmail.com or rickholtsclaw@yahoo.com

15 September 2016

Dear Director Gina McCarthy,

Hello Director McCarthy and the dedicated employees of the United States Environmental Protection Agency (EPA).  My name is Rickey Dale Holtsclaw.  I am an honorably retired thirty-one-year veteran of the Houston Police Department.  During my tenure with the Houston PD, I served in radio patrol, motorcycle patrol and as a commercial rotorcraft patrol pilot.  During my enforcement years, traffic enforcement was a major part of my patrol responsibilities and it was during those traffic enforcement years that I gained an experiential knowledge of motor vehicle laws, especially laws relevant to motor vehicle noise emissions and the strategies involved in successfully enforcing and adjudicating vehicular noise violations.

The subject of this letter and the evidence provided relevant to same is based on my hands-on experiences as a law enforcement officer and avid motorcyclist, but the sincere and heartfelt request for your Agency’s intercession comes from the heart and concerns of a Husband, a Father, a Grandfather.  The subject of this letter is the role of the Environmental Protection Agency relevant to the exponential increase, OUT OF CONTROL, vehicular noise problem on our Interstates, roadways and within the communities of America.  Though illegally modified and illegally equipped automobiles and medium-to-heavy duty trucks are a major source of NOISE pollution, this letter is focused on the most egregious source of vehicular noise pollution confronting the American Citizen on a daily basis, the modified or illegally equipped motorcycle operated by men and women within a subculture of the motorcycling community I commonly refer to as the Loud Motorcycle Culture.

The Facts

Some 60% to 80% of the roadway-use motorcycles operating on the public roadways of the United States have had their US EPA compliant, factory-installed muffler removed and replaced with a “NOT FOR ROAD USE,” CLOSED-COURSE, COMPETITION aftermarket exhaust (many are unlabeled) that emits between four-and-eight+ times (measured on a logarithmic scale) the legal 80 dB(A) stipulated as the minimum safe level of motorcycle noise exposure for the general public.  I have provided a partial list of aftermarket manufacturing companies in the addendum accompanying this letter.

V.

In 1972, the United States Congress passed the “Noise Control Act” and prefaced said Act with the following statement,

42 U.S. Code § 4901 – Congressional findings and statement of policy

(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.

(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.

In 1981, the Office of Noise Abatement and Control (ONAC) was de-funded at which time the United States Environmental Protection Agency stepped-back from an active role in environmental noise issues and delegated complete responsibility for noise control to the States and Local Governments. Director McCarthy, our State and Local Law Enforcement entities have miserably failed the vehicular NOISE beleaguered citizenry for over five-decades.  A change to the failed status quo is long over do; therefore, I plead for the EPA’s intercession.

The US EPA declares,

In the past, EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. EPA phased out the office’s funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were never rescinded by Congress and remain in effect today, although essentially unfunded.  https://www.epa.gov/aboutepa/epa-history-noise-and-noise-control-act

The EPA continues…

What is Noise Pollution?

The traditional definition of noise is “unwanted or disturbing sound”.  Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one’s quality of life.  The fact that you can’t see, taste or smell it may help explain why it has not received as much attention as other types of pollution, such as air pollution, or water pollution.  The air around us is constantly filled with sounds, yet most of us would probably not say we are surrounded by noise.  Though for some, the persistent and escalating sources of sound can often be considered an annoyance.  This “annoyance” can have major consequences, primarily to one’s overall health.  

 Health Effects of NOISE Pollution as per the US EPA…

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

Sources of Noise Pollution as per the US EPA…

EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices. 

A Brief Review of the Legislative Aspects of Noise Pollution by Dr. Brind Kumar*, Sharad V. Oberoi@, Akash Goenka

Excerpt:

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

The EPA, Local and State Enforcement of Vehicular Noise

During my thirty-one-year tenure with the Houston Police Department, I personally observed the exponential increase of dangerous, intrusive, illegal motor vehicle NOISE while observing, with shame, sworn law enforcement officers becoming some of the most prolific violators of the muffler laws.  Not only were civilian motorcyclists cutting the mufflers off of their motorcycles or purchasing NOT FOR ROAD USE/racing exhausts and installing them on their street motorcycles, but my fellow officers were forming law enforcement motorcycle clubs and law enforcement biker gangs where the operation of an illegally equipped, illegally LOUD motorcycle was (and is) expected and was (and is) the status-quo.

Over the years, I watched as the motorcycling community morphed into organized members from the white-collar/blue-collar social strata possessing disposable income as the motorcycle also morphed from an item of novelty to a major source of transportation.  The “motorcycle” became associated with a “lifestyle of freedom,” an icon of independence and individuality – a vehicle of expressed machismo.

Along with this façade came the influence of the venerable Group Dynamic and illegal motorcycle NOISE became Iconic – that NOISE is a coveted identifier within the “LOUD Biker Cult[ure]” and it is that NOISE forming the cohesive element of the motorcycle “brotherhood.” As history will confirm, where there is a need, desire or a want and where there is money to acquire that wanton desire, there will be those profit-minded suppliers to fill those desires, irrespective of the legality; therefore, I watched as a plethora of motorcycle aftermarket manufacturers emerged onto the motorcycle soundscape.

The Motorcycle Aftermarket Exhaust Industry – (an undeniable criminal conspiracy)

Director McCarthy, as I mentioned earlier, some 60% to 80% of the motorcycles operating on our public roadways today are illegally equipped with incredibly LOUD aftermarket exhaust mechanisms that mock the “protective intent” of the Code of Federal Regulations.  Aftermarket motorcycle exhaust companies like Vance and Hines, Rinehart Racing, Python, Bubs, Cobra, D&D, Yoshimura…on and on the list goes. (See addendum)

These motorcycle aftermarket companies are manufacturing motorcycle exhausts that in no way conform to the NOISE and PARTICULATES emissions standards as set-forth by the US Environmental Protection Agency; emissions standards enacted/codified by the EPA specifically for the protection of the health and welfare, the quality of life of the American Citizen. This criminally conspiratorial conduct of the motorcycle aftermarket manufacturers has not manifest in secret, but these companies have thumbed their lawless, rebellious, nose at the law for many years and they’ve openly and unashamedly advertised their illegal products via the public media for decades. Director McCarthy, why has the US EPA failed to regulate the criminal conspiracy existing among the,

• Manufacturers of illegal aftermarket motorcycle exhausts?
• The Distributors of illegal aftermarket exhausts?
• The Retailers of illegal aftermarket exhausts?
• The Installers of illegal aftermarket exhausts?
• The Operators of motorcycles equipped with illegal aftermarket exhausts?

I am aware of the aftermarket exhaust manufacturers deceptive marketing tactic of covertly/discreetly labeling their products as “CLOSED COURSE” in an attempt to defer culpability while these shady companies know full well that their non-compliant, illegally LOUD and PARTICULATE-POLLUTING product is destined for installation on a street-use motorcycle. These aftermarket motorcycle exhaust companies, expressing absolutely no fear of regulatory intervention, make no attempt to conceal that fact as they blatantly and openly advertise their illegal products affixed to street motorcycles in the public media while selfishly expressing no concern for the health and welfare or the quality of life of the American Citizen.

For more information on the conspiratorial nature of the motorcycle aftermarket industry, please see the following detailed article published by Dealers News.  Please understand that the carefully worded obfuscation “Shades of Gray” is actually “Black and White” as the subject relates to the marketing of illegal motorcycle aftermarket exhaust mechanisms…

SHADES OF GRAY: Selling and installing aftermarket exhausts, and the legal liabilities for dealers

http://dealernews.prod.as2.guidance.com/dealernews/article/shades-gray-selling-and-installing-aftermarket-exhausts-and-legal-liabilities-dea

Motorcycle Dealerships

The motorcycle dealerships in the United States, some possessing absolutely NO FEAR of regulatory intervention, defiantly remove the US EPA factory-installed muffler from some of their “new inventory” and install illegally LOUD aftermarket exhausts as a packaged retail marketing strategy.

See: https://www.youtube.com/watch?v=HsN6rBbWiQI and my personal article: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

Many motorcycle dealerships advertise and retail their used inventory outfitted with illegal aftermarket exhausts and lie to or ignorantly misinform their customers that the exhausts are “49-State legal” See:

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

 EPA Muffler Labels and the Motorcycle Manufacturer

Some motorcycle manufacturers, Harley Davidson in particular, are no longer placing the US EPA Muffler Label in a “readily visible location” as mandated in the Code of Federal Regulations. In order to examine the EPA muffler label, one is required to get down on their hands and knees to see the embossed label at the four to five O’clock position low.  The aftermarket motorcycle exhaust companies and a number of motorcycle manufacturers are making a laughing-stock of the Code of Federal Regulations thereby expressing absolutely no concern for regulatory intervention.  See my article on this subject at: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

The EPA/Harley Davidson and the Truth regarding those “Super Tuners”

Personally, I am very grateful and applaud the US EPA for their recent enforcement of the Clean Air Act and regulatory lawsuits aimed at Volkswagen/Audi and Harley Davidson, but where is the EPA’s enforcement of the physiologically intrusive entity that is destroying our daily quality of life and negatively affecting our health and welfare i.e. unregulated, incredibly LOUD, physiologically dangerous, illegal motorcycle NOISE as regulated by the Noise Control Act and the Code of Federal Regulations?

The EPA sued Harley Davidson under the “Clean Air Act” for the company’s marketing/retail of super tuner devices that defeat/alter the emissions systems on their motorcycles.  Fact is, these “super tuner” devices would not be necessary if the motorcycle’s owner had not tampered with or removed the factory-installed, EPA compliant muffler and replaced same with an illegal aftermarket exhaust that, in far too many instances, requires the removal of the catalytic converter and/or the O2 sensors, yet not one word was mentioned in the articles I viewed about the actual culprit that inspired the lawsuit i.e. the installation of an illegal aftermarket exhaust mechanism affecting the fuel-control system of the motorcycle thus requiring a “super-tuner” for remapping the fuel injection system.

Truth is, that aftermarket muffler was purchased for the sole purpose of making illegal NOISE for hedonistic motives – let’s face the facts…no one purchases an antiquated Harley Davidson product for its “performance” capabilities. These “Screaming Eagle” super-tuners are only necessary because the owner of the iconic Harley product sought to defeat the acoustical dampening characteristics of the quiet US EPA approved factory-installed muffler; therefore, it is the “Noise Control Act” and the Code of Federal Regulations’ “noise” emissions restriction that actually undergirded the regulatory civil action. Why was this fact not publicized?

A Heartfelt Plea for Intercession

Director McCarthy, I’m tired and I’m pleading for your assistance…

• The police negligently refuse to intercede on behalf of the motorcycle noise beleaguered citizenry. A freedom of information request I conducted revealed that in a six-month span of time, the three Arkansas Municipalities hosting major motorcycle rallies issued ZERO citations for muffler infractions, though many thousands of motorcycle, auto, truck, muffler infractions were traversing the roadways of Arkansas on a daily and nightly basis. My current State of residence, Arkansas, has enacted a very articulate motor vehicle muffler law to-wit Arkansas § 27-37-601 requiring the “factory-installed muffler” and part (B) of that statute forbids the sale/retail of an exhaust mechanism that does not conform to the specifications of the factory-installed muffler.  Director McCarthy, my enforcement survey over a six-month period of time involving the Arkansas State Police and the Arkansas Highway Police plus four Arkansas Municipalities confirmed that not a single, NOT ONE, investigation was initiated by these enforcement entities relevant to motorcycle, automobile and truck muffler retail facilities selling and installing illegal aftermarket exhausts in direct violation of Arkansas’ State Law and Federal Law…see my personal video on this subject at: https://www.youtube.com/watch?v=XZ–8v2S784 The Internet provides evidence of this law enforcement nonfeasance/non-enforcement on a Nation-wide scale. Law enforcement simply refuses to intercede on behalf of the motorcycle noise beleaguered citizenry and stare decisis, via our Federal Courts, shelters them from liability resulting from non-enforcement/non-protection via police protection exemptions – except under very specific scenarios that nullify the police protection exemption.  To whom does the motorcycle noise beleaguered citizen turn for intercession seeing that our police are too participatory, apathetic and unconcerned to enforce the vehicular noise laws enacted specifically for our protection?
• Our mayors and police chiefs prostitute themselves with the Loud Biker Culture via “motorcycle rallies” where, at a minimum, 60% to 80% of the motorcycles involved in these rallies are illegally equipped, egregiously LOUD and intrusively emitting multiples of the legal 80 dB(A) total motorcycle noise emissions as mandated in the Code of Federal Regulations for 1986-year model motorcycles forward. This, while these city officials, acting under the color of law, refuse to enforce the well-established muffler laws enacted for our protection and in turn, provide “police protection” for the law breakers of the Loud Motorcycle Culture purely in the interest of profit and political expediency.  Please view a sample video of the 2016 Steel Horse Motorcycle Rally in Ft. Smith, Arkansas and the Bikes, Blues, BBQ Rally – Fayetteville.  Count the “legally” equipped motorcycles with their US EPA factory-installed mufflers installed:   https://www.facebook.com/sholtsclaw1/videos/10208933923212601/  and https://www.youtube.com/watch?v=gAYQ0dfJnVE Director McCarthy, if our police won’t protect us, if our local leadership abuses the protective intent of the United States Constitution and denies the citizenry the protective intent of the well-established muffler laws, where do we turn for help?  Where does a Dad turn for protection and intercession on behalf of his family that is audibly assaulted, bullied and abused by the Loud Motorcycle Culture?
• The aftermarket motorcycle industry makes a laughing-stock of the Code of Federal Regulations, but the US EPA turns a blind eye and deaf ear to their criminally conspiratorial marketing strategies while the motorcycle noise beleaguered citizens suffer. Yes, air quality is very important, but where is the much needed attention relevant to the egregious, illegal and intrusive vehicular NOISE that “daily” destroys our quality of life and endangers our health and welfare?

A National Uniformity of Treatment –  (One Motorcycle Muffler Law)

Director McCarthy, please intercede on behalf of the motorcycle NOISE beleaguered citizenry.  Please petition Congress to stop the vehicular noise madness and to please stop compromising themselves with the Motorcycle Rights Organizations headquartered in Washington D.C..

Please petition Congress to institute a “national uniformity of treatment” relevant to a “National Motorcycle Noise Enforcement Standard” – please stop the disparity and inherent confusion in vehicular noise laws from one State to another, from one municipality to another.  This statutory inconsistency inevitably results in confusion that undermines effective enforcement protocol…the non-enforcement and non-control by law enforcement while the hedonistic purveyors of illegal motor vehicle noise run slipshod over the muffler laws enacted specifically for the protection of our health and welfare and our quality of life.

Please establish ONE National Law for motorcycle noise enforcement e.g. the US EPA approved factory-installed muffler or an aftermarket muffler conforming to the acoustical dampening characteristics of the factory-installed muffler, both of which must be properly “labeled in a readily visible location.” Please enact the “US EPA muffler label” as the National Enforcement Standard – our States and local law enforcement entities have completely failed us!

For additional information relevant to motorcycle noise enforcement protocol, please see my enforcement article, “Motorcycle Noise Enforcement – 101”: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

Also 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/

To observe the attitude and personality-type involved in the Loud Biker Culture, please view their comments in response to adversity toward their perceived “right” and “entitlement” to ride illegally loud: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Conclusion

Vehicular NOISE pollution is out of control in the United States and the individual States and local authorities are unwilling to intervene and stop the vehicular NOISE madness. Director McCarthy, please…

1. Regulate the unethical, conspiratorial, illegal marketing tactics of the aftermarket motorcycle industry.
2. Please petition Congress to institute a National Uniformity of Treatment – Motorcycle Enforcement Protocol consisting of the US EPA muffler label as the “National Motorcycle Noise Standard” for all street-use motorcycles and to enhance the penalty phases for subsequent violations of the Federal Muffler Law.  I have personally witnessed the ability of the Federal Government to motivate local and State law enforcement into action relevant to specific enforcement needs via withholding Federal Grants and funds for infrastructure maintenance and new construction as well as providing funding for police overtime initiatives for specific enforcement concerns.  It can be done and you, Director McCarthy, are in a position of authority to ensure that the American Citizen is protected from the audible abuse of the Loud Motorcycle Culture.

Director McCarthy, if you opt to obfuscate and blame a lack of funding or a lack of personnel thereby refusing to intercede on our behalf, remember that our children, our posterity, will NEVER understand the concept of “domestic tranquility” as it relates to community.  We plead for your assistance and intercession!

“The worst evil of disregard for some law is that it destroys respect for all law” Herbert Hoover, United States President

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired

Concerned Citizens Against Loud Motorcycles – Facebook

 Addendum

Following, is a partial list of aftermarket motorcycle exhaust manufacturers flooding the motorcycle market and our streets with illegal, egregiously LOUD and DIRTY non-compliant motorcycle exhausts…why is this permitted to continue? Where is commonsense and common decency?  Where is the care and concern for the vehicular NOISE beleaguered American Citizen? List was last edited in April/2009.

List acquired from: http://pnwriders.com/threads/exhaust-company-list.50742/

Akrapovic – http://www.akrapovic-exhaust.com

ANR – http://www.anrperformance.co.uk/

Arata – http://www.arata-ex.com/

AreaP – http://www.areapnolimits.com/home.html

Arrow – http://www.arrow.it

ART – http://www.artexhausts.com

Axcial – http://www.axcial-sport.com/moto/moto.html

Barabbas – http://mysite.freeserve.com/barabbas

Beet – http://www.beet.co.jp/index2.html

Black Hole Exhaust for BMW – http://rbracing-rsr.com/bmwexhausts.html

Black Widow – http://www.bwracing.com

Blue Flame – http://blueflameperformance.com

BOS – http://www.bos-exhausts.com

Boxer BMW Performance – http://www.boxer-performance.com/products.htm

Boz Bros – http://www.bozbros.com/exhausts.cfm

BSM – http://www.bsm-exhausts.com

Carbon Can Co – http://www.carboncan.co.uk

Cobra/Eagle Exhaust – http://www.speedpro.de/auspuffset.htm

D&D – http://www.danddexhaust.com

DAM – http://www.damexhaust.com/

Delkevic – http://www.delkevic.co.uk/

Devil – http://www.devilbikes.com

DPM – http://www.dpmsilenziatori.it

Dynomite- http://dynomite.co.uk/Dynosite/HTMLfiles/home_fin.html

E PRO – http://www.eijyupro.co.jp/toppage.htm

Erion Racing – http://www.erionracing.com

Cobra F1 Exhausts – http://www.cobrausa.com/

FC Racing – http://fc-racing.com/

FRC – http://monsite.wanadoo.fr/frc.echappements/

FMF Racing – http://www.fmfracing.com/

Foran (AU) – http://www.dropbears.com/f/foran/index.htm

Formula 1 – http://www.formula1mc.com.au/

G & G – http://www.gegbike.com/

G-Force – http://www.gforceexhausts.co.uk

Gianelli – http://www.giannelli.com/

Graves- http://www.gravesport.com/index.html

G.P.R. – http://www.gpr.it

Hard Rock Pipes – http://www.hardrockmotorsports.com/HR1_web/HR1_web_home.html

Harpoon – http://www.harpoon.es/

Harris – http://www.harris-performance.co.uk

High-Tes Exhaust (Spain) – http://www.jacmotors.com/

Hindle – http://www.hindle.com

Dale Walker’s Holeshot – http://www.holeshot.com/

HMF – http://www.hmfengineering.com/

Indigo Sports – http://www.indigosports.com/

Invader – http://www.trikbitzracing.iofm.net/invader.htm

Ixil – http://www.ixil.com/

Jack Lilley – http://www.jacklilley.com

Jardine – http://www.jardineproducts.com/home.asp

Jolly Moto exhaust (IT) – http://www.jollymoto.it

K-Factory – http://www.k-factory.com

Krieger – http://www.krieger-competition.com/

Laser/Jama – http://www.laser-jama.nl/

Leo Vinci – http://www.leovince.com

M4 – http://www.m4exhaust.com

Marving – http://www.marving.com/

Maxx – http://www.morini.com.au/maxx/index.html

Mecatwin – http://www.mecatwin.com/

MHP – http://www.jacklilley.com

Micron – http://www.micronexhaust.com

Mig – http://www.mig.fr

Mihara Specialty – http://www.mihara.co.jp/

MIVV – http://www.mivv.it/

Moriwaki – http://www.moriwaki.co.jp

Motad – http://www.motad.co.uk/

Muzzy – http://www.muzzys.com

Nikko – http://www.nikko-racing.com/

Nikon – http://www.nikonexhausts.co.uk/

Ninja – http://www.ninja.tm.fr

Nojima Japan – http://www.nojima-japan.co.jp/

NWS – http://www.n-w-s.com/#

Oshiro – http://www.oshiroridingtools.com/

Over Racing – http://www.over.co.jp/over_racing/index.html

Powermax – http://www.powermaxexhaust.com

Power Plant Fabrications – Super Maxx Race Exhausts – http://www.tyler6.freeserve.co.uk/

Predator – http://www.predatormotorsport.co.uk/

Promotive – http://www.promotive-exhausts.co.uk/

Quill – http://www.jbracing.co.uk/index.htm

Raven Racing – http://www.ravenracing.co.uk/

RC Koshien – http://www.rckoshien.co.jp/

Redline Exhaust (AU) – http://redline.vcsweb.com/index.html

Another company called Redline (UK) – http://www.redlinewunoff.co.uk/

Remus – http://www.remus.au

Renegade – http://www.renegade-exhausts.com

RS Product – http://www.rsproduct.com/nouveaute.php

Sato Racing – http://www.satoracing.com

Scorpion – http://www.scorpion-exhausts.com

Sebring Technology – http://www.sebring.de/

Side Kick – http://www.sidekickperformance.co.uk

Silmotor – http://www.silmotor.com

Spec A (Yamamoto Racing) – http://www.yamamoto-eng.co.jp/

SP Tadao Racing Parts – http://www.sptadao.co.jp/

Staintune – http://www.staintune.com.au/index.html

Sudco – http://www.sudco.com/

Sugaya – http://www.srs-sugaya.com/

Supertrapp/Kerker – http://www.supertrapp.com/

Superpole – http://www.superpole.nl/

Swona – http://www.swona.com/

Taylormade –

Thunder – http://www.thundercompetition.com/

Ti-Force- http://www.tiforce.com/top_page.html

Tigcraft – http://www.tigcraftusa.com/

Termignoni – http://www.termignoni.it/

TSR – http://www.tsrjp.com/

Tsukigi Racing – http://www.tsukigi.co.jp/

Tubi/HPE – http://www.tubistyle.it/home.htm

Two Brothers Racing – http://www.twobrothers.com

Vance & Hines – http://www.vanceandhines.com

Venom – http://www.venomexhausts.com/

Wolf – http://www.wolfracing.co.uk

Wiley Co – http://www.wileyco-racing.com

WRP – http://www.windtrading.it/

Wunoff – http://www.wunoff.co.uk

Yoshimura – http://www.yoshimura-rd.com

Zorstec – http://www.zorstec.net/

Ztechnik exhaust for BMW – http://www.ztechnik.com/

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

 

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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 Jihad “Fuck your children fuck you elderly and fuck your family go fuck your mother’s grave you fucking scumbag.”

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

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

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

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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

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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…

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.

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/

 

**********

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/

(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/

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

 

 

 

 

 

 

 

 

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

27150. (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

225. 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

2. 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.]

66. 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

803. 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 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.

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.

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…

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