A workable enforcement strategy for local and state law enforcement searching for viable options to countering the exponential growth of illegally modified, illegally equipped, illegally LOUD motorcycles on our public roadways. The following Power Point presentation only requires that relevant State laws and local ordinances be inserted into the program where applicable. “Thank You” to every law enforcement entity that endeavors to intercede on behalf of the millions of vehicular noise beleaguered citizens in the United States.
Note: The Modified Motorcycle Enforcement Guide – Power Point was created and graciously shared by a concerned citizen who wishes to remain anonymous though his local and state law enforcement entities are certainly appreciative of his work and tenacity in tackling the out-of-control vehicular noise debacle on our public roadways. Thank you!
General Form Letter
for the
Department of Environment (US EPA – State – Local)
Excerpt: Before a person can begin to understand the importance of an Outlaw Motorcycle Club (OMCs), they must understand what that is. An Outlaw Motorcycle Club is a very unique society of very few men who choose to be a part of something bigger than themselves and a brotherhood beyond any that cannot be found elsewhere.
Response to article by Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles – Facebook
As a retired law enforcement officer who worked as a patrol officer for over 31 years, I certainly would like to put-down my two-cents worth relevant to this article of praise and adoration for the thuggery of the 1%’er’s and their illegitimate brethren, the want-a-be Loud Biker Cult[ure]. I’ll sincerely make an attempt at brevity and succinctness; therefore, let’s discuss a few of the “high” points…
(1) You said: “An Outlaw Motorcycle Club is a very unique society of very few men who choose to be a part of something bigger than themselves and a brotherhood beyond any that cannot be found elsewhere.”
Response: An Outlaw Motorcycle Club is an antisocial group of rebellious men and women who have opted to pursue hedonism in obedience to their base-nature. Biker gangs i.e. the 1%er’s, are a product of the 1960’s counter-culture, anti-government, anti-establishment ideology. The “hippies” took the road to “peace and love” while the formation and coalescing of the biker-gangs from the post war era internalized rebelliousness and took the low-road of violence, turf warfare, drug dealing/money laundering, cop killing, rioting – VIOLENCE!
This very same hedonistic, machismo-thuggery is alive and well today and it is also the “facade” so endearing to the Loud Biker Cult[ure] polluting our roadways on their illegally equipped/illegally LOUD motorcycles while dressed to intimidate and garner attention like a hormone laden sixth-grade girl…men and women who dress, tat and talk like the biker thugs of the 60’s but are more of a pathetic, embarrassing facade i.e. more of a LOUD biker-“bully” want-a-be than the real-deal. How dare you glorify these criminals and thugs! Why is it that the outlaw biker gangs are on almost every federal watch-list and BATFE/FBI surveillance of their activities is a never ending form or federal law enforcement protocol?
(2) You said: “The earliest form of Outlaw was Jesus Christ himself, it’s because Jesus didn’t fit into the religious mold, or the government mold like the other 99% of society. Jesus and his followers were the 1% that didn’t “bow down” to the worlds ways.”
Response: What version of God’s word have you been reading and what particular form of hallucinogen were you consuming at that time? Jesus was NOT an outlaw – Jesus was the “fulfillment” of “the law,” the epitome of the moral law and the codes that derived their genesis from that “moral” law. Even Pontius Pilate, at the execution trial of Messiah, clearly stated that he could find NO FAULT in the man – Jesus called the Christ…and refused to pass sentencing. In fact, the Jewish leaders were forced to perjure themselves in order to pursue the execution of Jesus. Shame on you for referring to my Lord as an Outlaw and comparing him to a 1%’er thug biker!
(3) You said: “Many people will disagree with the importance of Outlaw Motorcycle Clubs. This is largely due to the lack of understanding and positive exposure to what these clubs do for our communities and some will dispute the negative claims while maintaining the integrity of their beliefs of the OMCs.”
Response: As I read through your pathetic defense of biker thuggery, I see that you are referring to the philanthropic and patriotic deeds of the LOUD biker cult[ure]. How naive to think that the arrogant, intrusive, unlawful, hedonistic, irresponsible, facadic intimidation of the Loud Biker Cult[ure] can be deferred or declared socially acceptable by the “good works” of a few who wear the leather and ride a motorcycle. I have published a video on this very subject titled: “Philanthropy or Thuggery” at: https://www.youtube.com/watch?v=dCvd-j6yMMM – in this video I discuss the hypocrisy of BACA, the Patriot Guard, the “Christian Biker” heresy and American Veteran biker organizations as well as the “Good Old Boys.”
I will stop at this point knowing that most won’t read what I’ve written already – but shame on you for glorifying biker thuggery in a society that has obviously lost its way morally and ethically as we’ve succumbed to the destructive ideology of Moral Relativism – the perfect sociological platform for the Loud Biker Cult[ure] and their associated embarrassing thuggery on our roadways and within our communities – hedonistic obsessed men and women who have unwittingly entangled themselves in the web of the powerful and influential “Group Dynamic.”
Sorry, but after policing the Loud Biker Cult[ure] for years and seeing the behavior, the vulgarity, the violence, the arrogance and antisocial conduct of the LOUD Biker Cult[ure] and the Outlaw Biker Gangs – I KNOW BETTER and though your article does contain historical truth, your premise is unsustainable and shameful! Men and women riding around on our roadways and within our communities dressed like thugs on illegally LOUD, illegally equipped motorcycles – audibly assaulting our children, our elderly, our handicapped, our families – there are no “good works” or words of glorification that can atone for their unlawful, intrusive, irresponsible behavior…if it quacks like a duck, walks like a duck, looks like a duck – – – it’s probably a duck!
One final note: In all of my 31+ years of dealing with societal thuggery, the very best probable cause for a patrol officer is an illegally LOUD biker or illegally LOUD auto/truck operator. I discovered that the personality-type that, with intent, modifies a motor vehicle to make illegal-senseless-irresponsible NOISE, then uses that noise to audibly assault our children, our elderly, our handicapped – this personality-type is very likely to offend in other areas of the criminal law; therefore, any patrol officer that will take the time and initiative to police the LOUD Biker Cult[ure] will, more often than not, experience a dramatic rise in their “warrant” arrest statistics – in other words, vehicular NOISE enforcement is simply good police work!
“Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. ” http://home.uchicago.edu/~mstaisch/Sharad/papers/Legislative%20Aspects%20of%20Noise%20Pollution.pdf
Illegally LOUD motor vehicles and Patriotic Conservatism? Hypocrisy defined!
As a Christian Conservative, former US Marine Infantryman, retired 31-year veteran of the Houston PD, I choose to stand in defense of the mom, the child, the elderly, the handicapped, our families, throughout the United States who are abused, harassed, threatened, intimidated, by a narcissistic, disrespectful, arrogant, lawless, segment of our mentally and spiritually ill American society; that is, those who choose to illegally modify a motorcycle, automobile, truck, to emit vehicular NOISE greater than the legal, relatively quiet, safe, OEM factory-installed muffler in violation of the protective intent of CFR 40 Part 205 enacted for the protection of the health and welfare, daily quality of life, of the American citizen.
There is absolutely NOTHING “conservative” or “patriotic” about abusing America’s most innocent with illegal vehicular NOISE. Though the US EPA, President Reagan (delegated vehicular noise enforcement authority to the States), both Bush administrations, Bill Clinton, the Obama—Biden and Trump administrations, state leadership, and their law enforcement community have miserably failed the vehicular-noise-beleaguered citizen, I choose to stand against America’s narcissistic bullies who offend and mock the laws enacted to protect our most innocent from the physiological and psychological harm done through the unencumbered operation of illegally LOUD, illegally equipped motor vehicles operated on America’s public roadways.
Though our representatives are compromised by their subservience to vehicular noise lobbyists, and though our law enforcement community is compromised by its participation in the Loud Vehicle Cult[ure], both in an on-duty and off-duty status, I choose to stand, and if my stance is offensive to you, so be it. You who advocate for, participate in, the vehicular noise abuse of our most innocent are mentally and spiritually ill; your mental illness is rooted in unrestrained narcissism and selfishness. Those who remain silent while our most innocent are abused daily and nightly by vehicular noise terrorists, if you’re uninformed, please get informed and get involved by speaking out and contacting your representatives; if you’re informed and knowledgeable and you do nothing, you are a coward. Vehicular NOISE abuse is out of control in the United States; it’s time the narcissistic vehicular noise bully be stopped!
” Steel Horse Motorcycle Rally, ” Fort Smith, Arkansas….child protecting her ears due to the unlawfully loud motorcycles in attendance…shame on her parents, but more shameful are those who abuse this child with illegal motorcycle noise and the Mayor and the Governor and the Attorney General who not only allow it but prostitute themselves with the vehicular NOISE thugs via “Biker Rallies” and “Car Shows” for tax revenue and the city coffer while the innocent tax-payer suffers. Arkansas AR Code § 27-37-601 requires the relatively quiet factory installed muffler or one duplicating factory specifications, part (b) of this statute prohibits the sale/retail of aftermarket exhausts in Arkansas that do not comply with quiet, factory installed muffler specifications yet Governor Sanders and her Attorney General, the Arkansas State Police, do absolutely NOTHING to enforce these laws enacted for the protection of the citizenry in Arkansas. This is misfeasance, malfeasance, nonfeasance by Arkansas’ public officials! Governors, Mayors, State Attorneys General, State Law Enforcement Officials, across the United States are as guilty of nonfeasance as Arkansas’ leadership; this, as vehicular noise thugs rule our roadways and abuse the American citizen with impunity.
Aggressive Driving and Illegal Vehicular NOISE – a deadly inextricable link ignored by law enforcement – WHY?
Are our Federal and State Legislators; our Governors and their State Attorney General; our Mayors and City Councils; our County Commissioners, financially compromised with the illegal Aftermarket Exhaust manufacturing Industry, Motorcycle “Rights” Organizations, their lobbyists? Is political greed, graft, compromise, circumventing enforcement and consequently destroying our daily quality of life, recklessly endangering our health and welfare?
Why can’t those in positions of authority, leadership, legislation, enforcement, recognize the causal, inextricable, link between riding and driving illegally LOUD and aggressive, dangerous, driving behavior on our public roadways that far too often results in serious injury or a fatality?
Fact: Driving-Riding illegally LOUD is inextricably linked to aggressive driving behavior. Stop the illegal vehicular NOISE = substantial reduction in aggressive driving = exponential reduction in traffic fatalities.
Question/Discussion,
It is beyond reasoning and understanding why those responsible for providing protection, intercession, from aggressive vehicular thugs, those who seek to abuse the American citizen with illegal vehicular NOISE and aggressive driving behavior cannot discern the undeniable link, cause and effect, between deadly aggressive driving behavior and illegal vehicular NOISE.
If those tasked with providing protection for the American citizen operating a motor vehicle upon America’s public roadways would take the initiative to ensure, mandate, enforcement of Federal, State and Local vehicular NOISE laws, serious traffic accidents and traffic fatalities would be greatly reduced.
If those tasked with providing the American motorist protection would mandate that law enforcement employ illegal vehicular NOISE as lawful “probable cause” for a stop and investigate as per “Aaron C. Aguilar v. State of Texas (2008),” the overwhelming majority of those who drive and ride aggressively on our public roadways would be stopped, cited, their names entered into a Federal, State, database with a permanent record useful for future critical traffic oriented incidents, liability and license suspensions/revocations.
The spiritual and philosophical aspects of riding and driving illegally LOUD…
The WHOLE DUTY OF MAN is to know and love his/her Creator, as introduced in Genesis 1 and John 1 of the Holy Bible.
The WHOLE DUTY OF MAN is to LOVE and HONOR Elohim, the Father, Son and Spirit with one’s whole heart, strength, mind, and body.
The WHOLE DUTY OF MAN is to love and support and show respect for one’s neighbor, the whole of humanity within their sphere of influence; that is, those created in the spiritual image of Elohim.
The destructive, illegal, selfish, narcissistic, proudful, and arrogant act of riding and driving illegally LOUD is abusive behavior that destroys daily quality of life and recklessly endangers the health and welfare of the most innocent in society; therefore, riding and driving illegally LOUD offends our Creator and elicits His divine wrath in response to the abuse of His children, those who trust in Him for protection, provision, and eternal life; therefore, Elohim will not be mocked, and those who abuse society’s most innocent via vehicular noise abuse will most certainly reap what they are sowing.
LOUD Biker, Auto and Truck operator, why not be a gentleman and strive to do no harm? Why not ride and drive with the legal, regulated, tested, approved, safe, 80dB(A), factory-installed OEM muffler designed specifically for your motor vehicle as per CFR 40 Part 205 and thereby honor and respect your fellowman and his family, the elderly, our handicapped, our children? Why not strive to do no harm and show kindness, respect, honor, dignity, to your fellow American citizens?
Today’s vehicular NOISE abuse is Yesterday’s smoking in public places – and – just as physiologically injurious to the cardiovascular system relevant to stress related illnesses
Today’s vehicular NOISE is yesterday’s smoking in public places. Educating our local, county, state, legislators concerning the physiological harm done and the destruction to daily quality of life can change things and lobbying our representatives at the federal level can initiate financial coercion upon the states to comply with CFR 40 Part 205, motorcycle muffler labeling and safe 80dB(A) mandates delegated to the States by Congress for enforcement. Doing NOTHING ensures failure….at least make a stand for what is right and protect our most innocent from vehicular NOISE abuse.
Noncompliant aftermarket exhausts on motor vehicles operating in violation of CFR 40 Part 205 and State muffler laws that mirror the protective intent of the Code of Federal Regulations DO NOT belong on our public roadways but on closed-course racing environments ONLY.
Physiological Dangers of Unregulated Motor Vehicle Noise
Please, take a moment and consider the following statement by a Mr. Charles Lang, Physics Instructor…
I’m glad someone brought up the issue of the impact and measurement of sound levels. Yes, this is a scientific measurement of sound levels which are, by design and implementation, measures of air pressure variations. A commonly used unit of air pressure is the Pascal (in honor of Blaise Pascal, the father of fluid dynamics). It is sometimes confused with sound power measurements (energy, watts over time). Both are logarithmic (exponential) mathematically and somewhat perceptibly. Thus a six deciBel (honoring Alexander Graham Bell) increase in pressure is a 4x increase in power. I could go in to much more detail but this isn’t the forum to do so. I have taught the physics of sound at a college level, and have spent much of my academic career studying it.
Back to the point, Measurement and effect are somewhat different. Now I’m being academic. The common (legally) used scale for noise measuring instrumentation is “A” weighted, meaning that it accounts for the statistical interpretation of what humans are most sensitive to. I, personally and professionally, don’t agree that an “A” weighted scale tells the whole story. I’m alone in that assessment as far as the EPA and other regulators. This is why I differ. The human sensory system is designed for survival of the species. When we hear a roar (low frequency energy diminished by the “A” weighted instrument), it does not reflect our visceral response. Our adrenal glands produce cortisol designed for “flight or fight”. We haven’t yet evolved beyond that. This human response is well known. Our bloodstream is inundated with a hormone designed to keep us safe. Unmuffled vehicles produce energy below what our ears perceive Yet our body does. It’s known as infrasound. Our military is very aware of this phenomena. We’re wired for it!
Noise is power in every sense, literally and figuratively, and should be minimized such that when it’s necessary for survival it’s useful. Otherwise, it’s like Aesop’s fable of continually “crying wolf”. It eventually loses its innate usefulness. Then we die! Mostly from stress related illness, like the number one killer in America, heart disease.I am so perplexed as to why three percent of the population (or less) [the Loud Motorcycle Culture] has this much power over our lives. Man, I could go on…as I type this… unmuffled motorcycles, trucks, et al invade my domicile and my mind, with such a stupid, selfish, idiotic declaration of their perceived freedom. Not to mention our political representatives who blindly support them, cynically, for campaign donations. Sorry Rick, but showing me how evil they are…well, my outrage meter is broken. I have a dark heart today!
Illegal Vehicular Noise – A Nationwide Plague upon the American Citizen – Solutions?
Protection is the number-one responsibility of Government. The US Congress delegated authority, responsibility, concerning enforcement of the protective intent of US EPA CFR 40 Part 205 to the individual States, the Governor, State Attorney General, State Law Enforcement, Local Law Enforcement. Pervasive evidence spanning the previous forty-years confirms that State and Local enforcement relevant to abusive, illegal, vehicular NOISE has been an abysmal failure. What can be done?
The US Congress and the US EPA must pass legislation restricting or denying transportation funding/grants to any State that refuses to aggressively enforce violations of the protective intent of CFR 40 Part 205 of the Code of Federal Regulations as it pertains to vehicular noise emissions and labeling of mufflers. CFR 40 Part 205, vehicular noise restrictions requiring total vehicular noise emissions not exceed a relatively safe 80dB(A) for street-use motorcycles, automobiles, light-medium duty trucks.
The US Congress and the US EPA must pass legislation requiring States to initiate an annual vehicular safety inspection program and as part of that vehicular safety inspection, the muffler/exhaust mechanism affixed to those vehicles undergoing inspection must be examined for compliance with the protective mandates of CFR 40 Part 205. State Law, relevant to motor vehicle mufflers and noise emissions, must be worded with legal elements that conform to the OEM-factory installed mandates of CFR 40 Part 205; this, in compliance with the Supremacy Clause of the United States Constitution.
The US Congress and the US EPA must demand that the States take civil and criminal action against those companies who manufacture, distribute, retail, install, aftermarket exhaust mechanisms for motor vehicles; specifically, those motor vehicles to be operated upon the public roadways of the United States, that do NOT conform to the safety mandates of CFR 40 Part 205 concerning NOISE energy emissions and proper labeling of mufflers for street-use motorcycles. Any exhaust manufacturer refusing to comply with CFR 40 Part 205 should be civilly sued into insolvency and criminally charged relevant to their contributions to the vehicular noise abuse of the American citizen. Illegal vehicular noise is sound energy and is a physical assault upon the American citizen that destroys daily quality of life and recklessly endangers the health and welfare of anyone exposed to same.
The US Congress and US EPA, as part of their agreement with the States concerning transportation funding/grants, must insist that the operators of illegally equipped motor vehicles, illegally LOUD motor vehicles in violation of CFR 40 Part 205, be subject to a progressive increase in fines with continuing violations resulting in arrest, incarceration, impoundment of the noncompliant vehicle until such time arrangements are made to return said vehicle to an OEM-factory installed condition.
The US Congress and US EPA must provide oversight relevant to Governor and Mayoral prostitution, graft, misfeasance, malfeasance, compromise, with members of the LOUD Motorcycle, Auto, Truck, Cult[ure] where State and Local Government leadership invites into their State and/or Municipality operators of illegally LOUD motor vehicles for shows, rallies, where the citizenry of those States, Municipalities, are audibly abused, day and night, by the attendees operating motor vehicles that do not comply with the protective intent of CFR 40 Part 205 and applicable State muffler laws relevant to vehicular noise emissions.
Every State must acknowledge a law enforcement officer’s legal right to use suspected illegal vehicular NOISE as lawful “probable cause” to stop, cite, investigate the operator of said suspect vehicle; this, in accordance with Texas Court of Appeals case “Aaron C. Aguilar v. State of Texas (2008).” https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html Aaron C. Aguilar v. State of Texas (2008) does provide a law enforcement officer the authority to determine what is “excessive and unusual noise” emanating from a motor vehicle.
The US Congress and US EPA can easily expedite State enforcement of State muffler laws duplicating the protective intent of CFR 40 Part 205 (80dBA) by mandating an inspection muffler label for all compliant mufflers as currently required for motorcycle mufflers on street-use motorcycles. Stamping, heavily embossing, a US EPA muffler label in a readily visible location for inspection by enforcement officials will act as prima facie evidence of a muffler’s compliance. Of course, tampering will remain a concern as will illegal products inserted into the exhaust mechanism such as Flowmaster, Magnaflow, BORLA, exhaust inserts. Tampering and illegal inserts are easily discernable due the sound energy emitted by the offending exhaust mechanism. Currently, manufacturers of illegal aftermarket exhaust mechanisms are distributing “sound-on/sound-off” options that allow an operator the ability to manipulate noise emissions on the fly thereby concealing their illegality when law enforcement is present.
(a) Low Speed Noise Emission Standard. Vehicles which are manufactured after the following effective dates shall be designed, built and equipped so that they will not produce sound emissions in excess of the levels indicated.
Effective date
Level
(i) January 1, 1979
83 dBA.
(ii) January 1, 1988
80 dBA.
(b) The standards set forth in paragraph (a) of this section refer to the sound emissions as measured in accordance with the procedures prescribed in § 205.54-1,2.
(c) Every manufacturer of a new motor vehicle subject to the standards prescribed in this paragraph shall, prior to taking any of the actions specified in section 10(a)(1) of the Act, comply with the other provisions of this subpart or Subpart A, as applicable.
Motorcycles
§ 205.152 Noise emission standards. Motorcycles
(a) Noise emission standards.
(1) Street motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated:
(i) Street motorcycles other than those that meet the definition of § 205.151(a)(2)(ii):
Model year
A-weighted noise level (dB)
(A) 1983
83
(B) 1986
80
(ii) Street motorcycles that meet the definition of § 205.151(a)(2)(ii)(moped-type street motorcycles):
Model year
A-weighted noise level (dB)
(A) 1983
70
Motorcycle Labeling Requirements
§ 205.169 Labeling requirements. Motorcycles
(a) The manufacturer of any product (including the manufacturer of newly produced motorcycles) subject to this subpart must, at the time of manufacture, affix a permanent, legible label, or mark of the type and in the manner described below, containing the information provided below, to all such exhaust systems or exhaust system components to be distributed in commerce.
(b) The labels or marks shall be affixed in such a manner that they cannot be removed without destroying or defacing them, and must not be applied to any part which is easily detached from such product.
(c) The label or mark shall be in a readily visible position when the exhaust system or exhaust system component is installed on all motorcycles for which it is designed and marketed.
(d) All required language shall be lettered in the English language in block letters and numerals in a color that contrasts with its background.
(e) The label or mark must contain the following information:
(1) For exhaust systems subject to the noise emission standards of § 205.166:
(i) The label heading: Motorcycle Exhaust System Noise Emission Control Information;
(ii)
(A) For original equipment and replacement exhaust system, the following statement:
This (manufacturer’s name) exhaust system (serial number) meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system on motorcycle models not specified may violate Federal law.
(B) For exhaust system components designed and marketed for motorcycles, and tested in accordance with § 205.168 as a constituent of a complete exhaust system comprising non-original equipment components (other than itself), as provided for in § 205.166(b)(3), the following statement:
This (manufacturer’s name) (type of component) (serial number), when installed with a legal (type of component), meets EPA noise emission requirements of (noise emission standard) dBA for the following motorcycles: (list of model specific codes). Installation of this exhaust system components on motorcycle models not specified may violate Federal law.
(iii) The model specific code must be the same as used by the motorcycle manufacturer and described in § 205.158(a)(6).
(2) For exhaust systems designed solely for use on competition motorcycles (as defined by § 205.151(a)(3) and so designated and labeled by the manufacturer), the statement:
This product is designed for use on closed course competition motorcycles only and does not conform to U.S. EPA noise emission standards. Used on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.
(3) For exhaust systems designed solely for use on motorcycles manufactured before January 1, 1982, the statement:
This product is designed for use on pre-1982 model year motorcycles only and does not conform to U.S. EPA noise emission standards. Use on motorcycles subject to EPA noise regulations constitutes tampering and is a violation of Federal law unless it can be shown that such use does not cause the motorcycle to exceed applicable Federal standards.
Acoustical Assurance Period
What about the “Acoustical Assurance Period” of 3730-miles? Can I legally remove my factory-installed muffler after the 3730-miles (or one-year) Acoustical Assurance Period (AAP) has expired?
Loud Biker advocates will tell you that the stock/OEM, quiet, factory-installed muffler is only “good” for 3730 miles or one-year from the time of retail/sale. NOT TRUE – the original, U.S. EPA approved, factory-installed muffler is intended to remain in compliance for the LIFE OF THE MOTORCYCLE according to the author of the AAP, Kenneth Feith (Former EPA Employee). The AAP is simply a “warranty period” required by the EPA from the manufacturer to the consumer to ensure the acoustical integrity of the factory-installed muffler…for more information, please see: “Noisy Motorcycles: An Environmental Quality-of-Life-Issue” (see Pages 2 & 19 or Ctrl F “Life of”) http://www.noisefree.org/Motorcyle-Report.pdf
What is “total” motorcycle noise emissions as evaluated in the SAE J331a Full-throttle drive-by testing procedure?
Answer: The motorcycle/model/sample seeking US EPA noise certification is tested in a controlled environment at 49.2-ft. on each side of the motorcycle as said motorcycle is accelerated at full-throttle on a predetermined path. The “total” motorcycle noise, that is…every moving part on the motorcycle under evaluation, is factored into the allowable noise emissions, NOT simply the muffler output alone; therefore, the muffler is actually emitting less than 80dB(A) in order for the test motorcycle to successfully pass the SAE J331a testing procedure for certification.
State Muffler Law and the Supremacy Clause
State Law, Municipal Ordinances, relevant to vehicular muffler law, proper wording of elements, must adhere to the Supremacy Clause of the United States Constitution. The “Cliffs Notes” version of the Supremacy Clause mandates that State Law cannot be more lenient or permissive than Federal Law. As pertaining to vehicular noise enforcement and State Law, the State Traffic Code cannot be more lenient than what is mandated by the Code of Federal Regulations (CFR) 40 Part 205.
Many of the States require one or both of the following: “to prevent excessive or unusual noise” or “factory installed muffler.” With the Supremacy Clause in view, it is reasonable to suggest that a legal element requiring a muffler affixed to a motor vehicle “to prevent excessive or unusual noise” would be similar or identical to one requiring “the factory installed muffler;” this, due to the fact that the US EPA has clearly defined what is excessive or unusual noise by requiring a muffler that prevents sound energy emissions greater than 80dB(A). What is excessive and/or unusual noise emanating from a motor vehicle? Answer: Any motor vehicle louder than OEM, factory installed and this differentiation is easily made with the human ear by any law enforcement personnel with at least a modicum of experience in traffic enforcement or patrol.
Though some States convolute their muffler statutes and make them unnecessarily difficult or impossible to enforce due strict decibel limits, sound testing parameters, these States, for all intents and purposes, are in violation of the Supremacy Clause as it pertains to CFR 40 Part 205. How does a State know that their sound meter testing requirements coincide with the strict 80dB(A) mandate of CFR 40 Part 205 which is tested through the SAE J331a Full Throttle Motorcycle Testing Procedure? Requiring law enforcement to employ a sound meter in order to establish probable cause for a stop, cite, issuance of a citation or physical arrest and impoundment of the offending vehicle, ultimately results in nonenforcement due to costs, logistical problems with testing sites, sound meter certification requirements and certification of law enforcement in sound meter operation; this, in order to legally employ a sound meter device that adheres to adjudicatory requirements. Sound meter mandates for vehicular noise enforcement is fertile ground for defense attorney objections and case dismissals. This is nonsensical and completely unnecessary.
Aaron C. Aguilar v. State of Texas (2008) nullifies “void for vagueness” concerns by providing a police officer in the United States probable cause to stop, cite, investigate, any operator of a motor vehicle that said officer believes is in violation of State AKA Federal noise emissions law AKA any sound energy emitted by a vehicle that is LOUDER than what the OEM-Factory Installed muffler suppresses. It is lawful for a law enforcement officer to stop, investigate, cite, any operator of a motor vehicle that is emitting sound levels in excess of the OEM-Factory Installed muffler based solely on the officer’s professional opinion concerning what is excessive or unusual. Truth be told, even a child can differentiate the noise emissions from a legal, OEM factory-installed muffler and an illegal aftermarket exhaust. During my enforcement years with the Houston PD, I maintained a 99.9% conviction rate for all vehicular noise citations issued based solely on my observations and professional opinion that the motor vehicle in question was emitting sound energy that was “excessive and unusual.” If the exhaust under investigation was considered questionable, I did not cite the operator. I was blessed with a Magistrate that understood Houston’s City Ordinance (30-3) and the Texas State Law (547.604) and the legal element of “to prevent excessive and unusual noise.”
It is my professional opinion that should any State desire to employ sound meter testing protocol into their State Law concerning vehicular noise enforcement that they take advantage of the SAE J2825 Stationary Testing Procedure which I believe closely duplicates what the more extensive and costly SAE J331a procedure produces which is required by the US EPA for testing noise emissions for all street-use motorcycles seeking US EPA authorization/certification. It is my professional opinion that the US EPA could resolve vehicular noise enforcement legal questions by embossing, labeling, all compliant, OEM-factory installed, mufflers for motorcycles as well as automobiles and trucks. An inspection label clearly and easily accessed by enforcement on motor vehicle mufflers, like those required for motorcycle mufflers, would serve as prima facie evidence relevant to the muffler’s legality. Tampering and illegal muffler inserts like the MagnaFlow, Flowmaster, BORLA, inserts into a muffler’s exhaust system are easily identifiable through sound emissions and visual inspection.
As a final note, concerning motorcycle noise enforcement, it is prima facie evidence that a muffler affixed to a street-use motorcycle that is absent the required US EPA muffler label is operating illegally LOUD and is in violation of applicable State and Federal Law; of course, the inspecting officer should be on guard concerning tampering and altering of the OEM-factory installed muffler making it illegally loud; tampering that involves the removal of baffling or manipulating the OEM muffler’s internals though discreet cutting and welding. Spotting tampering of OEM-factory installed mufflers can be an art and comes with experience in such enforcement but differentiating sound emissions between the OEM-factory installed muffler and an illegal aftermarket exhaust is obvious as the illegal noise emissions of an OEM-factory installed muffler that has undergone tampering.
How are illegal, noncompliant, manufacturers like “Big Dog” motorcycles allowed to exist in the United States? Where is our US Attorney General and the US Environmental Protection Agency?
Attorney General Todd Blanche, US EPA Director Lee Zeldin, why are these illegal, criminally conspiratorial, manufacturers, distributors, retailers, installers, of illegally LOUD, noncompliant, aftermarket exhaust mechanisms, and hundreds if not thousands like them, allowed to thrive and prosper in the United States? CFR 40 Part 205 violations!
Biker Gang Activity – Effectively Castrating the Bane of any civil society
If the United States Federal Government, the FBI, DEA, ATF, HSI; If a State Law Enforcement entity, Department of Public Safety, Highway Patrol, desires to SHUT DOWN Biker Gang criminal activity, the most expedient solution is employing “illegal motor vehicle noise” as lawful probable cause for a STOP and INVESTIGATE, cite the LOUD biker for violations of State Muffler Law, State Law which mirrors the protective intent of CFR 40 Part 205; then, impound the offending vehicle and maintain custody of the illegally equipped motorcycle until such time arrangements are made to return the noncompliant vehicle to an OEM, Factory Installed, legal, condition i.e., a factory installed, quiet, safe, muffler system that is properly labeled and affixed to said motorcycle.
Biker Gangs in the United States, and Biker Gangs around the World, worship at the throne of narcissism which is under girded and exemplified primarily by their illegal motorcycle NOISE accompanied by a silly façade of false bravado, vulgarity, hedonism, arrogance. Motorcycle NOISE is the GOD of the Biker Gang member, take that away, humble the Biker Gang Member by arrest and impounding their god, you will essentially castrate the Biker Gang’s raison d’etre.
Some introductory questions for those who ride and drive LOUD,
1) Loud motor vehicles are abusive…when did a man or woman acquire the “right” or “privilege” to abuse children, the elderly, the handicapped, with illegal motor vehicle noise by operating an illegally equipped, illegally LOUD, motorcycle, auto, truck, on our public roadways?
2) When did it become acceptable and fashionable to destroy the quality of life of thousands of families, daily, for one’s own selfish, narcissistic, pleasure?
3) Who invited you, LOUD biker, LOUD auto and truck, bully, into our home, places of work, worship, education and recreation?
4) To those who ride and drive illegally LOUD. Why can’t you humble yourself, obey the federal and state muffler laws enacted for the protection of the whole of society? Why can’t you be kind and thoughtful, respecting our children, our elderly, our handicapped, our families, by riding and driving lawfully with the quiet, safe, 80dB(A) OEM factory-installed muffler?
Vehicular NOISE as lawful Probable Cause for Law Enforcement – A GOLD MINE OF OPPORTUNITY
During my 31-years in law enforcement, I discovered vehicular noise enforcement to be one of the most lucrative forms of “probable cause” for a “stop and investigate” as those who abuse the general public via the operation of an illegally equipped, illegally LOUD, motor vehicle upon our public roadways is oftentimes the same narcissistic, irresponsible, belligerent, personality-type that offends in other areas of the law where felony and misdemeanor warrants, license suspensions, are commonplace; therefore, rejecting illegal vehicular NOISE as probable cause by law enforcement further demonstrates the impotency and compromise prevalent in our pathetically WOKE enforcement entities today.
Also, very relevant to Law Enforcement, a police officer does NOT need a sound meter device to enforce motor vehicle noise laws where the State Law elements include universal verbiage such as “to prevent excessive or unusual noise” or the law requires the “factory installed muffler or a muffler that duplicates the sound suppression requirements of the factory installed muffler.” See: Texas State Court of Appeals case “Aaron C. Aguilar v. State of Texas (2008).” https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html
During my vehicular noise enforcement initiative in Houston, Texas, I was not permitted to employ a sound meter device for enforcement as the legal elements for same were not present in City Ordinance 30-3 nor were the legal elements present in Vernon’s Civil Statute, Texas 547,604. Though I made a request to employ the SAE J2825 Stationary Sound Meter Test for evidentiary testimony enhancement at trial, my Department would not authorize it; fortunately, I was blessed with a caring and concerned Magistrate who understood the legal ramifications of “Aaron C. Aguilar v. State of Texas (2008)” and confided in my professional experience and my ability to discern obvious violations of Ordinance 30-3 and Texas 547,604 which resulted in a 99.9% conviction rate on all vehicular noise violations brought before the Court.
The LOUD Biker Cult[ure] and their supporters, like the “Motorcycle Riders Foundation” in Washington D.C., were so enraged by my vehicular noise enforcement initiative that extra security was required in my court hearings to protect me from the biker cult that sat behind me awaiting adjudication before the Court. Despite my Department’s WOKE cowardliness and fears of civil retribution by the LOUD biker cult[ure] and various biker organizations around the United States, it was possible to cite, arrest, convict, the LOUD vehicle abuser using vehicular NOISE as probable cause for the stop; this, void a sound meter device. Vehicular NOISE is an incredibly lucrative form of PC for law enforcement that is sorely and shamefully overlooked by most patrol and enforcement officers.
Aaron C. Aguilar v. State of Texas (2008) does provide a law enforcement officer the authority to determine what is “excessive and unusual noise” emanating from a motor vehicle apart from sound meter devices. Any competent, relatively experienced, law enforcement officer can easily discern or differentiate noise emissions from a legal, quiet, factory installed muffler from NOISE emitted by an illegally LOUD aftermarket exhaust or an exhaust system that has been interrupted by an illegal “FlowMaster,””Borla” or “Magnaflow” type device or a slip-on aftermarket canister on motorcycle exhausts. Also, motorcycle muffler labeling requirements as per CFR 40 Part 205 is prima facie evidence of a motorcycle muffler’s legality or illegality. KNOW THE LAW!
The impotent mantra, obfuscation, often cited by the narcissist who abuses their fellow citizens with illegal motorcycle noise is “I ride LOUD because Loud Pipes Save Lives.” Personally, having owned some 30-motorcycles since age 12 and having ridden professionally for years, Loud Pipes Save Lives is a lie, it’s obfuscation for illegal, abusive, behavior as illegally loud exhausts make the rider less safe through exponentially increased rider fatigue; through inadvertently invoking a “fight or flight response” from adjacent operators of motor vehicles who make unpredictable avoidance maneuvers when startled by the illegal, intrusive, noise while passing and white-lining under acceleration; also, the illegally loud exhausts stymie the warning sirens of approaching emergency motor vehicles creating a hazardous scenario for the motorcyclist as well as every motor vehicle operator, bicyclist, pedestrian, in their vicinity; this, as they approach a busy intersection.
For all intents and purposes, in order for LOUD exhausts on motorcycles to be effective for safety concerns, the exhaust would have to be pointed forward where 75%+ of motorcycle hazards exist; specifically, vehicles turning left into the path of the approaching motorcycle; therefore, bright colored clothing, operating with headlight on, wearing a DOT approved motorcycle helmet, are actual safety measures, not illegal NOISE.
Illegally LOUD biker thuggery has been around for many decades and in response, Congress passed the Noise Control Act in 1972. In 1983, the US EPA, due to public health and daily quality of life concerns, restricted motorcycle noise emissions to a “total” motorcycle noise output of 83dB(A) and in response to continued testing, the US EPA then opted to reduce motorcycle noise output to 78dB(A). Hearsay suggests that Suzuki Motors complained that the 78dB(A) restriction would be cost prohibitive; therefore, the EPA compromised and settled on a total motorcycle noise output of 80dB(A) in model year 1986 and every street-use motorcycle muffler going forward was and is mandated to conform to the strict testing requirements of the SAE J331a full-throttle motorcycle testing procedure where every make and model of street-use motorcycle manufactured in the United States was/is to be tested at full-brake horsepower at 42-feet on each side of the motorcycle; said motorcycle under noise output evaluation cannot exceed 80dB(A), a “total motorcycle noise output” of 80dB(A) as per CFR 40 Part 205 in order to be retailed and operated in the United States.
Once that motorcycle make and model passed the US EPA testing mandates, the factory muffler affixed to same was to be permanently and heavily embossed with a specific US EPA muffler label that was to be in plain view for inspection by authorities and attached to the frame of the motorcycle (usually the downtube on cruisers) is another US EPA label that matches that EPA-approved muffler to the motorcycle and clearly articulates that any modification to the muffler which would increase noise output is prohibited; also, that frame label designates at what RPM (max brake horsepower) the motorcycle was tested and met the 80dB(A) restriction.
Unfortunately, enforcement of the Federal Law concerning motorcycle noise was delegated to the States during the Reagan Administration and the States and local municipalities, their Governors and Mayors and Law Enforcement Community, have been abysmal failures and illegal motorcycle noise, illegal manufacturing of “not for road use” aftermarket exhausts for retail, the operation of illegally loud motorcycles on our public roadways, has grown exponentially and 80%+ of every narcissistic thug operating a large displacement motorcycle in the United States rides with an illegal aftermarket exhaust that emits in multiples (logarithmic) the total, legal, 80dB(A) as these hedonistic thugs abuse our children, the elderly, our handicapped, veterans suffering PTSD, our families, with illegally LOUD, dangerously intrusive, motorcycle noise; this, as our police are too compromised and too cowardly to stand in the gap for the abused citizenry and cite these NOISE thugs, incarcerate them if necessary subsequent repeated offenses, and impound the illegally LOUD piece of vibrating junk until it is returned to OEM-factory noise levels. This vehicular noise abuse is shamefully permitted by those sworn to protect us from same.
The United States Congress…
In addition, our Federal Government “should” care about unlawful motor vehicle noise seeing that they are the entity which warned, over a generation ago, of the negative physiological/psychological effects of unregulated environmental noise, specifically transportation noise, in a “Congressional Statement” associated with the Noise Control Act of 1972. It was Congress who advised the American citizen that unregulated environmental noise would require a “national uniformity of treatment.” It was Congress who delegated noise enforcement responsibility to the States and Local Government in the Noise Control Act of 1972 yet our Federal Government has provided zero enforcement oversight while law enforcement nonfeasance/non-enforcement has been pervasive for some four-decades. How much more applicable are those Congressional concerns today subsequent to the exponential growth of unregulated motor vehicle noise since the enactment of the 1972 Noise Control Act? Where is the care and concern from our Congressional Representatives relevant to pervasive, illegal, motor vehicle noise currently destroying the quality of life of many millions of American citizens on a daily basis? United States Congress, where are you?
42 U.S. Code § 4901 – Congressional findings and statement of policy – Noise Control Act – 1972
(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare.
To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.
(a) The Congress finds—
(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;
(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and
(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.
Riding and Driving LOUD – A form of Mental Illness
A man or woman who chooses to remove or alter the legal, relatively quiet, safe, factory installed muffler on their motor vehicle, a muffler that conforms to the protective mandates of Code of Federal Regulations CFR 40 Part 205 and replace that legal muffler or illegally tamper with the sound suppression qualities of that muffler to make same LOUDER; then, proceed out onto a public roadway and, with intent, abuse, bully, children, the elderly, the handicapped, our families, with that illegal vehicular noise, this antisocial behavior is indicative of a mental and spiritual illness rooted in unrestrained narcissism, selfishness, disrespect, for the American citizen; with emphasis, disrespect and disregard for the health and welfare of our most innocent. A choice made to engage in conduct that destroys the daily quality of life of millions, a behavior that criminally audibly-assaults children, our families, with illegal vehicular noise energy is indicative of a serious mental illness in which law enforcement is obligated to intercede.
Playing “dress up” as an adult?
During my many years of riding motorcycles for pleasure, commuting, touring, riding professionally as a motorcycle officer, I observed a rather humorous yet sad phenomenon prevalent within the LOUD Biker Cult[ure] and that is the embarrassing act of playing “dress up” in order to ingratiate oneself with those who worship vehicular NOISE as a form of religious icon and tool of intimidation. Young and old alike, men-women, donning organizational or gang colors affixed to leather jackets, arms-chest-neck-face-hands-legs tatted with demonic, radical, images of narcissistic nonsense. A “look” of “badass” ever present upon their face with vulgar, LOUD, language to bolster the “thug gang” façade; these, destroying daily quality of life for millions, recklessly endangering our most innocent physiologically with intrusive, illegal, NOISE; this, void remorse or reflection.
For those law abiding motorcycle riders who seek to respect the sport of motorcycling, the LOUD Biker Cult[ure] is an ever present embarrassment. The Loud Biker Cult[ure] is an ever present example of what parental failure manifests in our society and what law enforcement apathy and compromise perpetuates.
Further evidence of mental illness prevalent among the LOUD vehicle cult in America
Loud Biker Comment:Don Herbert 04 September 2018: Hey Rick Holtsclaw you are a complete fucking ass hat aren’t there allot more important things that need to be fixed in this world !!! I think you really are in desperate need of a life loser !!!
Loud Biker Comment: John Sheriff 15 October 2017: “Gag gag on your mans cock… fucking queer.”
Loud Biker Comment: Phil McAfee“Hey Rick, Too bad you didn’t take one in the face while you were on duty. Its not to late for us to hope.”
Loud Biker Comment: Mohammed 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.
Using illegal vehicular NOISE as an instrument of assault
I can’t recall the number of times I have walked along a public pathway adjacent to a public roadway in a municipality or nature park when vehicular noise thugs operating an illegally equipped, illegally LOUD truck, automobile, motorcycle, have intentionally revved their motor to incredible dB(A) levels and abused, assaulted, my wife, children, the general public, with physiologically dangerous NOISE energy; this, simply to intimidate and terrorize. This too is a form of mental and spiritual illness that unfortunately goes unaddressed by our law enforcement community, law enforcement who is ignorant of state and federal muffler laws, muffler law enforcement, they are far too compromised, lazy, apathetic, to intercede on behalf of the vehicular noise beleaguered citizenry.
Vehicular noise abuse has become so prevalent within American society that an uninformed, unsuspecting, unaware, public, naively believes intrusive and physiologically injurious motor vehicle noise is legal, acceptable, while this same naïve populous suffers ever increasing rates of cardiovascular stress related illnesses and destruction to daily quality of life…a direct physiological consequence of unregulated, unencumbered, illegal motor vehicle noise on America’s public roadways.
A brief word about Motorcycle Rallies in the United States
Motorcycle rallies are illegal due to violations of CFR40 Part 205 as 80%+ of the motorcycles present at these rallies are illegally equipped, illegally LOUD, in violation of the 80dB(A) total noise emissions mandates (SAE J331a testing procedure) and these aftermarket exhausts are absent the required labeling mandated by the US EPA.
Mayors and Governors and law enforcement officials who prostitute, compromise, themselves with the Loud Biker Cult[ure], Loud Auto and Truck Cult[ure], at the expense of the health and welfare, daily quality of life, of the citizens audibly assaulted, abused, by these narcissistic morons should be civilly sued and criminally indicted.
STOP ABUSING THE INNOCENT TAX-PAYING CITIZENRY AND THEIR CHILDREN WITH ILLEGAL MOTOR VEHICLE NOISE IN ORDER TO SUPPLEMENT YOUR MUNICIPAL AND STATE COFFERS WITH TAX REVENUE ILLEGALLY GARNERED FROM ABUSIVE VEHICULAR NOISE THUGS WHO AUDIBLY ASSAULT, ABUSE, CHILDREN, THE ELDERLY, OUR HANDICAPPED, OUR FAMILIES!
To the Vehicular NOISE Thugs who cite “We the people” as a defense to their abuse of the American citizen…
“We the people” defends the rule of law, the Bill of Rights, the enactment of laws that are in the best interest of the whole, not a narcissistic hoard of NOISE thugs who illegally modify their motor vehicle to emit dangerous noise levels and use same to destroy daily quality of life and recklessly endanger the health and welfare of the majority. It’s obvious that “civics” is no longer emphasized in American education and it’s obvious that Jesus and loving one’s neighbor is absent in the heart of those who ride and drive illegally LOUD.
CFR 40 Part 205 and State muffler laws that mirror same via the Supremacy Clause of the United States Constitution mandate that your vehicle operated on America’s public roadways emit no greater than 80dB(A) total noise energy emissions; this, for the protection of the “We the people” and you have no right, legal or moral, to abuse “We the people” with your unrestrained, selfish, narcissism! “We the people” have had enough of your bully and irresponsible behavior!
I met with the Mayor and Directors of Fort Smith, Arkansas last night, 5-5-15, after their regular City Business session. During regular business, accolades were given relevant to the “great success” of the newly organized “Iron Horse Motorcycle Rally” henceforth deemed to be an annual event for the City of Fort Smith. Almost immediately after the Directors and the Mayor praised the volunteers, the Police and Sheriff’s Departments, for their excellent work in the Iron Horse Rally, I was called forward to present my “subject of concern” for the “open forum” session.
Needless to say, I “rained on their parade” as I clearly articulated the fact that I had observed the exodus of their motorcycle rally as the loud “thugs” assaulted Van Burnen, Arkansas this previous Sunday, this, as I left Church and conducted personal business in that City. I explained the ramifications of permitting or inviting the “loud faction” of irresponsible “bullies” into their City and the disservice the Mayor and the Directors had done to the citizenry of Fort Smith by permitting the audible assault upon those they had a moral and ethical obligation to protect.
One Director asked if I had a problem with the loud bikers at the rally only, or vehicular noise in general, relevant to Fort Smith? To which I respond, “Yes.” I explained that one of the primary reasons I became a law enforcement officer was the fact that I have a visceral disdain for bullies and I assured them that those who operate an illegally equipped or illegally modified motorcycle are nothing less than “bullies, thugs, hedonist, narcissist” and care nothing for the rights of others…”the loud motorcycle thug thumbs his nose at the law and every citizen they assault with their noise and basically makes the statement, ‘I’m gonna do what I want to do and to Hades with the rest of you…I don’t care!'”
All-in-all, it was an interesting exchange of ideas and concerns. They now understand why I earned the title of “Psycho Cop.” As I was exiting the forum area, an elderly gentleman approached me and walked into the foyer of the building as I prepared to exit. The obviously upset man told me that he rides a “Goldwing” and that he was offended by being called a “thug.” I tried to explain that I was very clear in my presentation and my concerns were confined to ONLY those who ride loud. I explained that I had owned and operated some 31 motorcycles since I was 12 years old. I had ridden professionally and had accumulated hundreds-of-thousands-of-miles on motorcycles; had I been referring to “all” motorcyclists in my dialog, I would have essentially called myself a thug! He wanted nothing but to argue and insisted that I had insulted him. Over-and-over I tried to assure the man that my entire dialog with the Mayor and Council was focused ONLY on those who ride illegally…and it was! Anyway, he left less upset and finally understood my concerns, stating that he agreed with me regarding the noise and behavior of the “Harley” riders but that I needed to differentiate my concerns more articulately.
With that said, this battle reminds me of the struggle activists faced as they went to war with “big tobacco.” The multi-million dollar aftermarket exhaust industry; the expendable income of the loud motorcycle thugs; the successful motorcycle lobbyist faction; the public’s fascination with the “Son of Anarchy” facade; the political and financial influence of the motorcycle associations; the financial seduction that draws municipal leadership to compromise with the loud biker thugs and the revenue generated via biker rallies; the infusion of moral relativism and iconic tolerance within the American society combined with an overwhelming societal disdain relevant to speaking-out and standing in opposition to or buffeting the flow of mainstream consensus; these entities, in combination and in collusion…are a “Goliath” and an incredibly powerful foe to those of us seeking peace in an “unnecessarily” noisy world.
Now that I am near the end of my employment status with the Houston PD and have begun to actually “speak-out” publicly, I expect some form of backlash from my employer…it’s going to be interesting. Subsequent to my meeting with Van Buren’s Mayor and Council last month and though I literally live “in the woods,” I’m hearing the thunder of bikers at the intersection of the paved-to-gravel road leading to my residence…has the harassment already begun?…we will see.
Thanks Noisefree,
Rick Holtsclaw
Arkansas’ Motor Vehicle Code (Presented to Ft. Smith Mayor and Directors)
27-37-601. Noise or smoke producing devices prohibited.
(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.
(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.
Rick Holtsclaw is a retired, 31-year veteran of the Houston police department who placed an emphasis on noise enforcement. Holtsclaw states that “every once in a while I read a comment or editorial that takes me back in time when I first donned that shiny badge and shiny revolver. I was so proud! I remember the oath I took where I swore to keep my life unsullied by the world and my promise to serve the citizenry in accordance with local and state law and to respect the constitutional rights of every citizen.”
Recently, Holtsclaw came across two articles which reflected poorly on the law enforcement community. These articles centered on two Fayetteville, Arkansas police chiefs.
The first article was an historical overview of the infamous Fayetteville, Arkansas “Bikes-Blues-BBQ Motorcycle Rally” that takes place in the early fall of each year. The article, “Bike Rally Has Long History,” by Sidney Tursky, states: “It was the mid-1990s, and Fayetteville Chief of Police Richard Watson had just acquired his first Harley-Davidson motorcycle. Watson rode around the country attending rallies, and eventually decided that Fayetteville should have its own rally, said Joe Giles, executive director of Bikes, Blues & BBQ.”
While former Chief Richard Watson humbly denies the title “founder of the BBB Rally,” he played a significant role in its creation. Holtsclaw wonders if Chief Watson approves of the excessive, illegal motorcycle noise that is commonplace in biker rallies.
Also, Holtsclaw discovered a letter addressing the participants of that rally from Greg Tabor, the current chief of the Fayetteville Police Department. Chief Tabor states: “The biggest complaint the Police Department receives during the rally is loud pipes, especially in the evening and late night hours in residential neighborhoods. The Bikes, Blues, BBQ Motorcycle Rally is an important part of our local economy and we want everyone, residents and visitors alike, to have a safe and enjoyable time.”
To the casual observer, Chief Tabor’s letter to rally participants, though stern, suggests that the operation of a LOUD motorcycle on the roadways of Arkansas is permissible and somehow justified by the MONEY associated with the irresponsible behavior.
Excessive noise is prohibited by both Fayetteville and Arkansas law. Parts (B) and (E) of Fayetteville’s motor vehicle noise ordinance are objective, easy to enforce, and do not require noise measurements. Arkansas’ state law prohibits the use of any muffler on a motor vehicle that does not conform to the specifications of the “factory-installed” muffler—a very quiet muffler, indeed! The state law is objective and enforceable, and does not require noise measurements. There is no excuse for local and state law enforcement officials to not enforce the noise laws.
What Holtsclaw finds rather ironic about Chief Tabor’s admonition for the participants of the BBB rally to behave themselves (in conjunction with his acknowledgment that “the biggest complaint the Police Department receives during the rally is loud pipes”) is the fact that Chief Tabor has done absolutely NOTHING about the thousands of illegally equipped, illegally LOUD motorcycles that are present at each year’s rally.
Holtsclaw recently submitted a Freedom of Information Act request to the Fayetteville Police Department requesting the number of vehicular noise citations written from April 1, 2015 to October 1, 2015 (the months that are inclusive of the Steel Horse Motorcycle rally in Fort Smith, the Hot Springs motorcycle rally, and the Bikes-Blues-BBQ motorcycle rally).
Holtsclaw’s request included vehicular noise citations written via the state law and/or any relevant ordinances. And how many citations for vehicular noise were issued by the Fayetteville Police Department over that six-month period? NONE! NOT ONE CITATION!!!
Holtsclaw states that “Chief Tabor has obviously compromised his integrity and the integrity of the Fayetteville Police Department. The Bible states that ‘the love of money is the root of all evil.’”
Larry Deal, a Noise Free America member, commented that “the city of Fayetteville and its Advertising and Promotion Commission sponsors the Bikes Blues and BBQ motorcycle rally. They encourage tens of thousands of motorcycles to converge on the city. With so many motorcycles gathering in one place, and given the penchant for many motorcycle owners to illegally modify their motorcycles, it is inevitable that there will be many excessively loud motorcycles. City leaders should not be encouraging excessive noise.”
Deal noted that “large motorcycle rallies are often very nasty, noisy affairs. The organizers of the Bikes Blues and BBQ motorcycle rally claim that the rally is ‘family-friendly’ and that nudity, lewdness, offensive clothing and gang activity so common in other motorcycle rallies is banned at this rally.’”
However, Deal observed, “the event features hordes of thunderous motorcycles with excessive noise emissions–the result of their owners illegally modifying their motorcycle’s exhaust system in violation of federal and state laws. Usually, noise ordinances are not enforced at such events—but they should be.”
According to Deal, “thousands of unlawfully loud motorcycles gathering in Fayetteville is not ‘family friendly.’ The Fayetteville Bikes Blues and BBQ motorcycle rally is a loud pipe nightmare for the citizens of Fayetteville and the entire surrounding area. It is nothing to be proud of.”
Rick Holtsclaw concluded that “because of the Bikes, Blues, and BBB rally, every municipality near Fayetteville suffers from dangerous, intrusive, and illegal decibel levels generated by tens of thousands of unregulated motorcycles operating in stark violation of Arkansas’ state muffler law.”
[31 October 2015] LETTER TO DIRECTOR OF THE ARKANSAS STATE POLICE: Seeing that Governor Hutchinson refuses to respond to my concerns; seeing that Attorney General Leslie Rutledge has denied any jurisdiction, responsibility, culpability, relevant to my concerns and pointed her finger at the Arkansas Department of Environmental Quality; seeing that the Arkansas Department of Environmental Quality has denied any responsibility and has pointed the finger at the Arkansas State Police and Local Law Enforcement as culpable for the out-of-control vehicular NOISE debacle within the State of Arkansas, I have written Colonel Bill Bryant, Director of the Arkansas State Police, the following letter.
My name is Rick Holtsclaw, I am a retired 31 year veteran of the Houston Police Department and currently reside in the big City of Uniontown, Arkansas. I see from your biography that you served as a Police Officer at Sam Houston State University during the years I attended there seeking my undergraduate degree subsequent to a tour of duty with the United States Marine Corps. Congratulations on your impressive success in the Law Enforcement Community!
Colonel, for the past seven-years I have been in a battle of incredible proportions, a battle that rivals that of “big tobacco” of decades past. My last two-to-three years with the Houston PD and the years following have been consumed with my efforts to resolve a vehicular noise debacle that is completely out-of-control in our Nation. I will include, subsequent to this text, three of six videos I have recently published on Youtube relevant to the illegal operation of non-compliant, illegally LOUD, automobiles, trucks and motorcycles. Vehicles whose owners have illegally modified them to emit noise emissions that are many times over the legal, compliant, noise level restricted by the Environmental Protection Agency (EPA) and in stark violation of Arkansas’ Traffic Law relevant to motor vehicle mufflers.
As an example, Arkansas is inundated with motorcycles that have been either illegally modified via tampering with the OEM factory-installed muffler or the owner has removed the compliant factory muffler and replaced it with an illegal aftermarket exhaust emitting between four to eight or more times the legal 80 dB(A) total motorcycle noise emissions as mandated by the EPA – 80 dB(A) being the “minimum” level of protection for the general public (note: db’s are calculated via logarithmic scale).
These LOUD motorcyclists operate on the roadways of Arkansas and within our communities completely unencumbered by law enforcement as they assault our children, our elderly, our handicapped, our families and by doing so, they deny the citizens of Arkansas the right to domestic tranquility, the right to pursue happiness, the right to equal protection under the law as our law enforcement community turns a blind eye and deaf ear to this stark violation of the Code of Federal Regulations and Arkansas’ Motor Vehicle Laws – specifically:
27-37-601. Noise or smoke producing devices prohibited. (a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke. (b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.
Colonel, I will not take-up much more of your time with this initial Email, but I do sincerely ask that you please respond to the following questions:
1) Why are the roadways of Arkansas inundated with motorcycles, automobiles, trucks, that are illegally modified or illegally equipped with exhaust mechanisms that, in no way, conform to the specifications of “factory-installed muffler or one duplicating factory specifications”? Why has the Arkansas State Police failed to interceded on behalf of the citizenry they swore to protect and serve?
Why are the selfish, entitled, disrespectful, operators of illegally equipped, illegally loud motor vehicles in Arkansas permitted to operate their LOUD motor vehicles upon our roadways and within our communities and simultaneously assault our children, our elderly, our handicapped, our families with unregulated, dangerous, intrusive, illegal, NOISE? Motor vehicle noise emissions that have been confirmed as physiologically and psychologically dangerous to the Citizens of Arkansas by the World Health Organization, the United States Congress, the United States Environmental Protection Agency and a sundry of similar studies readily available on the Internet.
2) Why are there so many retail facilities in Arkansas that openly sell and install mufflers or apparatuses for mufflers that do not conform to the “factory-installed muffler or one duplicating factory specifications”? This is in stark violation of section (b) of the above cited muffler law which says: “nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section.”
3) Colonel, why is Mayor Sanders of Fort Smith (Steel Horse Motorcycle Rally); Mayor Jordan of Fayetteville (Bikes, Blues, BBQ Motorcycle Rally); Mayor Carney of Hot Springs (Hot Springs Motorcycle Rally), permitted to invite thousands of motorcyclists, operating illegally equipped, illegally LOUD motorcycles, into the Municipalities of Arkansas in direct contradiction to their oath of office and their responsibility to serve and care for the Arkansas Citizenry within their jurisdictions?
Why do we, as Arkansas Citizens, have to endure the NOISE assault of these illegally LOUD motorcyclists as they proceed to these biker rallies and as they leave these biker rallies via our Interstates and adjacent Municipalities? What activities at these biker rallies require the attendees to operate illegally LOUD motorcycles? In other words, what transpires at a motorcycle rally that could not transpire atop a legal, quiet, EPA-compliant, Arkansas Muffler Law – compliant, motorcycle? Why must the Citizens of Arkansas endure the ILLEGAL, intrusive, irresponsible, NOISE of the Loud Motorcycle Cult[ure] while the Mayor hosting these NOISE-fests prostitutes himself/herself for the MONIES and TAX REVENUE designated for the city coffers?
A representative dealership for Harley Davidson Motorcycles has told us that 80% of their new motorcycle purchasers make their first performance upgrade the installation of an illegal aftermarket exhaust mechanism, a LOUD aftermarket exhaust mechanism. It’s not a stretch to suggest that the metric or import riders make the change to their mufflers at approximately the same statistical ratio; therefore, if 10,000 motorcycles are present at the Bikes, Blues, BBQ Motorcycle Rally in Fayetteville, some 8000 of those motorcycles are illegally equipped and spewing decibel levels that are two-four-six or more times the safe level of 80 dB(A) and many are also spewing particulate/pollutant levels up to 10 times the rate of one (1) compliant automobile. Why is this permitted to take place within the State of Arkansas, especially seeing that our State Code clearly articulates the fact that a motor vehicle is NOT allowed to operate on our our roadways without a “factory-installed muffler or one duplicating factory specifications”?
4) Governor Hutchinson refuses to address this situation, in fact, Governor Hutchinson won’t even discuss the situation with me and Attorney General Rutledge denies having any authority or jurisdiction over these concerns. Is there NO ONE responsible for the health, safety, protection, Constitutional oversight, of the Citizens of Arkansas?
5) I have attempted to seek civil redress against Mayor Sanders and Mayor Jordan and the State of Arkansas for their graft and their prostitution with the Loud Motorcycle Cult[ure] and failure to protect the Citizens of Arkansas from the vehicular NOISE thugs roaming unencumbered within our communities, but I have, thus far, been prevented from seeking justice as the result of the archaic and unconstitutional doctrine of “Sovereign Immunity.” Why am I, as a United States Citizen, unable to hold my leadership accountable for their nonfeasance and their failure to uphold their oath of office? Why am I denied equal protection under the law?
6) Colonel, why is the Arkansas State Police, the Highway Patrol, not regularly citing the operators of illegally equipped, illegally LOUD motor vehicles? Do you not care for the health and safety of our citizenry, the health and safety of our children, our elderly, our handicapped who are most susceptible/vulnerable to the noise assault of the Loud Motorcycle Cult[ure]? Colonel, why are you allowing this miscarriage of justice that destroys the quality-of-life for so many in Arkansas to continue?
Colonel, I am so very tired of being ignored and my efforts countered with obfuscation. I’m not sure what it’s going to entail, but things have got to change and as an old stubborn Marine and retired Cop, if the Lord wills it, I am here for the long haul…please help and please get involved.
For evidence of the violations taking place within the State of Arkansas relevant to the operation of illegally LOUD motor vehicles and the retail of illegal aftermarket exhaust mechanisms, please watch the following video:
[30 October 2015] A second letter to the Arkansas Department of Environmental Quality (ADEQ); this letter addressed to Director Keogh.
***************************************************
Hello Ms. Keogh, (personal video evidence included subsequent to text – please watch)
Everyone I’ve contacted in Arkansas’ Leadership “chain-of-command” either outright ignores me or obfuscates relevant to this most important subject matter and my concerns articulated within this correspondence. Attorney General Rutledge pointed the finger at you, the ADEQ, as possessing jurisdiction relevant to my request for intervention.
The letter that I sent to the ADEQ on 26 October 2015 has, thus far, gone unanswered. I have attached a VIDEO at the end of the narrative where I provide evidence of the following concerns regarding Arkansas’ environment and the quality-of-life for every citizen living in Arkansas. Please note the following muffler statute from Arkansas Motor Vehicle and Traffic Law, 27-17-601…
Arkansas’ Motor Vehicle Laws – Muffler
27-37-601. Noise or smoke producing devices prohibited. (a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke. (b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.
I am a retired 31 year veteran of the Houston Police Department who has been battling the vehicular NOISE debacle in our State for several years and within the United States for some seven-years now. I have begged Governor Hutchinson’s Office, Attorney General Rutledge, local Mayors, Federal and State Representatives, for assistance with this matter, but all I’ve received thus far, with a couple of exceptions, is a cold shoulder and obfuscation. Governor Hutchinson’s office refuses to even acknowledge my concerns and I’m growing somewhat weary of being ignored. Your time and your assistance is much appreciated, thank you!
The roadways of Arkansas are flooded with motorcycles, automobiles and trucks that are operating in stark violation of Federal and State law relevant to noise and particulates emissions. It is illegal, in the State of Arkansas, to operate a motor vehicle on the roadways of said State with a muffler affixed to said motor vehicle that does not conform to the “specifications” of the “factory-installed muffler” – that is, a quiet, EPA compliant, catalytic converter equipped, exhaust mechanism.
In reference to the additional qualifiers/descriptors of “excessive or unusual noise” – I interpret “excessive or unusual” to mean noise emitted by a muffler that is louder than the original factory-installed exhaust. Yes, there will certainly be some acoustical degradation with wear and tear thus permitting a slightly enhanced exhaust note, but NOTHING compared to the illegal aftermarket muffler mechanisms emitting decibel levels many times over the original equipment, even when the original equipment has experienced many miles and years of wear. I am fully aware and have battled the controversy that “noise” or “sound” interpretation is “subjective,” but clearly articulated legal precedent does exist that nullifies this argument for enforcement purposes.
I interpret “excessive or unusual noise” to be anything in excess of the total motorcycle noise emissions restricted by the Environmental Protection Agency to 80 dB(A). Considering the EPA mandates testing “total” motorcycle noise, which includes all of the constituent moving parts evaluated during a scientifically controlled testing procedure, the EPA approved exhaust is actually quieter than 80 dB(A) seeing that the muffler is only one part or element in the overall noise producing parts being examined in combination; therefore, the factory exhaust mechanisms on motorcycles are very quiet indeed.
Having tested a number of the motorcycle aftermarket exhaust mechanisms while in an enforcement capacity, I know for a fact that the aftermarket exhaust mechanisms currently used on our public roadways emit four-to-eight or more times the 80 dB(A) stipulated as the “minimum” level of protection for the general public by the EPA. (dB calculation differentials via logarithmic scale)
In addition to the egregious violations of vehicular NOISE restrictions, it has come to my attention that one (1) large displacement V-twin motorcycle that has been modified via the installation of an illegal aftermarket exhaust mechanism requiring the removal of the catalytic converter, emits up to ten (10) times the particulate pollutants into our atmosphere as one (1) compliant compact automobile. Does this not concern you? ******************************************************
My second concern with the above muffler statute:
I interpret the muffler statute to read that, within the State of Arkansas, it is illegal to “sell” an exhaust system that does not conform to the specifications of the “factory-installed muffler.” With this in mind, there are possibly hundreds of retail/installation facilities within the State of Arkansas that install Flowmaster, Magnaflow, various LOUD engine/exhaust headers, cut-outs and extremely LOUD, illegal aftermarket exhaust mechanisms for motorcycles, auto’s and trucks that are restricted to NOT FOR ROAD USE – CLOSED COURSE, COMPETITION ONLY environments . Am I missing something here?
Do you know which Arkansas State agency is responsible for oversight and enforcement of those retail establishments who are in violation of part (b) of the Arkansas muffler statute – or am I misinterpreting the statute?
If there is an alternative interpretation, or if the statute says something other than what I understand it to say, if I am in error, PLEASE…advise me of my error and misinterpretation so that I can cease pursuing this matter and return to enjoying my retirement.
I can only assume that Arkansas, as well as the other 49 States in the United States, as well as the Federal Government, has enacted restrictions on motor vehicle NOISE in response to quality-of-life issues and in response to the physiological harm caused by unregulated NOISE in our environment, NOISE that is especially harmful to our children, our elderly, our handicapped, our families living within the communities of Arkansas; this is well documented by the World Health Organization, the United States Congress, the United States Environmental Protection Agency and a sundry of other scientifically based studies readily available on the Internet.
The last guess-estimate was that there are some 9,000,000 motorcycles registered for street use within the United States with the largest proportion of these motorcycles operating within our urban areas. A representative dealership for Harley Davidson Motorcycle Company has told us that approximately 80% of their new motorcycle purchasers make their first “performance” upgrade an illegally LOUD, illegally polluting, aftermarket exhaust. It’s reasonable to assume that the metric, or foreign import, motorcycle riders make the same aftermarket exhaust upgrade to their street motorcycles also. (For a succinct explanation of the illegality of the disingenuous tactics used by the motorcycle aftermarket industry see: http://www.dealernews.com/…/shades-gray-selling-and-install…) (This article has been removed from the Internet, most likely due to its undeniable evidence of motorcycle aftermarket/dealer installation culpability) These statistics suggest that some 7,200,000 illegally equipped motorcycles are operating on our roadways and within our communities with a majority of these noise and particulate polluters operating on the streets of our crowded/confined urban areas.
1) Why is this vehicular NOISE assault allowed to continue?
2) Why are we failing to provide adequate protection for our children, our elderly, our handicapped, our families?
3) Why is Arkansas permitting Mayor Sanders of Ft. Smith; Mayor Jordan of Fayetteville; Mayor Carne of Hot Springs, to invite many thousands of illegally equipped, illegally modified, illegally LOUD, illegally polluting, motorcycles into our State and within our Municipalities for annual motorcycle rallies?
4) Why are thousands of illegally equipped, noise polluting, particulate polluting, automobiles, trucks and motorcycles traversing the roadways of Arkansas on a “daily” basis completely unencumbered by you and our State and local law enforcement community? Why?
PLEASE VIEW THE FOLLOWING VIDEO DEMONSTRATING STARK VIOLATIONS OF ARKANSAS’ MOTOR VEHICLE LAWS RELEVANT TO OUR ENVIRONMENT.
Response from Lesley Morgan, Attorney representing Arkansas’ Department of Environmental Quality. (30 October 2015)
Mr. Holtsclaw,
Thank you for your response and your messages. I have reviewed the issues raised your email. I refer you to an opinion issued by the Attorney General’s office that addresses the section of the code that you referred to in your email. That opinion is available at the following address: http://ag.arkansas.gov/opinions/docs/2009-015.html
As the opinion states, enforcement of this portion of Title 27 of the Arkansas Code is under the purview of law enforcement authorities in the state of Arkansas. The Arkansas Department of Environmental Quality is not designated as an authority for enforcement of Title 27. Please contact your local law enforcement officials in order to address violations of Ark. Code Ann. § 27-37-601.
Please feel free to contact me if you have any questions.
Thanks,
Lesley Morgan
Attorney
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118
501-682-0889
morganl@adeq.state.ar.us
Thank you Lesley for your response; unfortunately, our law enforcement entities appear to be uninterested in enforcing the laws relevant to illegally equipped, illegally loud, illegally polluting, motor vehicles in Arkansas and my attempts at civil redress to coerce them into action have been stymied by the archaic and, in my humble opinion, unconstitutional doctrine of Sovereign Immunity.
How can this be?
1) Does Arkansas not have a regulatory entity that pursues and investigates retail establishments that blatantly violate Arkansas’ laws relevant to environmental pollution?
2) How does one motivate a law enforcement community to intercede on behalf of the citizenry they swore to protect and serve if the civil courts are closed to them via unconstitutional protections?
3) Are we, as citizens of Arkansas and citizens of the United States, denied the right to equal protection under the law as unscrupulous and irresponsible men and women assault our children, our elderly, our handicapped, our families, with vehicular noise emissions that have been clearly substantiated as causing physiological and psychological harm?
[27 October 2015] In order to exemplify the nonfeasance of the Law Enforcement Community, the Leadership in the beautiful State of Arkansas, I have produced the following video. It’s not edited, it’s not “pretty” or awe inspiring…it’s just the raw facts and nothing but the facts.
In this video, Video 6 of the Loud Motorcycles Suck Series, I call a motorcycle dealership and an exhaust installation facility, both in Arkansas and ask them questions regarding the product(s) they retail in the State.
Please read the following Arkansas Motor Vehicle Law before listening to the video:
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.
[24 October 2015] Attorney General of Arkansas, Leslie Rutledge, has pointed the finger at Arkansas Department of Environmental Quality (ADEQ) as having jurisdictional authority over my concerns for the vehicular NOISE debacle assaulting the citizens of Arkansas. With that in mind, I’ve asked ADEQ the following questions:
I am a retired 31.5 year veteran of the Houston Police Department who has been battling the out-of-control vehicular noise debacle for some seven years now – this, with an emphasis on illegally equipped, illegally modified motorcycles. I have made four attempts to receive answers from AG Rutledge and Governor Hutchinson relevant to the vehicular NOISE debacle assaulting the citizens of Arkansas. Finally, as of yesterday, 23 Oct. 2015, AG Rutledge answered my correspondence with a letter of impotence and advised me that I should contact ADEQ for assistance. Please respond to the following concerns:
1) Arkansas’ Motor Vehicle Laws strictly forbid the operation of a motor vehicle upon the roadways of Arkansas with a muffler that does not meet FACTORY OEM specifications, yet thousands of motorcycles, automobiles, trucks operate daily on our roadways with modified OEM or aftermarket exhaust mechanisms that emit incredible noise emissions. Motorcycles operate on our roadways completely unencumbered by law enforcement emitting decibel levels that are two-four-six or more times the legal total motorcycle noise emissions of 80 dB(A) – stipulated as the “minimum” level of protection for the general public as per the EPA (decibel level differentiations calculated on logarithmic scale). Why is ADEQ not interceding on behalf of the citizenry of Arkansas and stopping the audible assault on our children, our elderly, our handicapped, our families? NOISE which violates the rights of Arkansas’ citizens promised them in the Preamble to our Constitution and NOISE that has been confirmed to be hazardous to the health of Arkansas’ children, our elderly, our handicapped, our families – this physiological injurious noise assault confirmed as harmful by the World Health Organization and audiologists.
2) Why is ADEQ permitting the operation of illegally equipped motor vehicles, especially illegally modified/illegally equipped motorcycles, to operate on the roadways of Arkansas completely unencumbered while knowing full well that one (1) modified large displacement V-twin motorcycle that has had its catalytic converter removed during the installation of an illegal aftermarket exhaust mechanism emits up to ten (10) times the particulate pollutants into the atmosphere as one (1) compliant compact automobile?
3) Why is the ADEQ not enforcing the Arkansas Motor Vehicle Code restriction that clearly forbids the sale/retail of exhaust mechanisms that fail to conform to OEM-Factory specifications? How many modified-aftermarket exhaust retail/installation establishments are there in Arkansas? I would hazard to guess perhaps hundreds, yet you do absolutely NOTHING to stop this stark violation of Arkansas’ Motor Vehicle Law!
I can only assume that the Legislators for Arkansas enacted the Motor Vehicle Laws, relevant to noise and particulate emissions, as a result of “quality of life” concerns and concerns for the health and safety of the citizens of Arkansas – if so, why are these laws not being enforced? The Attorney General says that you are culpable, are you?
We have Mayors who prostitute themselves with the LOUD motorcycle cult[ure] via biker rallies where thousands of LOUD, illegally equipped motorcycles flood area municipalities and assault the tax-paying citizenry without remorse or care – WHY?
These are issues that MUST be addressed and personally, I’m am tired of getting the run-around from our impotent law enforcement community and our compromising leadership. Enough!
Your response and answers to my concerns would be most appreciated.
[13 October 2015] My FOURTH attempt to receive answers to my questions from Governor Hutchinson and AG Rutledge of Arkansas regarding:
1) Nonfeasance of State and Local Law Enforcement relevant to the unencumbered operation of illegally LOUD motor vehicles on the roadways of Arkansas. Arkansas’ Motor Vehicle Laws prohibit the operation of a motor vehicle on the roadways of Arkansas with an exhaust mechanism that does not conform to factory OEM specifications.
2) The retail and installation of aftermarket mechanisms within the State of Arkansas that do not conform to OEM-factory specifications. A stark violation of Arkansas’ Motor Vehicle Laws prohibiting the sale of such devices within the State.
3) The Mayoral Prostitution of Mayor Sanders, Fort Smith (Steel Horse Motorcycle Rally); Mayor Jordan, Fayetteville (Bikes, Blues, BBQ Motorcycle Rally); Mayor Carney, Hot Springs (Hot Springs Motorcycle Rally) as these Mayors compromise their integrity and oath of office by neglecting the safety and welfare of the tax paying citizenry by whoring themselves with the LOUD Biker Cult[ure] at these annual thug-fests.
Well Mr. Hunter, I have been waiting for a response from Governor Hutchinson for a very long time now. My last letter, my THIRD attempt at a response to my questions, was sent to you and the Governor dated in late September. I have received NOTHING from you or AG Rutledge.
Is it possible to sit down with the Governor, in person, and discuss the vehicular noise debacle in Arkansas? If the Lord is willing, I’m not going away and I want some answers. I am a tax paying, oh what a TAX paying, citizen of Arkansas and I have legitimate-valid questions regarding nonfeasance on the part of State and local law enforcement, Mayoral prostitution and compromise with the Loud Biker Cult[ure] via biker rallies and the retail and installation of illegal aftermarket exhaust mechanisms in Arkansas, a clear violation of the Arkansas Motor Vehicle Laws.
Must I perform a hunger protest on the steps of the Capitol building to get the Governor’s attention. Am I not worthy of his time?
With all sincerity,
Rick Holtsclaw, Houston PD/Retired
Loud Motorcycles Suck – Facebook Community Page
My recent Videos for you and Governor Hutchinson on the subjects I want to discuss with the Governor:
https://www.youtube.com/watch?v=jx8PM8KUvZM (My efforts to police the Loud Biker Cult[ure] in Houston and an example of the “entitlement” mentality of the Loud Biker Culture.
"RickeyD" Holtsclaw 