Letter: Congressman Byron Donalds; EPA Administrator Lee Zeldin INRE Illegal Vehicular NOISE!

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Dear Congressman Byron Donalds, EPA Administrator Lee Zeldin,

I am a retired 31-year veteran of the Houston PD currently living on Pine Island, Bokeelia, Florida. During my enforcement years with the HPD and during my last fourteen years of retirement, I have endeavored to intercede on behalf of our most innocent, our children, the elderly, the handicapped, and our families, who are audibly assaulted and abused by the OUT OF CONTROL numbers of illegally modified, illegally equipped motorcycles, automobiles, and trucks emitting noise levels in multiples (logarithmic) of the legal, total, environmentally safe noise emissions of 80 dB(A), the maximum safe operating noise level as per the US EPA for motorcycles (1986 models forward), light- to medium-duty trucks, and automobiles.

Florida’s own state Noise Abatement Law, section 5, clearly requires the quiet OEM-factory-installed muffler (80dBA) for all street-use motor vehicles, yet Florida’s roadways are inundated with motorcycles that have been illegally modified or illegally equipped with “not for road use” aftermarket exhausts; this, while a plethora of trucks and automobiles are illegally modified with “FlowMaster,” “Magnaflow,” and “BORLA” type noise-making devices. I have personally successfully enforced, cited, and adjudicated untold numbers of vehicular noise violations during my enforcement years, and I am respectfully asking for your intercession concerning the out-of-control vehicular noise abuse in Florida.

Governor DeSantis has failed to respond to my concerns. Lee County, Charlotte County, Fort Myers, Cape Coral, Punta Gorda, Port Charlotte, and the leadership of these entities could care less that the daily quality of life and the health and welfare of their citizens, our most innocent, are destroyed daily and nightly by those who ride and drive illegally, intrusively, LOUD. To make matters worse, mayors and police chiefs across the State of Florida and the United States prostitute themselves for the city coffers, compromising with the LOUD motorcycle culture through scheduled “biker rallies” where these illegally equipped, illegally LOUD motorcycles are welcomed into a municipality and the citizenry of said municipality are abused daily and nightly during the illegal event; this, while Governor DeSantis says and does NOTHING. Why? I have the answers; I have the solutions to this pervasive, formidable, vehicular noise problem.

As far back as the Congressional 1972 “Noise Control Act,” Congress has expressed concerns over environmental noise and subsequently delegated enforcement authority to the States concerning vehicular noise and its detrimental effects on human physiology; unfortunately, the States, their enforcement entities, have failed the American citizen miserably.

Additionally, there exists no greater “probable cause” for a stop and investigate than illegal vehicular noise, and during my enforcement years, I successfully cleared warrants, suspensions, and equipment violations using vehicular noise as my probable cause, a probable cause that is undergirded by legal precedent. Arron C. Aguilar, V. State of Texas (2008). https://law.justia.com/…/fourth-court…/2008/20953.html

Motorcycles operated upon the public roadways of the United States are, at production, thoroughly tested for noise emissions via the SAE J331a full throttle drive-by testing procedure. Motorcycles for roadway use are tested at full brake horsepower, and noise emissions are evaluated at 42 feet on each side of that make and model motorcycle at full brake horsepower during full acceleration. Street-use motorcycles are restricted to a “total” motorcycle noise emission of 80 dB(A), and when/if said motorcycle meets this noise emission criteria, the OEM muffler is heavily embossed with a US EPA emissions label…this is a permanent label to be positioned for enforcement inspection, and the frame of that motorcycle receives a frame label matching the muffler to the motorcycle. This OEM-factory-installed muffler must remain on the motorcycle and in compliance for the “life of the motorcycle.” Approximately 80% of the motorcycles operating on public roadways of Florida and throughout the United States have been illegally modified by tampering with the baffling, or the OEM-factory-installed muffler has been removed and replaced by a “not for road use” aftermarket LOUD exhaust; this is done via a selfish act of narcissism on the part of the owner who enjoy their NOISE and abusing the public with same. Counter to loud biker excuses suggesting “loud pipes save lives,” loud pipes actually violate rights and make the operator less safe!

In addition, far too many automobiles and trucks, regulated to 80 dB(A) by federal law, Title 40 of the Code of Federal Regulations, operating in Florida and throughout the United States have been illegally modified by the installation of a “MagnaFlow” or “FlowMaster” or “BORLA” noise-making device; this, for no other reason than appeasing the narcissistic appetite of the operator at the physiological expense of the citizenry.

Today’s environmental and physiological disaster of illegally LOUD motorcycles, autos, and trucks operating unencumbered upon our public roadways is the shameful equivalent of yesterday’s smoking in a public place. Subsequent extensive medical testing and research, evidence shows that there exists no greater environmental threat and causation concerning cardiovascular disease, stroke, and stress-related illnesses than unregulated motor vehicle noise in our densely populated communities.

Approximately a decade ago, I journeyed to Washington, DC where I lobbied House and Senate representatives for intercession concerning vehicular noise abuse in the United States. My efforts were met with utter disrespect and scoffing seeing that I was not a prospective financial donor to their reelection efforts; therefore, my rough draft of a quiet communities bill and my concerns for the vehicular noise abused citizenry were shunned, and my time and money were wasted.

Congressman Donalds, please don’t fail the good and respectable citizens of Florida, those who endeavor to do the right thing and respect their fellow citizens, raise their families in a healthy and peaceful environment. I am free to meet with you at your convenience via phone or in person. I will place the URL of a sampling of articles I have written relevant to my concerns and my efforts to intercede on behalf of the vehicular-noise-beleaguered citizenry. I am respectfully seeking your intercession and assistance; please don’t toss my concerns aside. Let’s make Florida’s roadways lawful, respectable, for the health and welfare and daily quality of life of all citizens. Please help me STOP the vehicular NOISE bullies who abuse our most innocent, daily and nightly? Apparently, it will require a Congressional restriction on highway funding to the States in order to force their compliance with the US EPA’s vehicular noise mandates. Will you intercede on our behalf?

Sincerely,

Rick Holtsclaw, Houston PD/Retired

1) The Truth about Loud Motorcycles, Auto’s, Trucks, the Police won’t or can’t tell you: https://rickeyholtsclaw.com/…/the-truth-about-loud…/

2) Motorcycle Noise Enforcement 101: https://rickeyholtsclaw.com/…/motorcycle-noise…/

3) LOUD Biker Thuggery and the US EPA: A History: https://rickeyholtsclaw.com/…/loud-biker-thuggery-and…/

4) Do Loud Exhausts on Motorcycles Save Lives? https://rickeyholtsclaw.com/…/loud-pipes-save-lives-do…/

5) Lee County Florida’s Legal Department Does the Right Thing: https://rickeyholtsclaw.com/…/lee-county-floridas…/

This following paragraph from Section 293 is very important as it restricts using any non-original equipment which can increase noise limits on cars or other vehicles:

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.— Florida State Law

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

This makes it illegal to use any aftermarket modifications louder than ones your vehicle is manufactured with. All devices producing excessive exhaust noise are not legal. There are exceptions which include emergency vehicles, vehicles used in races or similar events, agricultural equipment, and test vehicles.

Loud Vehicle Abuse – Florida, Lee County, Why? https://youtube.com/shorts/LHmMRNl8LWs

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Dear Rickey,

Thank you for taking the time to contact me about your thoughts on vehicular noise in Florida, I appreciate hearing from you on this front. As the 119th Congress continues, I will be sure to keep your thoughts and suggestions in mind as this issue is addressed. Additionally, please let me or a member of my staff know if we can be of any assistance going forward, take care.

Sincerely,

Rep. Byron Donalds
Member of Congress

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Dear Congressman Donalds and/or the Staffer who prepared the kind response,  (11 – 5 – 25)

I am prepared, ready, willing, able, to appear before a committee and articulate my concerns and request for intercession. Please don’t disregard my efforts to right the wrong of government inaction concerning those who abuse our most innocent and destroy daily quality of life with illegal vehicular noise. Thank you for your response though I fear you never received my letter of concern but the response, though kind and thoughtful, is the work of a staffer who has no idea of the urgency and importance of this matter. Please don’t treat me as your fellow members in the House and Senate treated me during my visit to D.C.. The only solution to the problem, plague, of vehicular noise abuse is Congressional intercession, the withholding of transportation funding, to those States who refuse to comply with the mandates of the US EPA, Title 40 CFR, Part 205 and State Muffler Laws that require the noise suppression mandates of the Code of Federal Regulations. If you reject intercession on behalf of the vehicular noise beleaguered citizenry, you reject your obligation to provide “protection” to those who have no one to intercede on their behalf. 

Sincerely, 

Rickey D. Holtsclaw, Houston PD/Retired 

Today’s Vehicular Noise abuse is Yesterday’s Smoking in Public Places…

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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 Title 40 and muffler labeling and 80dB(A) mandates delegated to the States for enforcement. Doing NOTHING ensures failure….at least make a stand for what is right.

Also see: The Truth about Loud Motorcycles, Auto’s, Trucks, the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Do Christians Sin?

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Do Christians Sin?

Redemption, salvation, born-again, does NOT negate the influence of the old Adamic sin-nature integral with the flesh (Romans 5:12). The rebirth in Jesus performed by the indwelling Holy Spirit concerning those who trust in Jesus as Messiah (John 3:3-5; 2 Corinthians 5:17) simply transforms the spirit of man into one that “desires” obedience, seeks to please the Father through the production of divine fruit (John 15:8; Galatians 5:16-23) but a spiritual inner war ensues between the old flesh and the new spirit and there are times where the old flesh is successful in compromising the new spirit via word, thought, deed, but the Spirit convicts the redeemed conscience and provides the new man the solace of 1 John 1:9 in order that intimacy and fellowship with the Father can be restored, intimacy stymied by disobedience; though eternal relationship is secure via the Spirit as Guarantor (Ephesians 1:13-14) the new spirit wars against the flesh during daily sanctification and this war, battles won, battles lost, will continue until the fleshly tent, that is the body of man, is taken down through death and the spirit is set free from the incessant tug/temptation of disobedience. It is in Jesus by faith that the redeemed ultimately succeed and are victorious (1 Corinthians 15:57).

Though the redeemed in Jesus are declared “not guilty” by the Father as a result of New Covenant promise (Hebrews 8:12), the redeemed will, unfortunately, fall short of perfection BUT the Father agrees by New Covenant promise to not see the failings of the redeemed in Jesus but the Father chooses to only see the absolute perfection of His dear Son over the life of those who have trusted in Jesus’ atonement at Golgotha; this, due the glorious imputation/gifting of Jesus’ righteousness over the life of the one who “believes” that Jesus is Messiah (2 Corinthians 5:21).

To clarify, a Christian does sin but the one redeemed by the Holy Spirit does not revel or glorify in their sin through continued, willful, disobedience but the Christian is quick to repent, apologize, strive for perfection, moving forward in assurance that they are the Father’s prize possession due Jesus’ faithfulness, Jesus’ obedience, eternally.

Teaching others to “keep the Laws of Yahweh”

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Teaching others to “keep the Laws of Yahweh.”

There is absolutely nothing wrong with teaching another to obey and honor Elohim’s Old Covenant Law as long as the student understands that obedience to laws does not equate to salvation from the “second death” in Hell nor does keeping laws, rules, edicts, equate to establishing righteousness (a right standing) with the Father (Galatians 5:16; Romans 3:20-23).

One can only find life, salvation, redemption, the rebirth, forgiveness of sin, by believing, trusting, in Jesus as Messiah/Savior who died on the Cross as blood atonement for our sin (Leviticus 17:11; Matthew 26:28; John 14:6; John 3).

Also know that in the New Covenant, the pursuit of letters/laws/edicts/traditions, though honorable, doesn’t please the Father concerning righteousness (Isaiah 64:6) but it is the production of divine fruit, obedience to the indwelling Holy Spirit, that glorifies the Father and proves one to be a disciple of Jesus (John 15:8). Through the production of divine fruit, every jot and tittle of the Law is fulfilled (Galatians 5:16-26).

Why did Jesus insist that His Disciples wait on the Holy Spirit for ministry?

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Why did Jesus insist that His Disciples wait on the appearance of the Holy Spirit before beginning their ministry concerning the Gospel? Acts 1:1-11

Jesus’ introduction into Time through the virgin birth (Luke 1) and His entire ministry (John 1:33; Luke 4:1) was wholly reliant upon the work and anointing of the Holy Spirit. Jesus had laid aside certain deific attributes in order to take-on flesh and humble Himself as a “man” (Philippians 2:5-11); therefore, Jesus relied on the Holy Spirit’s anointing to defeat Satan (1 John 3:8b), to perform signs, wonders, miracles, and Jesus knew that void the Spirit’s presence and full anointing in the lives of the Disciples, they would be like sheep headed to the slaughter.

This is why Jesus said that those in His presence who had attributed His miracles of healing and exorcism to works of the Devil would NEVER be forgiven for the blasphemy against the Holy Spirit because it was the Holy Spirit who anointed Jesus to comply with the Father’s will in all things (Matthew 12:32).

Can a Christian walk according to the flesh rather than according to the Spirit?

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Can a Christian walk according to the flesh rather than according to the Spirit?

Won’t happen. If one is truly “born again” by faith in Jesus and the Holy Spirit is their Guarantor of New Covenant relationship with the Father (John 3:3-5; Ephesians 1:13-14), they can’t compromise with the World void a crippling accusatory conscience; in other words, a true Christian cannot function day-to-day living in sinful compromise with the World; the Spirit will NOT allow it.

The greatest gift Jesus provides us along with eternal life in the Kingdom is a life of peace, contentment, joy, fellowship, through the Holy Spirit…once these gifts are tasted and internalized, there is nothing that satisfies the Christian but intimacy with the Father, Jesus, the Holy Spirit. NOTHING in the World can replace or substitute the JOY of the Spirit’s anointing with peace and contentment irrespective of the World’s allure. If one can walk according to the World they don’t belong Jesus, they are NOT a Christian; therefore, it’s an oxymoron…a continually compromising Christian is a contradiction in terms.

Why didn’t Jesus remain on Earth if He is the Messiah?

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Subsequent His atonement for sin and resurrection, why didn’t Jesus remain on Earth and rule? Why allow this present chaos?

There is an eschatological plan in-play; that plan was announced in Genesis 3:15 and the battle strategy for victory declared in Genesis 3:21. Jesus tells you that His Kingdom is NOT of this World and His servants that fight for Him are of a different Realm than this temporary Realm of Time and physics.

Jesus has been granted complete dominance over Time and Eternity (John 3:35) and He IS in complete control but the purposes for the creation of Time are playing-out according a specific eschatological strategy and what might seem like chaos in the World to you is actually a battle strategy that will stymie rebellion in the New Jerusalem, an eternal Kingdom replete with “free will” to manifest subsequent the destruction of Time, Earth, this temporary Universe.

Does God forgive a person of sin after knowing the truth of sin and God’s will?

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Does God forgive a person of sin after knowing the truth of sin and God’s will for our life? Does God forgive a Christian who sins? Hebrews 10:26

First of all, “Knowing” the Truth and “Acknowledging” the Truth that initiates New Covenant relationship are two-different things. Does God forgive the Christian who sins? A true Christian does not find pleasure in sin and seeks to avoid sin at all cost; therefore, no Christian willfully continues to live in sin and rebellion, a life of willful sin runs contrary to a life seeking intimacy with our Creator (2 Corinthians 5:17). With that said, every Christian sins in word, thought or deed due the old Adamic sin-nature that is integral with the flesh (Romans 7).

The Christian has been forgiven of past, present, future, sin via New Covenant promise (Hebrews 8:12); hence, the inclusion of 1 John 1:9 given the Christian to “restore intimacy” with our Lord when we compromise with our old sin nature…we ask forgiveness not to restore divine relationship which is secure in Jesus and Guaranteed by the indwelling Holy Spirit (Ephesians 1:13-14), but we ask forgiveness to restore intimacy and fellowship much like we apologize to a good friend for wronging them…the relationship is secure but we can offend our friend and that offense creates a chasm…we apologize to our friend to restore intimacy, no different with our God. The relationship between the Christian and the Father is secure by New Covenant promise (Ephesians 1:13-14; Hebrews 8:12) but intimacy is realized through obedience, the production of divine fruit (John 15:8; Galatians 5:16-23).

Christianity v. Religion

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Christianity v. Religion

Christianity, theologically speaking, is NOT a religion but a divine relationship with our Creator granted us by grace (unmerited favor we cannot earn) through faith (trusting-believing with a sincere heart) that Jesus is Messiah, God, Elohim, who became flesh to provide me blood atonement for my sin, a sin-debt owed the Father that I could NEVER pay myself due my Adamic sin-nature.

Religions, theologically speaking, teach that it is possible for sinful mankind to strive, work, labor, to do good, to please our Creator by the work and labor of our hands and will and IF we work sufficiently, do enough good things, be sufficiently “good” by keeping laws-rules-edicts, we can possibly “earn” God’s favor and find life with God in Eternity. This is a lie of religion, a lie of Satan, a lie of religious cults, a path to a life of heartache and futility, path to the second death in Hell.

Are you a Christian?

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Are you a Christian? What are two “signs” of a true Christian and disciple of Jesus?

If you’re truly “born again” (John 3:3), the Holy Spirit that indwells you and is your Guarantor of New Covenant relationship with the Father (Ephesians 1:13-14) will daily guide you in sanctification (a setting apart) from the World system of demonic rebellion (Galatians 5:16). This is but one sign that you are truly “born again” and belong to Jesus…YOU WILL produce divine fruit that glorifies the Father and confirms your eternal status as Jesus’ disciple; therefore, if you hold yourself out to be a Christian but this divine fruit is not present (Galatians 5:16-23), you have every right and obligation to reconsider the veracity of your relationship with the Father…no fruit, no desire for fruit? You’re not in divine relationship.

Remember, we don’t “work” or produce divine fruit to be saved or earn our salvation BUT we produce divine fruit because we are saved by grace through faith and the Spirit produces fruit through us via daily sanctification (Galatians 2:16; Ephesians 2:8-9).

The second sign of true New Covenant relationship is your response to this question: Is Jesus God/Elohim/Eternally who became flesh to provide you blood atonement for your sin? If your answer is yes, the Holy Spirit indwells you; if your answer is NO, you belong to the Devil and you are Satan’s servant, NOT the servant of Jesus and you’re absent the Holy Spirit (John 8:24).