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