Illegal Vehicular Noise – A Nationwide Plague upon the American Citizen – Solutions?
Protection is the number-one responsibility of Government.
1) 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, Attorney’s General, State Law Enforcement, Local Law Enforcement. Pervasive evidence spanning the previous forty-years confirms that the States enforcement relevant to abusive, illegal, vehicular NOISE has been an abysmal failure. What can be done?
2) 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.
3) 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.
4) 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.
5) 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.
6) 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.
7) Every State must acknowledge a law enforcement officer’s legal right to use suspected illegal vehicular NOISE as lawful “probable cause” to stop and investigate both the vehicle and 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
Vehicular NOISE abuse in Florida, some relevant questions…
Can someone explain to me why Lee County enforcement officials refuse to protect and serve the most innocent, children – the handicapped – the elderly – our family members, from the audible abuse of illegally LOUD bikers, auto and truck operators, operating unencumbered on the public roadways of Lee County, Florida; this, when Florida’s State Motor Vehicle Law clearly prohibits the operation of these illegally LOUD motor vehicles by mandating a quiet muffler that meets the sound suppression capabilities of the OEM – factory-installed muffler that was affixed to the vehicle when manufactured? Why is the Cape Coral Police, Fort Myers Police, Lee County Sheriff’s Department, the State Highway Patrol, so very impotent and neglectful relevant to vehicular NOISE abuse? Does this misfeasance, malfeasance, stem from ignorance, apathy?
Why have Florida’s State Legislators made violations of the Muffler Laws a “non-criminal civil offense” (fine only) as opposed to a “criminal physical assault” with escalating fines and incarceration for subsequent abusive offenses? Are Florida’s State Legislators and Governor DeSantis unconcerned about the health and welfare, the daily quality of life, of the Floridian, our families, our children, our elderly, the handicapped, who are abused by vehicular NOISE thuggery day and night, 24/7/365?
Yes, the Legislator’s have recently enacted a noise law to address LOUD music “noise” emanating from motor vehicles, why NOT enforce the muffler laws as well and impound these offensive vehicles and incarcerate the abusers? How much longer must Florida’s residents suffer from the vehicular NOISE bullies? Where is the governmental intercession or are we expected to take matters into our own hands?
Florida Statutes Title XXIII. Motor Vehicles § 316.293. Motor vehicle noise
Current as of January 01, 2023
(5) Noise abatement equipment modifications.–
(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.
(b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified.
Why is the Spiritual Law written upon the heart (the New Covenant) infinitely superior to Torah Law – Sinai – Moses – Codification?
First of all,
The codified law given Israel at Sinai and through Moses is but a mere fragment of the comprehensive Spiritual Law written into the human genome on Day-6 by Elohim. The codified law is wholly inadequate as a comprehensive arbiter of free will as it does NOT and CANNOT adequately address every moral decision encountered by the Christian 24/7/365.
Second,
The “fruit of the Spirit” does NOT conflict with the codified law provided Israel at Sinai and through Moses; but again, the relevant point is this…the codified law is fragmented, it’s incomplete, it was given Israel specifically for eschatological and sanctification purposes; the codified law cannot engender righteousness (Romans 3:20); the codified law only curses by defining one’s culpability void atonement (James 2:10; Galatians 3:10); the codified law was given Israel as a roadmap pointing them to Messiah by faith (Galatians 3:24). Christians are NOT under the codified Law given Israel (Romans 6:14) but serve through the Spirit via the production of divine fruit that fulfills ALL LAW (Romans 7:6; 8:2; Galatians 2:16; 5:22-23).
Discussion,
It is the comprehensive, spiritual law written upon the heart (Hebrews 10;16; 8:10; Jeremiah 31:33; Ezekiel 36; 26) and arbitrated by the indwelling Holy Spirit in the New Covenant during daily sanctification (Galatians 5:16; Romans 8:2; 2:14-15) that is INFINITELY superior to Sinai and Moses as the spiritual law, written into the human genome on Day-6, arbitrated by the redeemed conscience of the Christian through the indwelling Holy Spirit (2 Corinthians 5:17) that methodically addresses every moral decision encountered by the redeemed in Messiah, daily. It is the comprehensive spiritual law that is the law of obedience in the New Covenant as the Spirit produces divine fruit through the redeemed, fruit that actually pleases the Father and fulfills ALL LAW (Galatians 5:16-23; John 15:8).
In closing,
A true Christian does not live their daily life cognitively engaged with Sinai or Moses, they live their daily life in peace with the Father through faith in Jesus as Messiah (Romans 5:1) and their intimacy with the Father is maintained methodically by the work of the Spirit in daily sanctification (Galatians 5:16) who does the work of obedience through the Christian by producing “fruits of the Spirit” that pleases the Father; divine fruit that honors Jesus’ commands and fulfills the Moral Law while furthering the intent of the Great Commission.
What is the purpose of Law? What is the difference between the codified Law (law of sin and death) v. the Spiritual Law (law of the Spirit of life) in Romans 8:2?
Discussion,
The purpose of all Law, whether it be codified e.g. Hammurabi – Sinai – Criminal Code (Penal Code) – Civil Code (Administrative) or Spiritual Law (divine law written upon the human heart and arbitrated via the human conscience, Romans 2:14-15) is as an arbiter of free will, lawwhich defines human moral behavior i.e. mores – norms – values that are sustainable; moral behavior that furthers the divine prerogatives for Human Kind relevant to the inalienable rights as granted by our Creator e.g. life, liberty, the pursuit of happiness.
Differentiating codified law from spiritual law through application,
Codified laws (a written code) are created in response to the genomic Adamic sin-nature of humanity, a sin-nature possessing the propensity for narcissism, selfishness, pride, arrogance, greed, inordinate affections, inordinate lust, covetousness, all of which are unsustainable behaviors, unsustainable conduct, concerning the welfare, the happiness, the liberty, the sustainability of a social group seeking to exist in an atmosphere of peace, dignity, honor, contentment; this, concerning the whole of the community.
Codified laws define what behavior is sustainable through the “negative” via a definition of what behaviors are NOT sustainable and modern jurisprudence goes to great lengths to provide “elements” that define every behavior that wars against sustainable mores, norms, values, as derived from “natural law” or the Spiritual Law (that law written upon the human heart and arbitrated by human conscience), behaviors “naturally” deemed appropriate thus sustainable for the welfare of the whole of society. It is also true that some codified law is the resultant of trial and error where a society or legislative body determines a particular conduct is not sustainable due to its ultimate destructive, divisive, outcome over time via experiential relevance.
The Codified Law and the lawless in society,
Therefore, the codified law is given for the lawless (1 Timothy 1:9), the antisocial personality, whose conscience is seared, a conscience that is corrupted and not regulated by a natural sense of right and wrong, good and evil, as the Divine “Restrainer” of evil, the Holy Spirit (2 Thessalonians 2:7), is absent in the life of the incorrigible, the rebellious, the narcissist, as they have been given-over to pursue those things, those behaviors, that are not socially sustainable and thus war against life, liberty, the pursuit of happiness relevant to the whole of society (Romans 1:18-32).
Therefore, the codified law, the written code, is given to define what is sustainable behavior through the negative; that is, by defining what behaviors, actions, are NOT sustainable and violate acceptable mores, norms, values and the codified law also articulates the negative consequences (punishment) for participating in this antisocial behavior; hence, the “law of sin and death” (Romans 8:2); therefore, the codified law is the law of condemnation as it defines the culpability of mankind but offers no semblance of hope or atonement for violations of same (Romans 3:20).
It is also relevant and important to note the subjectivity inherit within a written code as the sin-nature of Human Kind goes to great lengths to justify and/or rationalize antisocial behavior via obfuscation/rationalization/the definition of words – subjectivity; therefore, criminal “elements” e.g. mens rea (the guilty mind – “knowingly and willingly or negligently” or actions performed) accompany each individual offense; this, for absolute clarification concerning culpability. How does this written code compare/contrast to the Spiritual Law written upon the human heart?
Finally, the Codified Law and Sinai – Moses,
It’s interesting to note that the Spiritual Law had been in the World working through Human Kind from Adam to Moses and the Spiritual Law convicted the Adamic and Noahic generations (Later – Sodom and Gomorrah) of such defilement that Elohim destroyed all of humanity in judgment by water save eight (Genesis 6; Romans 1:18-32). So why Sinai?
Sinai’s Decalogue etched in stone by Elohim and Moses’ 603-laws scratched upon parchment were codified specifically for sanctification and eschatological purposes concerning Israel’s children as Elohim did NOT desire a repeat of the horrific infidelity displayed by the Adamic/Noahic generations, demonically rooted behavior that thwarted their ability to produce and introduce the Messiah into the World in order to “destroy the works of the Devil” (Genesis 3:15; 1 John 3:8b) via a battle strategy known as the Gospel which was ordained “before Time began” (2 Timothy 1:8-10; Genesis 3:21).
Sinai and Moses’ codified laws, given specifically to Israel’s children and sojourners with them who sought the protective benefits of that theocracy, were but a mere fragment of the comprehensive Spiritual Law written upon the heart of humanity and Sinai and Moses were never intended to be a path to righteousness (a right standing) with Elohim or a path to eternal life in the Kingdom via the forgiveness of sin for if one desired to keep the codified law sufficiently to earn a right standing with Elohim, they were required to keep that codified law in perfect obedience, perfection (James 2:10) which was not possible due the Adamic sin-nature (Romans 5:12); therefore, Sinai and Moses ultimately condemned and cursed anyone seeking righteousness through them (Galatians 3:10; Romans 3:20). From Adam forward, righteousness (a right standing) with Elohim was always predicated upon “faith” (Hebrews 11) and NOT works of the law (Galatians 2:16; Ephesians 2:8-9).
Spiritual Law “Law of the Spirit of Life” (Romans 8:2),
The Spiritual Law, that which is written upon the human heart, infused within the human genome on Day-6 of creation, has been relevant as an arbiter of free will subsequent the creation of the angels. The Spiritual Law or the “Law of the Spirit of Life” (Romans 8:2), the eternal law, defines what is divine law through the positive; that is, the Law of the Spirit of Life motivates and articulates what behaviors and attributes fulfill the righteousness, divine mandates i.e. sustainable behavior as they relate to the holiness and righteousness of our Creator, Elohim, and against these sustainable, holy, righteous, behavior’s (fruit of the Spirit) there is no law (Galatians 5:16-23).
The New Covenant and the Spiritual Law,
It is the Spiritual Law, written upon the human heart on Day-6 of creation, infused within the human genome by Elohim, that is integral with Human Kind having been created in the likeness of Elohim thereby possessing certain divine communicable attributes of our Creator (Genesis 1:26-28). The Spiritual Law written upon the human heart is but one of these divine communicable attributes provided by Elohim for His eschatological purposes going forward.
In the New Covenant, established in Messiah’s blood at Golgotha (Matthew 26:28), it is the Spiritual Law that is employed by the indwelling Holy Spirit who is given by Covenant promise to the redeemed in Jesus (Ephesians 1:13-14; Ezekiel 36:22; Jeremiah 31); it is the Spiritual Law in combination with the redeemed conscience of the faithful in Jesus (2 Corinthians 5:17) that the righteous mandates of the “Law of the Spirit of Life” are fulfilled during daily sanctification as the Holy Spirit methodically prepares the redeemed in Jesus for service in the New Jerusalem; this, as the one who “walks by the Spirit” (Galatians 5:16) is methodically guided by the Spirit when confronted by any number of moral, ethical, decisions made during one’s daily life; it is the indwelling Holy Spirit who urges the redeemed toward righteousness via the redeemed conscience; this, through an enlivened sense of discernment and wisdom via an enlivened and applicable Spiritual Law.
When one honors the Holy Spirit in daily sanctification and allows the Spirit to produce divine “fruit” (Galatians 5:22-23) through them, they obey every Commandment, every edict, that pleases the Father, the Son and the Spirit, eternally, and this fruit will reap rewards at the BEMA Judgment of Messiah Jesus (1 Corinthians 3:13-15). Jesus did say “You will know them by their fruit” (Matthew 7:15-20).
In closing,
Therefore, in the New Covenant of grace, the sin-nature of mankind is moderated-mitigated by the presence of the indwelling Holy Spirit via a New Nature (2 Corinthians 5:17) that wars with the old Adamic sin-nature (Romans 7:14-25) and grace/forgiveness via the imputation of Messiah’s righteousness (2 Corinthians 5:21; Hebrews 8:12) is provided by the Father so that the defiled conscience is mitigated, liberated, by the “new creation” (2 Corinthians 5:17) having been “born again” by faith in Messiah Jesus (John 3:3-5); therefore, peace with the Father is realized through faith in Jesus (Romans 5:1) and redeemed mankind is freed from the consequences of the written code by grace (Romans 6:14) and is therefore able to live in harmony with Elohim and walk in a manner that pleases Elohim via the production of “divine fruit” during daily sanctification; divine fruit, against which there are no laws as this divine fruit defines the very nature of our Holy and Righteous Creator and His will for humanity as well as His will for His cherished angelic creation (Galatians 5:22-23; Romans 8:1-9).
Seeing that the Christian is not under law but under grace (Romans 6:14) how does the Christian reconcile the instructions, the commandments, of Jesus with the freedom from enslavement to law received through the Holy Spirit in the New Covenant (Romans 7:6); after all, Jesus did say “If you love me you will keep my commandments” (John 14:15)?
First of all, if you desire to know and understand and internalize what Jesus taught; if you desire to honor Messiah’s commandments articulated during His Earthly ministry, you must first enter into New Covenant relationship with the Father by faith in the Son, trust fully in Jesus as your Messiah who died for you (John 3) and receive the indwelling Holy Spirit (Ephesians 1:13-14) who will bring to your remembrance all that Jesus has said (John 14:26) and this with spiritual understanding and the anointing to make Messiah’s teaching, His commandments, applicable to your personal life (1 John 2:27).
Second, walk in obedience to the indwelling Holy Spirit given you as Guarantor of New Covenant relationship with the Father when you have trusted in Jesus as your Messiah (Galatians 5:16; Ephesians 1:13-14); it is the indwelling Holy Spirit who employs the spiritual law written upon your heart (Romans 2:14-15) in combination with the redeemed conscience (2 Corinthians 5:17), a new creation received from your New Covenant relationship with the Father, and through you the Spirit will produce fruits of righteousness against which there is no Law and that fruit fulfills all Law (Galatians 5). Jesus said “You will know them by their fruit” (Matthew 7:15-20).
In response to your faith in Jesus as your Messiah, the Father has gifted-imputed the righteousness, the sinless perfection, of Jesus into and over your life (2 Corinthians 5:21) and by covenant promise the Father has declared you “not guilty” (Hebrews 8:12) and you have become a member of Elohim’s inner circle as His family and that fruit which the Spirit produces through you via your obedience, the Father is blessed and pleased and ultimately glorified.
"RickeyD" Holtsclaw 