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
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?
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.
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.
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.
Illegal Vehicular NOISE as LUCRITIVE “Probable Cause” for a STOP and Investigate by Law Enforcement in Lee County, FL…
Those law enforcement agencies and their leadership and their mayor’s and their governor’s who permit vehicular NOISE thugs to destroy the daily quality of life of their citizenry they swore to protect and serve…vehicular NOISE thugs who recklessly endanger the health and welfare of those very same citizens, these are often times compromised as they themselves violate the vehicular noise laws they’re tasked to enforce and consequently the citizenry suffers.
There is also much money to be made, retail and in tax revenue, from permitting vehicular NOISE thugs to violate the rights and daily life of the citizenry…as an overwhelming number of citizens have grown accustomed to the illegal and intrusive and dangerous NOISE unware that laws exist that prohibit same, laws exist to protect our children, the elderly, our handicapped, from vehicular noise thuggery that is out of control and pervasive upon our public roadways; essentially a physical assault as noise is energy.
With that said, during my 31-years in law enforcement/traffic enforcement/street patrol, I found NO GREATER probable cause for a stop and investigate than vehicular NOISE as the same thug who violates the noise laws and audibly assaults the citizenry void conscience or care; these thugs are the very same thugs who often violate other laws for which warrants have been issued, license’ suspended. Any police officer who will take the initiative to stop unlawful vehicular NOISE will see an exponential rise in his/her warrant arrests….warrants cleared.
Driving and Riding LOUD is abusive, thug, mentally and spiritually ill behavior and it is the selfish and uncaring in our society that partakes in same! It is a compromised, lazy, ignorant, police department that permits vehicular NOISE thugs to rule our public roadways.
"RickeyD" Holtsclaw 