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

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/