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Bye-Bye Bikes-Blues-BBQ- Whoa! Questions about Loud Motorcycles…

Article:

Bye-Bye To 2016 Bikes, Blues & BBQ Rally

Posted 1:15 pm, September 25, 2016, by

at: http://5newsonline.com/2016/09/25/bye-bye-to-2016-bikes-blues-bbq-rally/

Excerpt from article: “Several police citations were issued for excessive noise, and in some cases this led to an additional citation such as driving on a suspended license. That’s what happened to Kyle Rofkahr of Ozark who initially was cited on Saturday for engine revving at W. Dickson Street and N. Church Avenue.”


Comment to article and relevant questions by Rick Holtsclaw – Concerned Citizens Against Loud Motorcycles, Facebook-YouTube-Wordpress.

There should have been three-thousand+ citations issued for illegal motorcycle noise – a good portion of the motorcycle NOISE bullies should have been incarcerated and the offending motorcycles impounded! The Fayetteville PD is obviously unwilling or incapable of policing this motorcycle NOISE thug-fest; therefore, where is Arkansas’ State Police and why are the Citizens of Arkansas being subjected to this un-Constitutional behavior of our Municipal Officials?

I attended the 2016 Bikes Blues BBQ Rally and personally observed and can testify to the fact that approximately 90% of the motorcycles in attendance were equipped with illegal “NOT FOR ROAD USE” aftermarket exhausts emitting decibel levels between four-and-eight-times+ the legal “total” motorcycle noise emissions of 80 dB(A) (logarithmic scale) as restricted by the US EPA’s “Code of Federal Regulations” (CFR) – the CFR specifying the acoustical dampening requirements of the quiet factory-installed muffler.

epa closed course label on muffler

V.

EPA muffler label

Note that the CFR mandates a “total” motorcycle noise emissions restriction of 80 dB(A) and that 80 dB(A) being the “minimum” level of motorcycle noise emissions protection for the general public. An overwhelming number of the motorcycles I observed on Dickson Street in Fayetteville on Friday Afternoon, 9/23/16, were capable of easily emitting between 105 to 110+ dB(A) – and under hard acceleration, these motorcycles are audible for over one-mile or more! Also note that Arkansas’s State muffler law (below) mirrors the “protective intent” of the Code of Federal Regulations by requiring the quiet factory-installed muffler! Approximately 10% (or fewer) of the motorcycles in attendance at the 2016 Bikes-Blues-BBQ Motorcycle Rally were legally equipped with their factory-installed muffler! This begs the following questions…

1) Did not the Arkansas General Assembly enact Arkansas 27-37-601 for the protection of the health and welfare, the quality of life of every Arkansan?
2) Why are Arkansas’ Municipal Leaders permitted to ignore and usurp the protective intent of the well-established State Muffler Law?
3) Are our Mayors, City Council Members, Board of Directors, Police Chiefs and State Police Director ABOVE THE LAW?
4) Does a Municipality have the right/authority to violate the U.S. Constitution as well as Arkansas’ State Constitution? Where are you on this issue Attorney General Rutledge?

I found it rather hypocritical and convicting of Fayetteville’s leadership that they’ve posted “Welcome to Fayetteville” city limit signs with the request “PLEASE RIDE QUIETLY” below the City’s name. How does a LOUD biker with a “closed-course,” “competition only,” NOT FOR ROAD USE, aftermarket exhaust “RIDE QUIETLY?” Really?

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Video: https://www.youtube.com/watch?v=8MIfWVqy29c

Other videos available on YouTube…

Shame on you Mayor Jordan and Police Chief Tabor for failing to enforce the law and permitting the motorcycle NOISE bullies of the Loud Biker Cult[ure] to audibly assault your citizenry and the citizens within every municipality positioned on the routes to and from this NOISE debacle. Shame on you Mayor Jordan, Mayor Sanders (Ft. Smith), Mayor Carney (Hot Springs) for trading the civil liberties and the civil protections/rights of the tax-paying citizenry for profit and political expediency by prostituting yourself with the hedonistic behavior of the Loud Biker Cult[ure] for MONEY – a stark violation of the 14th Amendment/42 U.S.C. § 1983!

equal protection

2010 Arkansas Code
Title 27 – Transportation
Subtitle 3 – Motor Vehicles And Their Equipment
Chapter 37 – Equipment Regulations
Subchapter 6 – Mufflers
§ 27-37-601 – Noise or smoke producing devices prohibited.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

Questions?  See,

Letter to US EPA inre to Motorcycle Noise: https://rickeyholtsclaw.wordpress.com/2016/09/16/loud-motorcycles-the-epa-a-plea-for-intercession/

Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

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

Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook, YouTube, WordPress

for FB coverme at lubys

1-Fishtail-pipes

LOUD Motorcycles & the EPA – A Letter & Plea for Intercession

15 September 2016

Dear Director Gina McCarthy,

Hello Director McCarthy and the dedicated employees of the United States Environmental Protection Agency (EPA).  My name is Rickey Dale Holtsclaw.  I am an honorably retired thirty-one-year veteran of the Houston Police Department.  During my tenure with the Houston PD, I served in radio patrol, motorcycle patrol and as a commercial rotorcraft patrol pilot.  During my enforcement years, traffic enforcement was a major part of my patrol responsibilities and it was during those traffic enforcement years that I gained an experiential knowledge of motor vehicle laws, especially laws relevant to motor vehicle noise emissions and the strategies involved in successfully enforcing and adjudicating vehicular noise violations.

The subject of this letter and the evidence provided relevant to same is based on my hands-on experiences as a law enforcement officer and avid motorcyclist, but the sincere and heartfelt request for your Agency’s intercession comes from the heart and concerns of a Husband, a Father, a Grandfather.  The subject of this letter is the role of the Environmental Protection Agency relevant to the exponential increase, OUT OF CONTROL, vehicular noise problem on our Interstates, roadways and within the communities of America.  Though illegally modified and illegally equipped automobiles and medium-to-heavy duty trucks are a major source of NOISE pollution, this letter is focused on the most egregious source of vehicular noise pollution confronting the American Citizen on a daily basis, the modified or illegally equipped motorcycle operated by men and women within a subculture of the motorcycling community I commonly refer to as the Loud Motorcycle Culture.

The Facts

Some 60% to 80% of the roadway-use motorcycles operating on the public roadways of the United States have had their US EPA compliant, factory-installed muffler removed and replaced with a “NOT FOR ROAD USE,” CLOSED-COURSE, COMPETITION aftermarket exhaust (many are unlabeled) that emits between four-and-eight+ times (measured on a logarithmic scale) the legal 80 dB(A) stipulated as the minimum safe level of motorcycle noise exposure for the general public.  I have provided a partial list of aftermarket manufacturing companies in the addendum accompanying this letter.

epa closed course label on muffler

V.

EPA muffler label

In 1972, the United States Congress passed the “Noise Control Act” and prefaced said Act with the following statement,

42 U.S. Code § 4901 – Congressional findings and statement of policy

(a) The Congress finds—

(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;

(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

In 1981, the Office of Noise Abatement and Control (ONAC) was de-funded at which time the United States Environmental Protection Agency stepped-back from an active role in environmental noise issues and delegated complete responsibility for noise control to the States and Local Governments. Director McCarthy, our State and Local Law Enforcement entities have miserably failed the vehicular NOISE beleaguered citizenry for over five-decades.  A change to the failed status quo is long over do; therefore, I plead for the EPA’s intercession.

The US EPA declares,

In the past, EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. EPA phased out the office’s funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were never rescinded by Congress and remain in effect today, although essentially unfunded.  https://www.epa.gov/aboutepa/epa-history-noise-and-noise-control-act

The EPA continues…

What is Noise Pollution?

The traditional definition of noise is “unwanted or disturbing sound”.  Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one’s quality of life.  The fact that you can’t see, taste or smell it may help explain why it has not received as much attention as other types of pollution, such as air pollution, or water pollution.  The air around us is constantly filled with sounds, yet most of us would probably not say we are surrounded by noise.  Though for some, the persistent and escalating sources of sound can often be considered an annoyance.  This “annoyance” can have major consequences, primarily to one’s overall health.  

 Health Effects of NOISE Pollution as per the US EPA…

Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects.

Sources of Noise Pollution as per the US EPA…

EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices. 

A Brief Review of the Legislative Aspects of Noise Pollution by Dr. Brind Kumar*, Sharad V. Oberoi@, Akash Goenka

Excerpt:

With the advancement of science and technology at an unprecedented pace, the urban centers of today’s world have evolved not just in size but also in terms of the living conditions provided by them. This has brought about an increasing new awareness about the noise pollution, which has become a part of our day-to-day lives. Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. Apparently, this is a potential hazard to the provisions of sound living conditions and needs to be checked at planning, administrative and judicial level.

The EPA, Local and State Enforcement of Vehicular Noise

During my thirty-one-year tenure with the Houston Police Department, I personally observed the exponential increase of dangerous, intrusive, illegal motor vehicle NOISE while observing, with shame, sworn law enforcement officers becoming some of the most prolific violators of the muffler laws.  Not only were civilian motorcyclists cutting the mufflers off of their motorcycles or purchasing NOT FOR ROAD USE/racing exhausts and installing them on their street motorcycles, but my fellow officers were forming law enforcement motorcycle clubs and law enforcement biker gangs where the operation of an illegally equipped, illegally LOUD motorcycle was (and is) expected and was (and is) the status-quo.

Over the years, I watched as the motorcycling community morphed into organized members from the white-collar/blue-collar social strata possessing disposable income as the motorcycle also morphed from an item of novelty to a major source of transportation.  The “motorcycle” became associated with a “lifestyle of freedom,” an icon of independence and individuality – a vehicle of expressed machismo.

if it feels good do it biker creed

Along with this façade came the influence of the venerable Group Dynamic and illegal motorcycle NOISE became Iconic – that NOISE is a coveted identifier within the “LOUD Biker Cult[ure]” and it is that NOISE forming the cohesive element of the motorcycle “brotherhood.” As history will confirm, where there is a need, desire or a want and where there is money to acquire that wanton desire, there will be those profit-minded suppliers to fill those desires, irrespective of the legality; therefore, I watched as a plethora of motorcycle aftermarket manufacturers emerged onto the motorcycle soundscape.

aftermarket-exhaust

The Motorcycle Aftermarket Exhaust Industry – (an undeniable criminal conspiracy)

Director McCarthy, as I mentioned earlier, some 60% to 80% of the motorcycles operating on our public roadways today are illegally equipped with incredibly LOUD aftermarket exhaust mechanisms that mock the “protective intent” of the Code of Federal Regulations.  Aftermarket motorcycle exhaust companies like Vance and Hines, Rinehart Racing, Python, Bubs, Cobra, D&D, Yoshimura…on and on the list goes. (See addendum)

These motorcycle aftermarket companies are manufacturing motorcycle exhausts that in no way conform to the NOISE and PARTICULATES emissions standards as set-forth by the US Environmental Protection Agency; emissions standards enacted/codified by the EPA specifically for the protection of the health and welfare, the quality of life of the American Citizen. This criminally conspiratorial conduct of the motorcycle aftermarket manufacturers has not manifest in secret, but these companies have thumbed their lawless, rebellious, nose at the law for many years and they’ve openly and unashamedly advertised their illegal products via the public media for decades. Director McCarthy, why has the US EPA failed to regulate the criminal conspiracy existing among the,

  • Manufacturers of illegal aftermarket motorcycle exhausts?
  • The Distributors of illegal aftermarket exhausts?
  • The Retailers of illegal aftermarket exhausts?
  • The Installers of illegal aftermarket exhausts?
  • The Operators of motorcycles equipped with illegal aftermarket exhausts?

I am aware of the aftermarket exhaust manufacturers deceptive marketing tactic of covertly/discreetly labeling their products as “CLOSED COURSE” in an attempt to defer culpability while these shady companies know full well that their non-compliant, illegally LOUD and PARTICULATE-POLLUTING product is destined for installation on a street-use motorcycle. These aftermarket motorcycle exhaust companies, expressing absolutely no fear of regulatory intervention, make no attempt to conceal that fact as they blatantly and openly advertise their illegal products affixed to street motorcycles in the public media while selfishly expressing no concern for the health and welfare or the quality of life of the American Citizen.

vance-and-hines-two-in-two

Motorcycle Dealerships

The motorcycle dealerships in the United States, some possessing absolutely NO FEAR of regulatory intervention, defiantly remove the US EPA factory-installed muffler from some of their “new inventory” and install illegally LOUD aftermarket exhausts as a packaged retail marketing strategy.

See: https://www.youtube.com/watch?v=HsN6rBbWiQI and my personal article: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

Many motorcycle dealerships advertise and retail their used inventory outfitted with illegal aftermarket exhausts and lie to or ignorantly misinform their customers that the exhausts are “49-State legal” See:

“Evidence of Arkansas Vehicular Noise Conspiracy” at: https://www.youtube.com/watch?v=XZ–8v2S784

 EPA Muffler Labels and the Motorcycle Manufacturer

Some motorcycle manufacturers, Harley Davidson in particular, are no longer placing the US EPA Muffler Label in a “readily visible location” as mandated in the Code of Federal Regulations. In order to examine the EPA muffler label, one is required to get down on their hands and knees to see the embossed label at the four to five O’clock position low.  The aftermarket motorcycle exhaust companies and a number of motorcycle manufacturers are making a laughing-stock of the Code of Federal Regulations thereby expressing absolutely no concern for regulatory intervention.  See my article on this subject at: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

The EPA/Harley Davidson and the Truth regarding those “Super Tuners”

Personally, I am very grateful and applaud the US EPA for their recent enforcement of the Clean Air Act and regulatory lawsuits aimed at Volkswagen/Audi and Harley Davidson, but where is the EPA’s enforcement of the physiologically intrusive entity that is destroying our daily quality of life and negatively affecting our health and welfare i.e. unregulated, incredibly LOUD, physiologically dangerous, illegal motorcycle NOISE as regulated by the Noise Control Act and the Code of Federal Regulations?

The EPA sued Harley Davidson under the “Clean Air Act” for the company’s marketing/retail of super tuner devices that defeat/alter the emissions systems on their motorcycles.  Fact is, these “super tuner” devices would not be necessary if the motorcycle’s owner had not tampered with or removed the factory-installed, EPA compliant muffler and replaced same with an illegal aftermarket exhaust that, in far too many instances, requires the removal of the catalytic converter and/or the O2 sensors, yet not one word was mentioned in the articles I viewed about the actual culprit that inspired the lawsuit i.e. the installation of an illegal aftermarket exhaust mechanism affecting the fuel-control system of the motorcycle thus requiring a “super-tuner” for remapping the fuel injection system.

super tuner

Truth is, that aftermarket muffler was purchased for the sole purpose of making illegal NOISE for hedonistic motives – let’s face the facts…no one purchases an antiquated Harley Davidson product for its “performance” capabilities. These “Screaming Eagle” super-tuners are only necessary because the owner of the iconic Harley product sought to defeat the acoustical dampening characteristics of the quiet US EPA approved factory-installed muffler; therefore, it is the “Noise Control Act” and the Code of Federal Regulations’ “noise” emissions restriction that actually undergirded the regulatory civil action. Why was this fact not publicized?

A Heartfelt Plea for Intercession

Director McCarthy, I’m tired and I’m pleading for your assistance…

  • The police negligently refuse to intercede on behalf of the motorcycle noise beleaguered citizenry. A freedom of information request I conducted revealed that in a six-month span of time, the three Arkansas Municipalities hosting major motorcycle rallies issued ZERO citations for muffler infractions, though many thousands of motorcycle, auto, truck, muffler infractions were traversing the roadways of Arkansas on a daily and nightly basis. My current State of residence, Arkansas, has enacted a very articulate motor vehicle muffler law to-wit Arkansas § 27-37-601 requiring the “factory-installed muffler” and part (B) of that statute forbids the sale/retail of an exhaust mechanism that does not conform to the specifications of the factory-installed muffler.  Director McCarthy, my enforcement survey over a six-month period of time involving the Arkansas State Police and the Arkansas Highway Police plus four Arkansas Municipalities confirmed that not a single, NOT ONE, investigation was initiated by these enforcement entities relevant to motorcycle, automobile and truck muffler retail facilities selling and installing illegal aftermarket exhausts in direct violation of Arkansas’ State Law and Federal Law…see my personal video on this subject at: https://www.youtube.com/watch?v=XZ–8v2S784 The Internet provides evidence of this law enforcement nonfeasance/non-enforcement on a Nation-wide scale. Law enforcement simply refuses to intercede on behalf of the motorcycle noise beleaguered citizenry and stare decisis, via our Federal Courts, shelters them from liability resulting from non-enforcement/non-protection via police protection exemptions – except under very specific scenarios that nullify the police protection exemption.  To whom does the motorcycle noise beleaguered citizen turn for intercession seeing that our police are too participatory, apathetic and unconcerned to enforce the vehicular noise laws enacted specifically for our protection?
  • Our mayors and police chiefs prostitute themselves with the Loud Biker Culture via “motorcycle rallies” where, at a minimum, 60% to 80% of the motorcycles involved in these rallies are illegally equipped, egregiously LOUD and intrusively emitting multiples of the legal 80 dB(A) total motorcycle noise emissions as mandated in the Code of Federal Regulations for 1986-year model motorcycles forward. This, while these city officials, acting under the color of law, refuse to enforce the well-established muffler laws enacted for our protection and in turn, provide “police protection” for the law breakers of the Loud Motorcycle Culture purely in the interest of profit and political expediency.  Please view a sample video of the 2016 Steel Horse Motorcycle Rally in Ft. Smith, Arkansas.  Count the “legally” equipped motorcycles with their US EPA factory-installed mufflers installed:   https://www.facebook.com/sholtsclaw1/videos/10208933923212601/  Director McCarthy, if our police won’t protect us, if our local leadership abuses the protective intent of the United States Constitution and denies the citizenry the protective intent of the well-established muffler laws, where do we turn for help?  Where does a Dad turn for protection and intercession on behalf of his family that is audibly assaulted, bullied and abused by the Loud Motorcycle Culture?
  • The aftermarket motorcycle industry makes a laughing-stock of the Code of Federal Regulations, but the US EPA turns a blind eye and deaf ear to their criminally conspiratorial marketing strategies while the motorcycle noise beleaguered citizens suffer. Yes, air quality is very important, but where is the much needed attention relevant to the egregious, illegal and intrusive vehicular NOISE that “daily” destroys our quality of life and endangers our health and welfare?

A National Uniformity of Treatment –  (One Motorcycle Muffler Law)

Director McCarthy, please intercede on behalf of the motorcycle NOISE beleaguered citizenry.  Please petition Congress to stop the vehicular noise madness and to please stop compromising themselves with the Motorcycle Rights Organizations headquartered in Washington D.C..

Please petition Congress to institute a “national uniformity of treatment” relevant to a “National Motorcycle Noise Enforcement Standard” – please stop the disparity and inherent confusion in vehicular noise laws from one State to another, from one municipality to another.  This statutory inconsistency inevitably results in confusion that undermines effective enforcement protocol…the non-enforcement and non-control by law enforcement while the hedonistic purveyors of illegal motor vehicle noise run slipshod over the muffler laws enacted specifically for the protection of our health and welfare and our quality of life.

Please establish ONE National Law for motorcycle noise enforcement e.g. the US EPA approved factory-installed muffler or an aftermarket muffler conforming to the acoustical dampening characteristics of the factory-installed muffler, both of which must be properly “labeled in a readily visible location.” Please enact the “US EPA muffler label” as the National Enforcement Standard – our States and local law enforcement entities have completely failed us!

For additional information relevant to motorcycle noise enforcement protocol, please see my enforcement article, “Motorcycle Noise Enforcement – 101”: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

Also see my article: “The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

To observe the attitude and personality-type involved in the Loud Biker Culture, please view their comments in response to adversity toward their perceived “right” and “entitlement” to ride illegally loud: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Conclusion

Vehicular NOISE pollution is out of control in the United States and the individual States and local authorities are unwilling to intervene and stop the vehicular NOISE madness. Director McCarthy, please…

  1. Regulate the unethical, conspiratorial, illegal marketing tactics of the aftermarket motorcycle industry.
  2. Please petition Congress to institute a National Uniformity of Treatment – Motorcycle Enforcement Protocol consisting of the US EPA muffler label as the “National Motorcycle Noise Standard” for all street-use motorcycles and to enhance the penalty phases for subsequent violations of the Federal Muffler Law.  I have personally witnessed the ability of the Federal Government to motivate local and State law enforcement into action relevant to specific enforcement needs via withholding Federal Grants and funds for infrastructure maintenance and new construction as well as providing funding for police overtime initiatives for specific enforcement concerns.  It can be done and you, Director McCarthy, are in a position of authority to ensure that the American Citizen is protected from the audible abuse of the Loud Motorcycle Culture.

Director McCarthy, if you opt to obfuscate and blame a lack of funding or a lack of personnel thereby refusing to intercede on our behalf, remember that our children, our posterity, will NEVER understand the concept of “domestic tranquility” as it relates to community.  We plead for your assistance and intercession!

little girl at the 2016 steel horse rally
Child at the 2016 Steel Horse Motorcycle Rally in Ft. Smith, AR – advertised as a “family friendly” event.  This child is attempting to protect her hearing from the overwhelming number of illegally equipped, illegally LOUD motorcycles present at the Rally – where are her civil liberties and civil rights?

child holding ears loud motorcycle croppedlittle girl holding ears at biker parade

“The worst evil of disregard for some law is that it destroys respect for all law” Herbert Hoover, United States President

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired

Concerned Citizens Against Loud Motorcycles – Facebook

 Addendum

Following, is a partial list of aftermarket motorcycle exhaust manufacturers flooding the motorcycle market and our streets with illegal, egregiously LOUD and DIRTY non-compliant motorcycle exhausts…why is this permitted to continue? Where is commonsense and common decency?  Where is the care and concern for the vehicular NOISE beleaguered American Citizen? List was last edited in April/2009.

List acquired from: http://pnwriders.com/threads/exhaust-company-list.50742/

Akrapovic – http://www.akrapovic-exhaust.com

ANR – http://www.anrperformance.co.uk/

Arata – http://www.arata-ex.com/

AreaP – http://www.areapnolimits.com/home.html

Arrow – http://www.arrow.it

ART – http://www.artexhausts.com

Axcial – http://www.axcial-sport.com/moto/moto.html

Barabbas – http://mysite.freeserve.com/barabbas

Beet – http://www.beet.co.jp/index2.html

Black Hole Exhaust for BMW – http://rbracing-rsr.com/bmwexhausts.html

Black Widow – http://www.bwracing.com

Blue Flame – http://blueflameperformance.com

BOS – http://www.bos-exhausts.com

Boxer BMW Performance – http://www.boxer-performance.com/products.htm

Boz Bros – http://www.bozbros.com/exhausts.cfm

BSM – http://www.bsm-exhausts.com

Carbon Can Co – http://www.carboncan.co.uk

Cobra/Eagle Exhaust – http://www.speedpro.de/auspuffset.htm

D&D – http://www.danddexhaust.com

DAM – http://www.damexhaust.com/

Delkevic – http://www.delkevic.co.uk/

Devil – http://www.devilbikes.com

DPM – http://www.dpmsilenziatori.it

Dynomite- http://dynomite.co.uk/Dynosite/HTMLfiles/home_fin.html

E PRO – http://www.eijyupro.co.jp/toppage.htm

Erion Racing – http://www.erionracing.com

Cobra F1 Exhausts – http://www.cobrausa.com/

FC Racing – http://fc-racing.com/

FRC – http://monsite.wanadoo.fr/frc.echappements/

FMF Racing – http://www.fmfracing.com/

Foran (AU) – http://www.dropbears.com/f/foran/index.htm

Formula 1 – http://www.formula1mc.com.au/

G & G – http://www.gegbike.com/

G-Force – http://www.gforceexhausts.co.uk

Gianelli – http://www.giannelli.com/

Graves- http://www.gravesport.com/index.html

G.P.R. – http://www.gpr.it

Hard Rock Pipes – http://www.hardrockmotorsports.com/HR1_web/HR1_web_home.html

Harpoon – http://www.harpoon.es/

Harris – http://www.harris-performance.co.uk

High-Tes Exhaust (Spain) – http://www.jacmotors.com/

Hindle – http://www.hindle.com

Dale Walker’s Holeshot – http://www.holeshot.com/

HMF – http://www.hmfengineering.com/

Indigo Sports – http://www.indigosports.com/

Invader – http://www.trikbitzracing.iofm.net/invader.htm

Ixil – http://www.ixil.com/

Jack Lilley – http://www.jacklilley.com

Jardine – http://www.jardineproducts.com/home.asp

Jolly Moto exhaust (IT) – http://www.jollymoto.it

K-Factory – http://www.k-factory.com

Krieger – http://www.krieger-competition.com/

Laser/Jama – http://www.laser-jama.nl/

Leo Vinci – http://www.leovince.com

M4 – http://www.m4exhaust.com

Marving – http://www.marving.com/

Maxx – http://www.morini.com.au/maxx/index.html

Mecatwin – http://www.mecatwin.com/

MHP – http://www.jacklilley.com

Micron – http://www.micronexhaust.com

Mig – http://www.mig.fr

Mihara Specialty – http://www.mihara.co.jp/

MIVV – http://www.mivv.it/

Moriwaki – http://www.moriwaki.co.jp

Motad – http://www.motad.co.uk/

Muzzy – http://www.muzzys.com

Nikko – http://www.nikko-racing.com/

Nikon – http://www.nikonexhausts.co.uk/

Ninja – http://www.ninja.tm.fr

Nojima Japan – http://www.nojima-japan.co.jp/

NWS – http://www.n-w-s.com/#

Oshiro – http://www.oshiroridingtools.com/

Over Racing – http://www.over.co.jp/over_racing/index.html

Powermax – http://www.powermaxexhaust.com

Power Plant Fabrications – Super Maxx Race Exhausts – http://www.tyler6.freeserve.co.uk/

Predator – http://www.predatormotorsport.co.uk/

Promotive – http://www.promotive-exhausts.co.uk/

Quill – http://www.jbracing.co.uk/index.htm

Raven Racing – http://www.ravenracing.co.uk/

RC Koshien – http://www.rckoshien.co.jp/

Redline Exhaust (AU) – http://redline.vcsweb.com/index.html

Another company called Redline (UK) – http://www.redlinewunoff.co.uk/

Remus – http://www.remus.au

Renegade – http://www.renegade-exhausts.com

RS Product – http://www.rsproduct.com/nouveaute.php

Sato Racing – http://www.satoracing.com

Scorpion – http://www.scorpion-exhausts.com

Sebring Technology – http://www.sebring.de/

Side Kick – http://www.sidekickperformance.co.uk

Silmotor – http://www.silmotor.com

Spec A (Yamamoto Racing) – http://www.yamamoto-eng.co.jp/

SP Tadao Racing Parts – http://www.sptadao.co.jp/

Staintune – http://www.staintune.com.au/index.html

Sudco – http://www.sudco.com/

Sugaya – http://www.srs-sugaya.com/

Supertrapp/Kerker – http://www.supertrapp.com/

Superpole – http://www.superpole.nl/

Swona – http://www.swona.com/

Taylormade –

Thunder – http://www.thundercompetition.com/

Ti-Force- http://www.tiforce.com/top_page.html

Tigcraft – http://www.tigcraftusa.com/

Termignoni – http://www.termignoni.it/

TSR – http://www.tsrjp.com/

Tsukigi Racing – http://www.tsukigi.co.jp/

Tubi/HPE – http://www.tubistyle.it/home.htm

Two Brothers Racing – http://www.twobrothers.com

Vance & Hines – http://www.vanceandhines.com

Venom – http://www.venomexhausts.com/

Wolf – http://www.wolfracing.co.uk

Wiley Co – http://www.wileyco-racing.com

WRP – http://www.windtrading.it/

Wunoff – http://www.wunoff.co.uk

Yoshimura – http://www.yoshimura-rd.com

Zorstec – http://www.zorstec.net/

Ztechnik exhaust for BMW – http://www.ztechnik.com/

 

 

 

 

 

 

 

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Motorcycle NOISE Enforcement – 101

"RickeyD" Holtsclaw

Introduction

This article explains the technique involved in successfully enforcing and adjudicating muffler laws containing the statutory elements “excessive or unusual noise” and/or “factory-installed” “original equipment.”  I debunk the “law’s too subjective” argument and provide a commonsense, workable approach to motorcycle noise enforcement that is practically cost-less to law enforcement yet easily implemented and enforceable by every beat-patrol officer.  This article is in its “rough” draft stage and will be edited and polished over time…

Thank you,

Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles FB


Unregulated, illegal motor vehicle noise has become the number-one destroyer of good daily quality-of-life standards for many millions of American Citizens, especially those living within our congested urban areas. The medical community, the United Stated Congress and the United States Environmental Protection Agency (EPA) has confirmed unregulated environmental noise as having a devastating effect on our health and welfare with roadway noise/motor…

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LoneWolfs GPIIs shorty pipes

Motorcycle NOISE Enforcement – 101

Introduction

This article explains the technique involved in successfully enforcing and adjudicating muffler laws containing the statutory elements “excessive or unusual noise” and/or “factory-installed” “original equipment.”  I debunk the “law’s too subjective” argument and provide a commonsense, workable approach to motorcycle noise enforcement that is practically cost-less to law enforcement yet easily implemented and enforceable by every beat-patrol officer.

Thank you,

Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles FB


Unregulated, illegal motor vehicle noise has become the number-one destroyer of good daily quality-of-life standards for many millions of American Citizens, especially those living within our congested urban areas. The medical community, the United Stated Congress and the United States Environmental Protection Agency (EPA) has confirmed unregulated environmental noise as having a devastating effect on our health and welfare with roadway noise/motor vehicle noise as one of the most significant culprits attacking our physiological well being.  Unregulated motorcycle NOISE, the subject of this article, is undeniably an inescapable loathsome intrusion responsible for much of the illegal, unwelcome NOISE that invades our daily lives; it is the illegally equipped, illegally LOUD motorcycle operating almost completely unencumbered within our communities and on our public roadways that destroys our daily quality-of-life while emitting four-to-eight times (logarithmic scale) the legal 80 dB(A) “total” motorcycle noise emissions restriction as per the United States Environmental Protection Agency’s “Code of Federal Regulations.”  That 80 dB(A) “total” motorcycle noise restriction is the “minimum” level of noise emissions exposure protection for the general public. Why is this societal NOISE plague permitted to continue?

lady holding earstoo loud too bad

During my thirty-one year career with the Houston Police Department, approximately ten of those years were dedicated to patrolling the freeways of Houston as a motorcycle officer or involved an assignment in patrol where traffic enforcement was a large part of my daily activity.  Over those three-decades of police service dedicated to the Citizens of Houston, Texas, I watched as destructive vehicular NOISE incrementally increased while enforcement of the insidious NOISE intrusions were and are ignored by law enforcement.  Adding insult to injury, I watched as law enforcement officers shamefully became some of the most prolific violators of the motor vehicle noise laws.

The irony and hypocrisy of law enforcement’s involvement in this intrusive, abusive and illegal behavior that destroys the daily quality-of-life and recklessly endangers the health and welfare of the very citizenry they took an oath to protect and serve by operating an illegally LOUD, illegally equipped motor vehicle on our public roadways.  What other criminal law could a police officer openly violate and not suffer suspension or termination for unethical, illegal conduct? Shame on every law enforcement supervisor who participates in this abusive conduct and permits the sworn personnel under their authority to violate their oath to protect and serve, to keep themselves unsullied by the World and to obey the law!

public guardians

This article, titled “Motorcycle Noise Enforcement – 101,” is a grass roots no nonsense workable enforcement solution to the ever-increasing problem of illegal motorcycle noise on our public roadways.  Yes, illegally equipped – modified automobiles and trucks are also a huge problem in our society and though I cited and incarcerated these offenders as well, it has been my personal experience that the most egregious, defiant, in-your-face, rebellious, deceitful, vulgar, violators of the vehicular noise laws is a subculture of the motorcycling community I commonly refer to as the Loud Biker Cult[ure].

Know this, some 60% to 80% of the motorcycles operating on our public roadways have had their quiet, US EPA approved factory-installed muffler removed and replaced with a NOT FOR ROAD USE aftermarket exhaust emitting four-to-eight times (logarithmic scale) the legal “total” motorcycle noise emissions of 80 dB(A) as restricted by the EPA’s Code of Federal Regulations.  These illegal, noisy, dangerous, motorcycle modifications are motivated by arrogance, disrespect, selfishness, rebelliousness and hedonism.  Make no mistake about that and do not fall victim to the Loud Biker LIE that their Loud Pipes Save Lives…this mantra is nothing more than a very poor excuse for making illegal motorcycle noise in a vain attempt to garner attention and coerce a pathetic form of “respect” and intimidation from the NOISE beleaguered citizenry.

Why Noisy Motorcycles?

42 U.S. Code § 4901 – Congressional findings and statement of policy

(a) The Congress finds—

(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;

(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

In 1981, the Office of Noise Abatement and Control (ONAC) was de-funded at which time the United States Environmental Protection Agency stepped-back from an active role in environmental noise issues and delegated complete responsibility for noise control to the States and Local Governments. Director McCarthy, our State and Local Law Enforcement entities have miserably failed the vehicular NOISE beleaguered citizenry for over five-decades.  A change to the failed status quo is long over do; therefore, I plead for the EPA’s intercession.

The US EPA declares,

In the past, EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. EPA phased out the office’s funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were never rescinded by Congress and remain in effect today, although essentially unfunded.  https://www.epa.gov/aboutepa/epa-history-noise-and-noise-control-act

The EPA continues…

What is Noise Pollution?

The traditional definition of noise is “unwanted or disturbing sound”.  Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one’s quality of life.  The fact that you can’t see, taste or smell it may help explain why it has not received as much attention as other types of pollution, such as air pollution, or water pollution.  The air around us is constantly filled with sounds, yet most of us would probably not say we are surrounded by noise.  Though for some, the persistent and escalating sources of sound can often be considered an annoyance.  This “annoyance” can have major consequences, primarily to one’s overall health.  

 Health Effects of NOISE Pollution as per the US EPA…

Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects.

Sources of Noise Pollution as per the US EPA…

EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices. 

A Brief Review of the Legislative Aspects of Noise Pollution by Dr. Brind Kumar*, Sharad V. Oberoi@, Akash Goenka

Excerpt:

With the advancement of science and technology at an unprecedented pace, the urban centers of today’s world have evolved not just in size but also in terms of the living conditions provided by them. This has brought about an increasing new awareness about the noise pollution, which has become a part of our day-to-day lives. Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. Apparently, this is a potential hazard to the provisions of sound living conditions and needs to be checked at planning, administrative and judicial level.

I have personally owned, operated and maintained some thirty-one motorcycles since age twelve.  I have accumulated many hundreds-of-thousands-of-miles on motorcycles over the years and I am very familiar with motorcycles, the lifestyle, what is required to survive on a motorcycle as well as the attitude, the mindset of motorcyclists and “bikers;” therefore, I will concentrate on motorcycle noise enforcement as the subject matter relevant to this enforcement overview.

Permit me to articulate a significant distinction between the Loud Biker Cult[ure] and Motorcyclists.  Let me clarify and erase any confusion at the outset – there are many respectful and professional motorcyclists operating on our roadways; therefore, understand that the negative connotations expressed within this article are NOT APPLICABLE to these kind and courteous men and women of the motorcycling community.  This article places emphasis on a subculture of hedonistic-arrogance wholly applicable to the LOUD Biker Cult[ure] i.e. those men and women who have opted to modify or remove the street legal US EPA approved, quiet factory-installed muffler originally affixed to the motorcycle by the manufacturer and in its place, install a NOT FOR ROAD USE – Competition – Closed Course aftermarket exhaust emitting decibel levels in multiples of the safe motorcycle noise emissions as restricted/suppressed by the legal factory-installed muffler.  Questions?  See: The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

During my enforcement years in Houston, I discovered and implemented a workable solution to the rampant vehicular noise problem in that Municipality that permitted me to maintain a 99.8% conviction-rate for vehicular noise cases brought before me for adjudication.  That workable vehicular noise enforcement solution, as discussed in this article, is especially applicable to motorcycle noise enforcement protocol using the statutory elements “excessive or unusual noise” and/or “factory-installed muffler/original equipment” as codified within forty-six of the States muffler laws.

on patrol in my shipa young motor officer

Muffler Laws and the States

I have compiled an alphabetical list of the States and their applicable muffler laws at https://rickeyholtsclaw.wordpress.com/2016/09/12/state-muffler-laws/ – please advise me if your particular State has modified or repealed their muffler law relevant to the one I’ve provided in the WordPress article.  As noted in the “State Muffler Laws” compilation, forty-six States have codified a version of the universal citation containing the statutory elements “excessive or unusual noise” and/or require the “original equipment” “factory-installed muffler” to be used in enforcement protocol and subsequent adjudication of vehicular noise violations.

The Significance of the Statutory Elements

Only three States have unnecessarily encumbered themselves with redundant sound-meter legislation thereby making their vehicular noise enforcement protocol, for all intent and purpose, impotent and unenforceable.  One State, Vermont, apparently lacks any codified motor vehicle muffler statute.  We will disregard these four States as having absolutely no concern for the health and welfare or the quality-of-life of their Citizenry and thus we will focus on the remaining forty-six States who have codified muffler statutes with enforceable statutory elements.

State Law v. Municipal Ordinance

For many years I questioned why so many municipalities have enacted vehicular noise ordinances when their State has codified a sufficiently enforceable vehicular muffler statute?  I was advised that “money” and the “municipal coffer” are at the heart of this question.  Apparently, the fines/potential revenue received from citations written by municipal officers using the “State Code” as the basis for the alleged violation, a larger portion of the monies generated by that enforcement initiative is forwarded to the State coffer.  On the other hand, if a municipal officer issues a citation using the municipal code/ordinance, the majority of the revenue generated by that enforcement initiative is placed in the city coffer.  This is purely hearsay, but the explanation appears to be credible and provides the ONLY viable answer to our question relevant to codification redundancy and confusion.

Our State Muffler Laws – No Sound-Meter?

After countless experiences involving court testimony in the presence of judges and juries, I can confirm the problems associated with introducing any “instrument” into the adjudicatory process.  When an “instrument” such as a radar, laser, speedometer, sound-meter, is introduced as evidence, the proverbial door of confusion, obfuscation, doubt and defense attorney shenanigans is flung open.  Instrumentation in adjudication requires regular calibration, record keeping, specific user certification, expert testimony; for sound-meter testimony in particular, the State incurs the adjudicatory challenges of ambient noise problems, specific testing procedures, user certification and re-certification, testing site parameters, logarithmic calculations, instrument calibration and record keeping.

In criminal law, as opposed to civil law, the States “burden of proof” is vastly different.  In reference to the civil law, one might be familiar with Lady Justice and her scales…civil law simply requires a “preponderance of the evidence” or a simple “tipping of the scales” a fifty-one percent to successfully prove or disapprove the subject of contention in a civil action.  Criminal law, the classification under which most traffic citations are categorized, burdens the State with proving their case “beyond a reasonable doubt.”  Truth be told, no one can actually provide an understandable definition for that legal requirement, yet our juries are encumbered with making their decisions relevant to guilt or innocence based on the “beyond a reasonable doubt” standard.

I’ve mentioned this differentiation between civil and criminal law for a specific reason relevant to sound-meter legislation.  Whenever possible, the State is wise to avoid introducing any form of instrumentation into the adjudicatory process unless absolutely necessary.  Considering all of the peripheral requirements of the sound-meter, a defense attorney finds very fertile ground upon which to cultivate “reasonable doubt” and confusion in the minds of judges and jurors; hence, “reasonable doubt = dismissal.”

Why encumber yourself with “redundant” sound-meter legislation that will inevitably result in an unacceptable number of adjudicatory failures, unnecessarily discourage noise enforcement protocol as a result of budgetary burdens for sufficient purchases of Type I sound-meters, training, calibration requirements, record keeping, expert testimony, approved testing sites, complicated testing procedures, specific manpower allotments of qualified personnel?  Note that I mentioned the implementation of sound-meter legislation as being “redundant,” – I will elaborate on that momentarily.

A Push for Sound-Meter Legislation/Implementation

Due to the out of control motorcycle noise debacle on our public roadways and the obvious absence of vehicular noise enforcement by our unconcerned/participatory law enforcement community, there has been a push to integrate a National Noise standard for motorcycle noise enforcement protocol involving the Society of Automotive Engineers’ Stationary Motorcycle Testing Procedure “SAE J2825.”  See: “Noisy Motorcycles – An Environmental Quality of Life Issue” http://inceusa.org/Reports/MotorcyleReport.pdf  The focus and reasoning undergirding this study is the assumption that law enforcement’s failure to intercede on behalf of the motorcycle NOISE beleaguered citizenry is the resultant of an absence of a clearly defined and articulate enforcement protocol. After thirty-one years as a patrol officer in the fourth-largest Municipality in the Nation, I fervently/passionately disagree with this analysis of law enforcement nonfeasance/non-enforcement.

The reason for law enforcement nonfeasance/non-enforcement relevant to vehicular noise enforcement in this Nation is not the result of an absence of enforceable statutes, but non-enforcement is the resultant of…

  1. Law enforcement apathy.
  2. Ignorance of the law and noise enforcement procedures.
  3. Law enforcement’s unethical participation in the illegal conduct of operating an illegally equipped, illegally LOUD motor vehicle on our public roadways.
  4. Laziness.
  5. Politically Correct – Morally Relativistic agendas of municipal administrations who are burdened with liability concerns/civil suit concerns; therefore, these municipalities, via policies and overzealous internal affairs divisions, have quietly and covertly instituted a policy of hear no evil, speak no evil, see no evil, do no evil i.e. law enforcement is to do absolutely nothing proactive, do nothing more than provide basic police services, keep your mouth shut, don’t engage…go home.
  6. Our municipal officials and some state officials unlawfully infuse a pathetic sense of legitimacy into the lawless behavior of the Loud Biker Cult[ure] by knowingly and willingly trading the civil liberties and the Constitutional Protections of the American Citizen for the disposable income of the Loud Biker Cult[ure] via organized thug-fests commonly referred to as Motorcycle Rallies.  Our leadership refuses to enforce the applicable muffler laws and subsequently invites many thousands of violations of that muffler law into their respective jurisdictions then refuses to provide any form of police protection, police control over the rampant violations thereby denying the citizenry the protective intent of the well-established law while actually providing “protected class” police protection privileges for the law-breakers.  This conspiratorial and unconstitutional behavior of our Mayors and Police Chiefs continues year in and year out, yet they’ve not been held accountable for their stark violations of the Fourteenth Amendment and 42 U.S.C. § 1983.

Though the SAE J2825 sound-meter initiative appears workable in theory, truth is, most departments will not allot sufficient funds to purchase the quantity of Type I sound-meters necessary for adjudicatory challenges, nor will most municipal departments allot the manpower to be trained and dedicated solely for motor vehicle noise enforcement. What is needed is a motorcycle noise enforcement strategy that can be implemented by the beat officer without the redundancy of sound-meter legislation.  I have provided such an enforcement strategy, a workable motorcycle noise enforcement strategy, within the narrative of this article.  Oh, and yes, the Motorcycle Rights Organizations and their defiant LOUD members, the Loud Biker Cult[ure], salivate over the thought of requiring sound meter-legislation for motorcycle noise enforcement.  Why? They too know and understand the burdens of sound-meter enforcement and they are also aware that should law enforcement be encumbered with sound-meter enforcement protocol, absolutely NOTHING will be done to STOP their audible assault upon the Citizens of this Nation.

The Federal Law – Our Foundation for Enforcement

For those who have read my articles and for those of you who have reached this point in our topic at hand it’s rather obvious that brevity is NOT my forte; therefore, I will subsequently refer you to URL’s and sites that elaborate on the legal criteria to be discussed.

In 1981, the Office of Noise Abatement and Control (ONAC) was de-funded at which time the United States Environmental Protection Agency stepped-back from environmental NOISE concerns and the concerns articulated within the Noise Control Act of 1972 though the EPA has maintained an interest in the Clean Air Act and currently pursues violators of said Act, see: http://www.businessinsider.com/us-government-sues-harley-davidson-over-emission-control-defeat-device-2016-8  and  https://www.epa.gov/newsreleases/volkswagen-spend-147-billion-settle-allegations-cheating-emissions-tests-and-deceiving   I have contacted legal representation for the EPA regarding vehicular noise and was subsequently transferred to “Air Quality” for assistance.

Understand This…

It is very important that the vehicular noise beleaguered citizen understand this before we continue – the Federal Government regulates motor vehicle noise on production motorcycles for one very significant reason – a concern for the protection of the health and welfare of you and your family, the American Citizen. The responsibility for ensuring those production motorcycles remain in compliance with Federal noise standards was delegated to our Local and State Law Enforcement Community in 1981 and people, they have and they are failing the American citizen miserably. And we, the vehicular NOISE beleaguered American Citizen, cannot coerce our law enforcement to intercede and protect us – law enforcement cannot be coerced into enforcing the law!

With that said, for those responsible for protecting us from the Loud Motorcycle Cult[ure], should you garner the interest or concern, we do have the benefits of the US EPA’s Code of Federal Regulations that is just as valid today as the day it was enacted. It is the Code of Federal Regulations that provides us with the foundation permitting law enforcement to successfully and efficiently enforce motor vehicle muffler laws containing the statute elements “excessive or unusual noise” and/or “factory-installed muffler.”

The Code of Federal Regulations and Motorcycle Noise

The relevant sections of the Code of Federal Regulations (CFR) for our discussion can be viewed in their entirety at http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr205_main_02.tpl ; therefore, permit me to briefly discuss the following CFR sections for clarification purposes.

Concerned about motorcycle noise emissions and its negative impact on our health and welfare, the US EPA opted to reduce the “total” motorcycle noise emissions limitation from 83 dB(A) to 78 dB(A) back in 1986.  It has been brought to my attention that Suzuki had protested the noise emissions reduction stating that 78 dB(A) would be cost prohibitive; therefore, in 1986 the US EPA compromised and settled on 80 dB(A) “total” motorcycle noise emissions as the “minimum” level of motorcycle noise emissions-protection for the general public.

See: http://www.ecfr.gov/cgi-bin/text-idx?SID=7bdb7459f733d2f5cb794264d64230bb&mc=true&node=se40.27.205_1152&rgn=div8

Note that I refer to 80 dB(A) as being the “total” motorcycle noise emissions restriction as per the CFR.  What is the relevance of “total” motorcycle noise emissions?  Any motorcycle seeking EPA certification for roadway use must pass the strict, scientifically controlled testing parameters as per the CFR.  A sample or samples of the make and model of motorcycle seeking public roadway use certification is tested in a scientifically controlled environment.  The test motorcycle is accelerated to maximum brake horsepower (SAE J331 full throttle pass-by test) between two designated points and said motorcycle is evaluated for sound emissions at 49.2 feet on each side of the test motorcycle.  Every moving part on that test motorcycle is evaluated in their totality and the sum total cannot exceed 80 dB(A).  Stop for a moment and consider how quiet the factory-installed muffler must be in order to dampen engine noise to a level that does not contribute to “total” motorcycle noise emissions over 80 dB(A).

Once the test motorcycle passes the required drive-by testing procedure, the muffler to be installed on that compliant motorcycle must be permanently labeled in a readily visible location and contain specific text, see: http://www.ecfr.gov/cgi-bin/text-idx?SID=7bdb7459f733d2f5cb794264d64230bb&mc=true&node=se40.27.205_1158&rgn=div8

EPA muffler label
US EPA muffler label required on every roadway use motorcycle in the United States
honda epa label on frame
Frame Label to be affixed to the frame of the compliant motorcycle

The US EPA, via the Code of Federal Regulations, has enacted “Tampering” restrictions that stipulate it is a violation of Federal Law to tamper with or remove the approved factory-installed muffler – if replacement is necessary, the replacement muffler must meet the acoustical dampening characteristics of the original factory-installed muffler.  Also, be aware of the obfuscation and lies of the Motorcycle Rights Organizations who will tell you that the Factory-installed muffler’s acoustical dampening characteristics are only valid for one-year or 3730 miles.  This is a lie and ploy of the MRO’s – the Acoustical Assurance Period (AAP), as noted in the CFR, is simply a manufacturer warranty to the customer, but the acoustical dampening qualities of the US EPA approved factory-installed muffler is intended to remain in compliance for the LIFE of the motorcycle.  Please view the following URL’s if you have any questions about the Acoustical Assurance Period (AAP)…

Please See: http://www.ecfr.gov/cgi-bin/text-idx?SID=7bdb7459f733d2f5cb794264d64230bb&mc=true&node=se40.27.205_1162_62&rgn=div8  and  http://inceusa.org/Reports/MotorcyleReport.pdf Pg.2 & Pg.17+

So then, in this section we’ve established that the US EPA’s Code of Federal Regulations restricts total motorcycle noise emissions for 1986 year model motorcycles forward to 80 dB(A).  We’ve also established that the US EPA approved  factory-installed muffler must be permanently labeled in a “readily visible location” and that it is a violation of Federal Law to tamper with the noise emissions systems on a compliant motorcycle – and – if the US EPA approved muffler must be replaced, the replacement muffler must conform to the acoustical dampening characteristics of the original factory-installed muffler.

The CFR – State Muffler Laws and Sound Comparison Analysis

I’m not sure how many times during my enforcement years I was questioned about sound-meters and the questionable subjectivity arising from a muffler law allegedly possessing no “objective” standard.  In fact, during my latter years with the Houston PD, I was called into the patrol office by my patrol supervisor and ordered to stop enforcing the vehicular noise ordinance due to subjectivity concerns.

I researched legal precedent regarding the concerns initiating the unlawful order especially considering the fact that this particular supervisor owned and operated an incredibly LOUD racing Corvette and drove the illegally LOUD vehicle to roll-call at 0545 hours in the morning.  My search for precedent met with fruition and I discovered the Texas Appellate Court case of Aaron C. Aguilar v. State of Texas (2008) see: http://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html 

In the Texas Appeals Case of Aguilar v. Texas, a Justice Catherine Stone, within her memorandum, clearly articulates the authority of a police officer to subjectively determine what is “excessive or unusual noise” emanating from a motor vehicle.  I submitted this precedent to the supervisor who had ordered me to stop citing noisy motor vehicles, but said supervisor was unrelenting and demanded that my noisy vehicle enforcement be stopped; therefore, I subsequently wrote a letter to Houston’s City Legal Department requesting their opinion relevant to the Constitutionality of the noisy vehicle law. After five long months of waiting, Houston’s Legal Department overturned the supervisors order affirming the Constitutionality of the law.

Fact is, Texas’ Muffler Law, 547.604 is NOT “subjective” even though said law, like most State muffler laws, uses the statutory elements of,

(a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise. (Emphasis mine)

Okay, this is where the “rubber meets the road” and confusion abounds regarding the applicability and enforce-ability of our muffler laws in this Nation, forty-six of which do not specify the use of a sound-meter as an “objective” standard.

First of all, please understand that if the State muffler law does not contain the statutory elements specifically outlining the parameters of sound-meter implementation, the instrument cannot be introduced as evidence during adjudication.  Second, any municipality that has usurped the simplicity of their State muffler law by means of enacting a sound-meter oriented ordinance has done a serious disservice to the vehicular NOISE beleaguered citizenry within their jurisdiction.

“Excessive or Unusual Noise” is an Objective Standard

Whenever a State muffler statute contains the elements of “excessive or unusual noise” or “factory-installed muffler” or “conforms to the original equipment,” you HAVE AN OBJECTIVE STANDARD IN THE LAW.  How can that be?

Remember when we discussed the “total” motorcycle noise emissions in the paragraphs above and the “total” motorcycle noise emissions for 1986 year model street motorcycles forward is 80 dB(A) – and – that 80 dB(A) is the “minimum” level of protection for the general public relevant to motorcycle noise emissions protection?  Okay then, let me ask you, what is “excessive or unusual noise” emanating from a motorcycles exhaust mechanism?  Yes, exactly…any sound over that which is emitted by the quiet, factory-installed muffler which has been approved, certified, labeled in accordance with the Code of Federal Regulations.

Noise Comparison Analysis (NCA)

You see, our “objective standard,” relevant to forty-six of the State enacted muffler laws containing “excessive or unusual noise” and/or the “factory-installed muffler,” is the OEM, US EPA approved muffler that was originally installed on the motorcycle by the manufacturer. I understand that this is NOT rocket science, but it’s amazing how many law enforcement officials naively consider their State’s muffler law to be unenforceable.  NONSENSE!  Why does a municipality or a State want to encumber itself with sound-meter legislation when the US EPA approved muffler has already been tested, evaluated in a scientifically controlled environment and the “minimum” level of noise emissions protection has already been established?  Why encumber law enforcement and the courts/prosecutorial protocol with unnecessary redundancy and the inevitable adjudicatory failures and problems inherent with sound-meter legislation?  I remember speaking with a member of the Massachusetts House of Representatives concerning a sound-meter motorcycle noise law he had introduced.  I begged and warned the Representative relevant to the self-defeating nature of introducing sound-meters into motorcycle noise enforcement legislation, his response? “How do you know if a motorcycle is too loud if you don’t use a sound-meter?”

Answer… 

Using “Noise Comparison Analysis,” here is the protocol for a traffic stop and subsequent citation relevant to a LOUD motorcycle…

  1. Patrol officer observes and hears a very loud motorcycle and initiates a stop based on the precedent provided by Aguilar v. Texas – a subjective analysis that the vehicle in question is in violation of the muffler statute.
  2. Subsequent to the stop and safety protocol, the officer examines the motorcycle for equipment violations and observes the muffler – is the EPA label present?  Some manufacturers, like Harley Davidson, have skirted the Federal Regulations and instead of placing the required muffler label in a “readily visible location,” they have embossed the muffler label at the four to five O’clock position low, almost under the muffler – citing “aesthetic”  concerns. This is a violation of the Code of Federal Regulations and must be reported to the US Environmental Protection Agency.
  3. Is the muffler properly labeled, but obviously NOISY?  Always check for signs of tampering with the muffler canister.  Some violators are rude and crude and will simply cut-out or chisel-out the baffling, others are more methodical and carefully cut open the muffler canister, remove part or all of the acoustical dampening material then carefully wire-weld the incision closed.  Some other NOISE mongers drill holes into the muffler canister in their pursuit of hedonistic NOISE pleasure. YouTube has videos that clearly demonstrate the various techniques of defeating the acoustical efficiency of the factory-installed muffler.
  4. If the motorcycle’s OEM factory-installed muffler is obviously louder than stock or if the OEM muffler has been removed and replaced with an illegally LOUD, NOT FOR ROAD USE aftermarket exhaust available on the open market, cite the violator for an infraction of the muffler law using Noise Comparison Analysis. Is is the responsibility of local and State law enforcement to ensure the NOISY violator is cited and incarcerated if conditions warrant. The offending vehicle, after subsequent violations of the muffler law, should be impounded until such time arrangements are made to return said vehicle’s exhaust mechanism to its OEM, factory-installed condition. Also, a number of States prohibit the sell/retail of aftermarket exhausts that do not conform to the specifications of the factory-installed muffler; therefore, check your State’s muffler law for this retail element – if the illegal exhaust mechanism was purchased in a State that prohibits such sales, ask the local or State Prosecutor’s office with jurisdiction to pursue charges on the offending retail establishment.  220px-DeterrenceTheoryModel1
  5. Important note for law enforcement: It has been my personal experience that the personality-type who, with intent and aforethought, modifies a motor vehicle to make excessive, illegal noise and uses same to audibly assault our children, our elderly, our handicapped, our families, often times you will discover that this is the same personality-type participating in other forms if illegal, antisocial behavior; therefore, it’s simply good police work to always perform a background check on vehicular noise violators – doubly so for the 1%ers plaguing and challenging common decency on our public roadways.  If a law enforcement officer will regularly enforce the muffler laws, said officer should see a dramatic increase in their warrant arrest statistics.  Again, motor vehicle noise enforcement is simply good police work.
  6. It is imperative that a law enforcement entity initiating the vehicular noise enforcement strategy of “Noise Comparison Analysis” ensure that their local prosecutors office and the local judiciary are aware of and are on-board with the Constitutionally valid enforcement procedure.
  7. Noise Comparison Analysis is practically “cost-less” to law enforcement, can be used by the patrol-beat officer and a minimum of training is necessary; training consisting basically of a familiarity with labeling requirements and an introduction to comparative analysis of an OEM factory installed muffler’s noise emissions compared to the egregiously LOUD NOISE emissions of an illegal aftermarket NOT FOR ROAD USE exhaust…the differentiation in noise output is stark and unmistakable.  If only the most egregious violators are cited initially, this enforcement protocol will secure tremendous benefits for the law enforcement/municipal entity financially as well as increase/enhance the quality-of-life standard for millions of citizens who are regularly audibly assaulted by the NOISE bullies of the Loud Biker Cult[ure].  If the citizenry are denied a good quality-of-life standard by neglecting to enforce valid muffler laws, what else in their daily life truly matters?

If the reader of this article has a quality speaker system attached to their computer, please listen to the exhaust comparisons available in my article, “The Truth about Loud Motorcycles the Police Won’t or Can’t Tell You” at: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

If I can be of any assistance, please don’t hesitate to contact me at rickholtsclaw@yahoo.com, rickeyholtsclaw@gmail.com or my FB Page, Concerned Citizens Against Loud Motorcycles

Note to the Loud Biker Cult[ure]: Please refrain from responding to this article with your obscenity and your vulgarity…to see the comments, attitude and mentality of the Loud Biker Cult[ure] as they defiantly endeavor to audibly assault our most innocent, please see: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Thank you for your time and interest – please, let’s stand united and let us intercede on behalf of our most innocent.  If we fail to control the Loud Biker Cult[ure] and their LOUD comrades in the modified auto and truck community, our children, our posterity will never understand the concept of “domestic tranquility” as it relates to community.  Please call and write your local and State law enforcement officials as well as your State and Federal Representatives – demand change, demand enforcement of the applicable muffler laws, our children, our posterity deserve better, let’s provide a better quality-of-life for them, please?

little girl at the 2016 steel horse rally
This child is attempting to protect her hearing from the Loud Biker Cult[ure] who are present, in overwhelming numbers, at the 2016 Steel Horse Motorcycle Rally in Ft. Smith, Arkansas.  The event is advertised as a “Family Friendly Event.”  Listen to the short video of the Rally as the Loud Biker Cult[ure] audibly assaults this child…where are her civil liberties – where are her civil rights?  Watch as the Fort Smith Police Department actually enables the lawless behavior of the Loud Biker Cult[ure]…is this violation of the 14th Amendment and 42 U.S. Code 1983 permissible?

VIDEO: https://www.facebook.com/sholtsclaw1/videos/10208933923212601/

Steel Horse Motorcycle Rally – 2016 – some 80% plus of the motorcycles in this video are illegally equipped/illegally LOUD while the Ft. Smith PD enables and protects the lawless behavior…why?  For money and political expediency!

child holding ears loud motorcycle croppedplease help

Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles – Facebook, YouTube and WordPress

for FB coverme at lubys

EPA muffler label

STATE MUFFLER LAWS

STATE MUFFLER LAWS

The number of States containing the elements “excessive or unusual noise” and/or require the factory-installed muffler: 46

The following States have demonstrated a complete lack of care and concern for the health and welfare, the quality of life of their residents by maintaining a useless and practically impossible to enforce muffler statue.

  • Michigan: Useless, confusing, senseless sound meter legislation.
  • Oregon: Useless, confusing, senseless sound meter legislation.
  • Pennsylvania: Useless, confusing, senseless sound meter legislation.
  • Vermont: Unable to locate definitive legislation relevant to motor vehicle muffler laws.

ALABAMA

Code Title 32. Motor Vehicles and Traffic. § 32-5-216

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, a muffler without baffles, or similar device upon a motor vehicle on a highway.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

ALASKA

13 AAC 04.215. Noise prevention; mufflers

(a) A motor vehicle must be equipped, maintained, and operated so as to prevent excessive or unusual noise and the escape of fumes into the vehicle. A motor vehicle must be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. No person may use a muffler cutout, bypass, or similar device, or modify the exhaust system of a motor vehicle in a manner which amplifies or increases the noise emitted by the engine of the vehicle above that emitted by the muffler originally installed on the vehicle for use on the highway or a vehicular way or area. A person may not alter an exhaust particle emission system built into a motor vehicle to decrease its effectiveness.

(b) The engine and power mechanism of a motor vehicle must be equipped and adjusted to prevent the escape of excessive fumes or smoke.

ARIZONA

2005 Arizona Revised Statutes – Revised Statutes §28-955 – Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception

  1. A motor vehicle shall be equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise.
  2. A person shall not use a muffler cutout, bypass or similar device on a motor vehicle on a highway.
  3. The engine and power mechanism of a motor vehicle shall be equipped and adjusted to prevent the escape of excessive fumes or smoke.
  4. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall be equipped with emissions control devices that meet the standards established by the director of environmental quality.
  5. A person who violates this section is subject to a civil penalty of at least one hundred dollars.

ARKANSAS

  • 27-37-601 – Noise or smoke producing devices prohibited.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

CALIFORNIA

VEHICLE CODE SECTION 27150

  1. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

 COLORADO

  1. Mufflers – prevention of noise.

(1)  Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this section.

 (2) A muffler is a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

(3) Any person who violates subsection (1) of this section commits a class B traffic infraction.  Any person who violates subsection (1.5) of this section shall, upon conviction, be punished by a fine of five-hundred dollars. Fifty percent of any fine for a violation of subsection (1.5) of this section occurring within the corporate limits of a city or town, or within the unincorporated area of a county, shall be transmitted to the treasurer or chief financial officer of said city, town, or county, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 205 (5.5)(a), C.R.S.

Sec. 14-80. Mechanical equipment. (a) Each motor vehicle and the devices on such vehicle shall be operated, equipped, constructed and adjusted to prevent unnecessary or unusual noise.

CONNECTICUT

Title 14 Motor Vehicles. Use of the Highway By Vehicles. Gasoline

Chapter 246 Motor Vehicles

Sec. 14-80. Mechanical equipment.

 (b) Each motor vehicle operated by an internal combustion engine shall be equipped, except as hereinafter provided, with a muffler or mufflers designed to prevent excessive, unusual or unnecessary exhaust noise. The muffler or mufflers shall be maintained by the owner in good working order and shall be in use whenever the motor vehicle is operated. No person, including a motor vehicle dealer or repairer or a motorcycle dealer, shall install, and no person shall use, on a motor vehicle, a muffler or mufflers lacking interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout or a straight exhaust except when the motor vehicle is operated in a race, contest or demonstration of speed or skill as a public exhibition pursuant to subsection (a) of section 14-164a, or any mechanical device which will amplify the noise emitted by the vehicle. No person, including a motor vehicle dealer or repairer or a motorcycle dealer, shall remove all or part of any muffler on a motor vehicle except to repair or replace the muffler or part for the more effective prevention of noise. No person shall use on the exhaust system or tail pipe of a motor vehicle any extension or device which will cause excessive or unusual noise.

DELAWARE

  • 4311 Mufflers; cutout prohibited.

(a) No person shall drive a motor vehicle, including a motorcycle, on a highway, including residential streets, unless such motor vehicle or motorcycle is equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive or unusual noise.

(b) No person shall use a “muffler cutout” on any motor vehicle upon a highway.

(c) It shall be unlawful to sell or offer for sale any muffler without interior baffle plates or other effective muffling devices or to sell or offer for sale any “gutted muffler,” “muffler cutout” or “straight exhaust.”

FLORIDA

*See #5 “Noise Abatement Modifications” – requires OEM muffler

Noise abatement specifications…

Title XXIII MOTOR VEHICLES

Chapter 316

STATE UNIFORM TRAFFIC CONTROL 316.293 Motor vehicle noise.—

(1) DEFINITIONS.—The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires:

(a) “dB A” means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.

(b) “Gross combination weight rating” or “GCWR” means the value specified by the manufacturer as the loaded weight of a combination vehicle.

(c) “Gross vehicle weight rating” or “GVWR” means the value specified by the manufacturer as the loaded weight of a single vehicle.

(d) “Sound level” means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only A-weighting and fast dynamic response need be provided.

(e) “Department” means the Department of Highway Safety and Motor Vehicles.

(2) OPERATING NOISE LIMITS.—No person shall operate or be permitted to operate a vehicle at any time or under any condition of roadway grade, load, acceleration, or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed limit at a distance of 50 feet from the center of the lane of travel under measurement procedures established under subsection (3).

(a) For motorcycles other than motor-driven cycles:

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

Before January 1, 1979   82 dB A 86 dB A

On or after

January 1, 1979 78 dB A 82 dB A

(b) For any motor vehicle with a GVWR or GCWR of 10,000 pounds or more:

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

On or after

January 1, 1975 86 dB A 90 dB A

(c) For motor-driven cycles and any other motor vehicle not included in paragraph (a) or paragraph (b):

                Sound level limit

                Speed limit

35 mph or less   Speed limit

over 35 mph

Before January 1, 1979   76 dB A 82 dB A

On or after

January 1, 1979 72 dB A 79 dB A

(3) MEASUREMENT PROCEDURES.—The measurement procedures for determining compliance with this section shall be established by regulation of the Department of Environmental Protection as provided in s. 403.415(9), in cooperation with the department. Such regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods for the measurement of vehicular sound levels. The measurement procedures may include adjustment factors to be applied to the noise limit for measurement distances of other than 50 feet from the center of the lane of travel.

(4) APPLICABILITY.—This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control.

*(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.

(6) EXEMPT VEHICLES.—The following are exempt from the operation of this act:

(a) Emergency vehicles operating as specified in s. 316.072(5)(a).

(b) Any motor vehicle engaged in a professional or amateur sanctioned, competitive sports event for which admission or entry fee is charged, or practice or time trials for such event.

(c) Any motor vehicle engaged in a manufacturer’s engineering, design, or equipment test.

(d) Construction or agricultural equipment either on a job site or traveling on the highways.

(7) VIOLATIONS.—A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 4, ch. 74-110; s. 32, ch. 76-31; s. 2, ch. 78-280; s. 28, ch. 79-65; s. 136, ch. 94-356; s. 16, ch. 97-300; s. 205, ch. 99-248.

GEORGIA

  • 40-8-71 – Exhaust system; prevention of noise, smoke, and fumes

O.C.G.A. 40-8-71 (2010)

(a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications:

(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes;

(2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers’ original specifications;

(3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment;

(4) The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken hangers; and

(5) There shall be no part of the exhaust system passing through the passenger compartment or any exposed stack so located that any individual entering or leaving the vehicle may be burned.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke or any muffler cutout, bypass, or similar device for use on a motor vehicle or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor.

HAWAII

  • 291-22 Regulation of exhaust pipe and muffler. It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. [L 1941, c 140, §2; RL 1945, §11718; RL 1955, §311-24; HRS §291-22; am L 1979, c 105, §28]

IDAHO

TITLE 49 MOTOR VEHICLES

CHAPTER 9

VEHICLE EQUIPMENT

49-937.  Mufflers, prevention of noise. (1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway. When any motor vehicle was originally equipped with a noise suppressing system or when any motor vehicle is required by law or regulation of this state or the federal government to have a noise suppressing system, that system shall be maintained in good working order. No person shall disconnect any part of that system except temporarily in order to make repairs, replacements or adjustments, and no person shall modify or alter that system or its operation in any manner, except to conform to the manufacturer’s specifications. No person shall knowingly operate and no owner shall knowingly cause or permit to be operated any motor vehicle originally equipped or required by any law or regulation of the state or the federal government to be equipped with a noise suppressing system while any part of that system is disconnected or while that system or its operation is modified or altered in any manner, except to conform to the manufacturer’s specifications.

(2)  The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(3)  No person shall modify the exhaust system of a motor vehicle or a motorcycle in a manner which will amplify or increase the noise of the vehicle or motorcycle above that emitted by the muffler originally installed on the vehicle by the manufacturer.

(4)  A showing that the sound made by a passenger motor vehicle or motorcycle exceeds the maximum allowable decibel level shall be prima facie evidence of a violation of subsection (1) of this section.

(5)  No person shall sell, offer for sale, or install any noise suppressing system or device which will produce excessive or unusual noise.

ILLINOIS

(625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)

Sec. 12-602. Mufflers, prevention of noise.

Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

INDIANA

IC 9-19-8-2 Muffler leaks, alteration, or deterioration Sec. 2. A motor vehicle must be equipped with a muffler free from the following visually discernible conditions: (1) Exhaust gas leaks. (2) Alteration of muffler elements. (3) Deterioration of muffler elements. As added by P.L.2-1991, SEC.7.

IC 9-19-8-3 Operation of muffler or noise dissipative device Sec. 3. A motor vehicle must be equipped with a muffler or other noise dissipative device that meets the following conditions: (1) Is in good working order. (2) Is in constant operation to prevent excessive noise. As added by P.L.2-1991, SEC.7.

IC 9-19-8-4 Muffler cutouts and bypasses Sec. 4. A motor vehicle may not be equipped with any of the following: (1) A muffler cutout. (2) A bypass. (3) Any similar device. As added by P.L.2-1991, SEC.7.

IOWA

321.436 MUFFLERS, PREVENTION OF NOISE.

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

KANSAS

Article 17. – UNIFORM ACT REGULATING TRAFFIC; EQUIPMENT OF VEHICLES

8-1739. Mufflers and noise suppressing systems. (a) Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle at all times shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

 KENTUCKY

189.140   Mufflers

Noise regulation.

(1) Every motor vehicle with an internal-combustion, steam or air motor shall be equipped with a suitable and efficient muffler. No person while on a highway shall operate a motor vehicle with the muffler cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving.

(2) No person shall modify the exhaust system of a motor vehicle or an off highway vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle. The original muffler shall comply with all of the noise requirements of KRS Chapter 224 and regulations promulgated pursuant thereto. No person shall operate a motor vehicle with an exhaust system so modified.

LOUISIANA

TITLE 32 — Motor vehicles and traffic regulation

RS 32:352 — Mufflers; requirements; prevention of excessive noise, fumes and smoke

  1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
  2. No person shall use a muffler cut-out, bypass or similar device upon a motor vehicle on a highway of this state.
  3. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

MAINE

  • 1912. Mufflers
  1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, “excessive or unusual noise” includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.
  2. Cutouts prohibited. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device.
  3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.
  4. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame.
  5. Exception; racing meets.
  6. Defense for noise violations by motor vehicles. The following are defenses to a violation of subsection 1 or 3.
  7. If a muffler or exhaust system of a motor vehicle as defined in section 101, subsection 42, not including a motorcycle, does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998, subsections 1 and 3 do not apply. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by a participating certified inspection station.

MARYLAND

TRANSPORTATION

TITLE 22 – VEHICLE LAWS – EQUIPMENT OF VEHICLES

Subtitle 6 – Noise Abatement Program

Section 22-609 – Modification of exhaust system.

  • 22-609. Modification of exhaust system.

(a)  Modification that increases sound prohibited. A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured.

(b)  Operation of improperly modified vehicle prohibited. A person may not drive on any highway in this State a motor vehicle with an exhaust system or noise abatement device modified in a way prohibited by subsection (a) of this section.

MASSACHUSETTS

Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

MICHIGAN (useless)

Act 300 of 1949

257.707c Noise limitations; prohibitions.

Sec. 707c.

(1) After April 1, 1978, a motor vehicle shall not be operated or driven on a highway or street if the motor vehicle produces total noise exceeding 1 of the following limits at a distance of 50 feet except as provided in subdivisions (b)(iii) and (c)(iii):

(a) A motor vehicle with a gross weight or gross vehicle weight rating of 8,500 pounds or more, combination vehicle with gross weight or gross vehicle weight ratings of 8,500 pounds or more.

(i) Ninety DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Eighty-eight DBA under stationary run-up test.

(b) A motorcycle or a moped:

(i) Eighty-six DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Eighty-two DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test at 75 inches.

(c) A motor vehicle or a combination of vehicles towed by a motor vehicle not covered in subdivision (a) or (b):

(i) Eighty-two DBA if the maximum lawful speed on the highway or street is greater than 35 miles per hour.

(ii) Seventy-six DBA if the maximum lawful speed on the highway or street is not more than 35 miles per hour.

(iii) Ninety-five DBA under stationary run-up test 20 inches from the end of the tailpipe.

(2) A dealer shall not sell or offer for sale for use upon a street or highway in this state a new motor vehicle manufactured after April 1, 1978, which produces a maximum noise exceeding the following limits:

(a) A motor vehicle with a gross vehicle weight rating of 8,500 pounds or more—83 DBA.

(b) A motorcycle or a moped—83 DBA.

(c) A motor vehicle not covered in subdivision (a) or (b)—80 DBA.

(3) A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system which affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier, or a similar device.

(4) A person, either acting for himself or herself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part that causes the motor vehicle to which the muffler or exhaust part is attached to exceed the noise limits established by this act or a rule promulgated under this act.

(5) A person shall not modify, repair, replace, or remove a part of an exhaust system causing the motor vehicle to which the system is attached to produce noise in excess of the levels established by this act, or operate a motor vehicle so altered on a street or highway.

(6) A dealer shall not sell a used or secondhand motor vehicle for use upon a street or highway which is not in compliance with this act.

MINNESOTA

169.69 MUFFLER.

Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle.

No person shall have for sale, sell or offer for sale or use on any motor vehicle any muffler that fails to comply with the specifications as required by the commissioner of public safety.

MISSISSIPPI

TITLE 63 – MOTOR VEHICLES AND TRAFFIC REGULATIONS

Chapter 7 – Equipment and Identification.

  • 63-7-55. Mufflers.

 Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

MISSOURI

Chapter 307

Vehicle Equipment Regulations

Section 307.170.1

 August 28, 2015

  1. Muffler cutouts: Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.

MONTANA

61-9-403. Mufflers — prevention of noise.

(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

(2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

NEBRASKA

60-6,286.

Muffler or noise-suppressing system; prevention of fumes and smoke; requirements.

Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. It shall be unlawful to use a muffler cutout, bypass, or similar device on any motor vehicle upon a highway.

The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

 NEVADA

  NRS 484D.410 Standards and regulations for noise emission; compliance.

      1.  Not later than January 1, 1972, the Department shall adopt rules and regulations:

      (a) Governing total maximum noise emissions for vehicles operating on the highways of this State.

      (b) Governing maximum noise emission standards for new motor vehicles sold in this State.

      2.  Rules and regulations adopted pursuant to this section shall:

      (a) Take into consideration all facts and circumstances bearing upon the technical and economic feasibility of and the reasonableness of compliance with such rules and regulations.

      (b) Be consistent with any standards adopted by any federal agency governing noise emissions for vehicles in use or applying to the manufacturer of vehicles.

      3.  Rules and regulations adopted pursuant to this section shall also prescribe testing procedures and instrumentation to be used, taking into consideration the testing procedures of SAE International.

      4.  The Department shall, from time to time, after initial adoption of rules and regulations and, as new facts concerning the control of vehicle noise become available, make such amendments to the rules and regulations as is required to maintain the highest level of vehicle noise emission control consistent with the provisions of subsection 2.

      5.  On and after the effective date of the rules and regulations adopted pursuant to this section it shall be unlawful to operate on the highways of this State any vehicle or to sell or offer for sale in this State any vehicle which fails to comply with the emission levels established by such rules and regulations.

      (Added to NRS by 1971, 921) — (Substituted in revision for NRS 484.6101)

NRS 484D.415 Mufflers: Prevention of emissions.

      1.  Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent emissions greater than those allowed by rules and regulations established by the Department. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

      2.  The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

NEW HAMPSHIRE

266:59 Muffler; Prevention of Noise. –

  1. Every motor vehicle shall at all times be equipped with a muffler as defined in RSA 259:66, in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a way.
  2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes, smoke, flame, gas, oil or fuel residue.

    III. [Repealed.]

  1. No person shall operate a motor vehicle with a straight pipe exhaust system; “straight pipe exhaust system” means any straight- through exhaust system that does not contain baffles or otherwise does not meet the definition of muffler in RSA 259:66. Any person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $100 for a first offense, not less than $250 for a second offense in a calendar year, and not less than $500 for a third or subsequent offense in a calendar year.

NEW JERSEY

Title 39 – MOTOR VEHICLES AND TRAFFIC REGULATION

Section 39:3-70 – Mufflers.

Universal Citation: NJ Rev Stat § 39:3-70 (2013)

39:3-70 Mufflers.

39:3-70. Every motor vehicle having a combustion motor shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

NEW MEXICO

66-3-844. Mufflers; prevention of noise; emission control devices.

  1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.
  2. The muffler, emission control equipment or device, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
  3. Every registered gasoline-fueled motor vehicle manufactured or assembled, commencing with the 1968 models, shall at all times be equipped and maintained in good working order with the factory-installed devices and equipment or their replacements designed to prevent, reduce or control exhaust emissions or air pollution.

NEW YORK

Vehicle Traffic Law § 375. Equipment

31. Mufflers and exhaust systems.  Prevention of noise.

Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device.  No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor or exhaust system of such vehicle above that emitted by the muffler or exhaust system originally installed on the vehicle and such original muffler and exhaust system shall comply with all the requirements of this section.

A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

An exhaust system is a series of mechanical devices for the purpose of receiving exhaust gas from an internal combustion engine and expelling it into the atmosphere.

31-a. No person shall, in the state, sell, install or use a motorcycle exhaust device without internal baffles, known as “straight pipes”.

31-b. No person shall, in the state, sell, install or use a motorcycle exhaust device that is intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable.  This subdivision shall not apply to a motorcycle manufactured or assembled prior to nineteen hundred seventy-nine or a motorcycle registered as a limited use vehicle or an all-terrain vehicle pursuant to article forty-eight-A or forty-eight-B of this chapter.

NORTH CAROLINA

  • 20-128. Exhaust system and emissions control devices.

(a) No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler, or other exhaust system of the type installed at the time of manufacture, in good working order and in constant operation to prevent excessive or unusual noise, annoying smoke and smoke screens.

(b) It shall be unlawful to use a “muffler cut-out” on any motor vehicle upon a highway.

(c) No motor vehicle registered in this State that was manufactured after model year 1967 shall be operated in this State unless it is equipped with emissions control devices that were installed on the vehicle at the time the vehicle was manufactured and these devices are properly connected.

NORTH DAKOTA

MOTORCYCLE EQUIPMENT

(Chapter 39-27) 08. Exhaust system – Prevention of noise.

Motorcycles must be equipped with an exhaust system incorporating a muffler or other mechanical device for the purpose of effectively reducing engine noise. Cutouts and bypasses in the exhaust system are prohibited. The system must be leak proof and all components must be securely attached to the vehicle and located so as not to interfere with the operation of the motorcycle. Shielding must be provided to prevent inadvertent contact with the exhaust system by the operator or passenger during normal operation. In addition, all motorcycles operating on streets   and   highways   must   meet   the   noise   decibel   limitations   as   established   by   the environmental   protection   agency.   No person may sell, offer for sale, or install any noise suppressing system or device which will produce noise in excess of the maximum allowable decibel limitations of this section.

OHIO

4513.22 Mufflers.

(A) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.

No person shall own, operate, or have in the person’s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any other way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.

(B) Whoever violates this section is guilty of a minor misdemeanor.

Amended by 128th General Assembly File No.9, HB 1, §101.01, eff. 10/16/2009.

Effective Date: 01-01-2004

4513.221 Local regulation of passenger car and motorcycle noise.

(A) The board of county commissioners of any county, and the board of township trustees of any township subject to section 505.17 of the Revised Code, may regulate passenger car and motorcycle noise on streets and highways under their jurisdiction. Such regulations shall include maximum permissible noise limits measured in decibels, subject to the requirements of this section.

(B) Regulations establishing maximum permissible noise limits measured in decibels shall prohibit the operation, within the speed limits specified herein, of a passenger car or motorcycle of a type subject to registration at any time or under any condition of load, acceleration, or deceleration in such manner as to exceed the following maximum noise limits, based on a distance of not less than fifty feet from the center of the line of travel:

(1) For passenger cars:

(a) When operated at a speed of thirty-five miles per hour or less, a maximum noise limit of seventy decibels;

(b) When operated at a speed of more than thirty-five miles per hour, a maximum noise limit of seventy-nine decibels.

(2) For motorcycles:

(a) When operated at a speed of thirty-five miles per hour or less, a maximum noise limit of eighty-two decibels;

(b) When operated at a speed of more than thirty-five miles per hour, a maximum noise limit of eighty-six decibels.

(C) Maximum noise limits established pursuant to division (B) of this section shall be measured on the “A” scale of a standard sound level meter meeting the applicable requirements for a type 2 sound level meter as defined in American national standards institute standard S1.4 – 1983, or the most recent revision thereof. Measurement practices shall be in substantial conformity with standards and recommended practice established by the society of automotive engineers, including SAE standard J 986 A NOV81, SAE standard J 366 MAR85, SAE standard J 331 A, and such other standards and practices as may be approved by the federal government.

(D) No regulation enacted under division (B) of this section shall be effective until signs giving notice of the regulation are posted upon or at the entrance to the highway or part thereof affected, as may be most appropriate.

(E) A board of county commissioners of any county may regulate noise from passenger cars, motorcycles, or other devices using internal combustion engines in the unincorporated area of the county, and a board of township trustees may regulate such noise in the unincorporated area of the township, in any of the following ways:

(1) By prohibiting operating or causing to be operated any motor vehicle, agricultural tractor, motorcycle, all-purpose vehicle, or snowmobile not equipped with a factory-installed muffler or equivalent muffler in good working order and in constant operation;

(2) By prohibiting the removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, of any muffler;

(3) By prohibiting the discharge into the open air of exhaust of any stationary or portable internal combustion engine except through a factory-installed muffler or equivalent muffler in good working order and in constant operation;

(4) By prohibiting racing the motor of any vehicle described in division (E)(1) of this section in such a manner that the exhaust system emits a loud, cracking, or chattering noise unusual to its normal operation.

(F) Whoever violates any maximum noise limit established as provided in division (B) of this section or any of the prohibitions authorized in division (E) of this section is guilty of a minor misdemeanor. Fines collected under this section by the county shall be paid into the county general fund, and such fines collected by the township shall be paid into the township general fund.

No regulation adopted under this section shall apply to commercial racetrack operations.

Effective Date: 06-26-1986

OKLAHOMA

Section 12-402 – Mufflers, Prevention of Noise

  1. Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise. Every motor vehicle shall at all times be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation, and no person shall use a muffler cut-out, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle.
  2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke, or both.

Oregon (useless)

  • 815.250¹ Operation without proper exhaust system
  • exemptions
  • penalty

(1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.

(2) An exhaust system only meets the requirements of this section if all of the following apply:

(a) The exhaust system must be in good working order.

(b) The exhaust system must be in constant operation.

(c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:

Maximum level, Model, Vehicle type dBA Year

  1. Motor vehicles required to establish a registration weight under ORS 803.430 (Certain vehicles required to establish registration weight for fee determination) and commercial buses

94……………. before 1976

91……………. 1976 and after

 Motorcycles and mopeds

94……………. before 1976

91……………. 1976

89……………. after 1976

III. Motor vehicles not described under I or II

92……………. before 1976

88……………. 1976 and after

 PENNSYLVANIA (useless)

  • 157.11. Vehicular noise limits.

 (a)  Prohibition. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle within the speed limits specified in Table 1.

TABLE 1

Maximum Permissible Sound Level Readings (decibel (A)) (see: http://www.pacode.com/secure/data/067/chapter157/chap157toc.html)

(1) Any motor vehicle with a manufacturers gross vehicle weight rating of 6,000 pounds or more and any combination of vehicles towed by such motor vehicle.               86           90           88           92

(2) Any motorcycle other than a motor-driven cycle.        82           86           84           88

3) Any other motor vehicle and any combination of vehicles towed by such motor vehicles.           76           82           78                84

 (b)  Measurement distance. The noise limits established by this section shall be based on a distance of 50 feet from the center lane of travel within the speed limit specified in this section. Measurements at distances closer than 50 feet from the center of the lane of travel may be made. In such a case, the measuring device shall be so calibrated as to provide for measurements equivalent to the noise limit established by this section measured at 50 feet.

 (c)  Trucks. A truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the name and gross vehicle weight rating of the manufacturer shall be considered as having a gross vehicle weight rating of 6,000 pounds or more if the unladen weight is more than 5,000 pounds.

 (d)  Exemptions. This section does not apply to any of the following:

   (1)  The sound generated by a warning device, such as a horn or siren, installed in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid noise emission measurement.

   (2)  An emergency vehicle, such as a fire department vehicle, police vehicle, ambulance, blood-delivery vehicle, armed forces emergency vehicle, one private vehicle of fire or police chief or assistant chief or ambulance corps commander or assistant commander or of a river rescue commander, or other vehicles designated by the State Police as emergency vehicles, when responding to an emergency call.

   (3)  A snow plow in operation.

   (4)  The sound generated by special mobile equipment which is normally operated only when the motor vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour or less, unless such device is intentionally operated at speeds greater than 5 miles per hour in order to preclude an otherwise valid noise measurement.

  • 175.75. Exhaust systems.

 (a)  Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).

 (b)  Exhaust system requirements. A vehicle specified under this subchapter shall be constructed, equipped, maintained and operated to prevent engine exhaust gases from penetrating and collecting in any part of the vehicle occupied by the driver or a passenger, in addition to requirements of this title for an emission control system and smoke control for a diesel-powered vehicle.

   (1)  A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.

   (2)  The exhaust system of a vehicle may not be modified in a manner which will amplify or increase noise emitted by the motor of a vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).

   (3)  Headers and side exhaust are permitted if the vehicle meets the requirements of this section.

   (4)  An exposed exhaust system shall be equipped with an adequate heat shield or protective system.

   (5)  An exhaust system shall extend and discharge completely to the outside edge of the vehicle body, including a truck bed, or as originally designed.

   (6)  A firefighting vehicle is exempt from regulations concerning exhaust systems, mufflers and noise control.

RHODE ISLAND

Title 31 – Motor and Other vehicles

CHAPTER 31-23 – Equipment and Accessories Generally

  • 31-23-13 – Muffler.

SECTION 31-23-13

  • 31-23-13 Muffler. – Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway. Any exhaust system shall be deemed defective if any changes, modifications, alterations, deletions, or adjustments have been made which would cause the exhaust system to generate a higher or louder sound level than would be generated by the exhaust system customarily installed by the manufacturer as original equipment. The defective exhaust system shall be replaced or repaired to restore the exhaust system to the performance specifications of the original equipment. Failure to replace or restore the exhaust system as required in this section within five (5) days shall be deemed a civil violation and violators are subject to fines enumerated in § 31-41.1-4.

 SOUTH CAROLINA

Title 56 – Motor Vehicles

Chapter 5 – UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS

Section 56-5-5020 – Mufflers.

Universal Citation: SC Code § 56-5-5020 (2012)

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle upon a highway. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes and smoke.

SOUTH DAKOTA

32-15-17.   Exhaust system and muffler required–Exhaust location–Muffler cut-out prohibited–Misdemeanor. No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.

 Exhaust systems on passenger or passenger-carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.

Exhaust systems on property-carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger-carrying compartment.

No person may use a muffler cut-out on any motor vehicle upon a highway.

A violation of this section is a Class 2 misdemeanor.

TENNESSEE

55-9-202.  Mufflers — Muffler cutouts prohibited — Penalty.

(a) No person shall drive a motor vehicle on any road, street or highway unless the motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.

(b) It is unlawful to use a “muffler cutout” on any motor vehicle upon any road, street or highway.

(c) A violation of this section is a Class C misdemeanor.

 TEXAS

547.604 (Muffler Required)

(a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise.

(b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.

UTAH

Effective 5/10/2016

41-6a-1626.  Mufflers — Prevention of noise, smoke, and fumes — Air pollution control devices.

(a)          A vehicle shall be equipped, maintained, and operated to prevent excessive or unusual noise.

(b)          A motor vehicle shall be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation.

(c)           A person may not use a muffler cut-out, bypass, or similar device on a vehicle.

VERMONT (useless)

No roadway use motor vehicle muffler law located.

VIRGINIA

46.2-1049. Exhaust system in good working order.

No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private passenger motor vehicles or trucks of standard make.

The term “exhaust system,” as used in this section, means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.

Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.

WASHINGTON

RCW 46.37.390

Mufflers required—Smoke and air contaminant standards—Definitions—Penalty, exception.

(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

(2)(a) No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 1 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (a)(i) above.

(b) No motor vehicle first sold and registered prior to January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:

(i) As dark as or darker than the shade designated as No. 2 on the Ringelmann chart, as published by the United States bureau of mines; or

(ii) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (b)(i) above.

(c) For the purposes of this subsection the following definitions shall apply:

(i) “Opacity” means the degree to which an emission reduces the transmission of light and obscures the view of an object in the background;

(ii) “Ringelmann chart” means the Ringelmann smoke chart with instructions for use as published by the United States bureau of mines in May 1967 and as thereafter amended, information circular 7718.

(3) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection. A court may dismiss an infraction notice for a violation of this subsection if there is reasonable grounds to believe that the vehicle was not operated in violation of this subsection.

This subsection (3) does not apply to vehicles twenty-five or more years old or to passenger vehicles being operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body.

 WEST VIRGINIA

  • 17C-15-34. Mufflers; prevention of noise, fumes and smoke.

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Such muffler shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

WISCONSIN

347.39 Mufflers.

(1) No person shall operate on a highway any motor vehicle subject to registration unless such motor vehicle is equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise or annoying smoke. This subsection also applies to motor bicycles.

(2) No muffler or exhaust system on any vehicle mentioned in sub. (1) shall be equipped with a cutout, bypass or similar device nor shall there be installed in the exhaust system of any such vehicle any device to ignite exhaust gases so as to produce flame within or without the exhaust system. No person shall modify the exhaust system of any such motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this section.

(3) In this section, “muffler” means a device consisting of a series of chambers of baffle plates or other mechanical design for receiving exhaust gases from an internal combustion engine and which is effective in reducing noise.

WYOMING

TITLE 31 – MOTOR VEHICLES

CHAPTER 5 – REGULATION OF TRAFFIC ON HIGHWAYS

31-5-953. Mufflers.

 (a) Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise. Every motor vehicle shall at all times be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation. No person shall use a muffler cut-out, bypass or similar device.

(b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

(c) This section applies to motorcycles, motor-driven cycles, multipurpose vehicles and mopeds.

give-respect-to-get-respect

Loud Biker Mantra: Give Respect/Get Respect. Okay then, a question…

Pardon me for the laugh, but “Give Respect to get Respect”? Really? Fact is, at a minimum, 60% to 80% of the motorcycles operating on our public roadways today have had their Federally approved, quiet, legal, factory-installed muffler removed and replaced by a “NOT FOR ROAD USE” aftermarket, Closed-Course, Competition, exhaust emitting four-to-eight times the legal 80 dB(A) “total” motorcycle noise emissions (logarithmic scale) as stipulated by the US EPA/Code of Federal Regulations as the “minimum” level of motorcycle noise emissions protection for the general public. Respect?

EPA muffler label

If the motorcyclists participating in the LOUD Biker Cult[ure] are so emphatic about giving and receiving “respect,” why don’t you respect the rule of law and just as importantly, why don’t you respect the civil liberties and civil protections of the general public? Why are you thumbing your arrogant, selfish, irresponsible, hedonistic motivated nose at the rule of law, Federal and State muffler laws, that were enacted specifically for the protection of our health and welfare, our quality of life, especially concerning the most innocent and most physiologically susceptible to your illegal NOISE nonsense e.g. our children, our elderly, our handicapped?

jacob castillotoo loud too badbabyonbible

little girl loud bikes

Give respect to get respect? Obviously, the Loud Biker Cult[ure] does NOT have a clue regarding what that actually means! Shame on each and every one you who modify a motor vehicle to make intrusive, dangerous, illegal, NOISE then proceed out onto our public roadways and use that noise to audibly assault children…men don’t do such a thing…this is the behavior of a hedonistic, bully-thug!  “Love your neighbor as yourself”…you would do well to learn exactly what this means!give-respect-to-get-respect

child holding ears loud motorcycle cropped
There are the ones who deserve your respect, LOUD Biker Cult[ure]
Questions?: https://rickeyholtsclaw.wordpress.com/…/the-truth-about-lo…/

Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles, Facebook, YouTube and WordPress

for FB coverme at lubys

if it feels good do it biker creed

LOUD Biker Declares: “The muffler thing – I feel there should be a little room?” Really?

A re-post for FB only – due to the Loud Biker’s Objection to his name appearing within the FB intro caption…  C-CALM apologizes for the inconvenience…

Name Redacted: (Loud Biker Advocate) I will admit Aren [K-9 Police Dog] deserves the same if not more than his fellow officers. they go into situations where a person cant. deserves the best. Rickey we may not see things the same,but when i got stopped i knew why. except the muffler thing, i feel there should be a little room. the dog reserves respect
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Rickey Holtsclaw  (C-CALM) Regarding “the muffler thing.” Don, why do you think “there should be a little room”? Let’s look at the big picture for just a moment and I’ll try not to be too “long winded” this time…no promises though.
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In a society founded on the rule of law, in order to be a “good” and “faithful” citizen within that society, we all must concur/agree that we will conduct our self in a manner that is most conducive/beneficial to the “common good” i.e. that which benefits the whole or the majority. The goal of the Legislative Branch (and precedent via the Judicial Branch) is to enact laws with this purpose in mind taking into consideration the highest level of regard for all concerned within the boundaries imposed by the United States Constitution. The Federal Government, many decades ago, having been made aware of the dangers of ever increasing environmental noise and the negative/injurious physiological effects of roadway noise, initiated the Noise Control Act of 1972. Prefacing that Act, the United States Congress made the following statement:

42 U.S. Code § 4901 – Congressional findings and statement of policy

(a) The Congress finds—
(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;
(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and
(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.
(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.
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Hence, we have the Code of Federal Regulations that specifically regulates motorcycle noise,
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                         Subpart D--Motorcycles
 
Sec. 205.152  Noise emission standards.

    (a) Noise emission standards. (1) Street motorcycles of the 
following and subsequent model years must not produce noise emissions in 
excess of the levels indicated:
    (i) Street motorcycles other than those that meet the definition of 
Sec. 205.151(a)(2)(ii):

---------------------------------------------------------------------
                                                    
Model year                                                  
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(A) 1983.............................................      83 dB(A)
(B) 1986.............................................      80 dB(A)
EPA muffler label

Don, why is it that you and the Loud Biker Cult[ure] wrongfully interpret the law as inherently containing a “gray area” that somehow permits you to usurp the protective intent of the law specifically enacted for the protection of the health and welfare, the quality of life of the American Citizen – especially considering the plethora of medical information confirming the harmful physiological effect of unregulated motor vehicle noise relevant to the health and welfare of our children, our elderly and our handicapped?
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Don, how has the Loud Motorcycle Cult[ure] internalized an ideology of such stark hedonism that they place their pursuit of personal pleasure over the Civil liberties, the Constitutional rights, privileges and protection of our most innocent? How can this be? 
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Don, from where does this Loud Biker entitlement manifest and what gives the Loud Biker Cult[ure] the right to bully and abuse our most innocent?
little girl at the 2016 steel horse rally

Child at the 2016 Steel Horse Motorcycle Rally, Fort Smith, AR attempting to protect her hearing from the overwhelming number of Loud Bikers in attendance atop motorcycles emitting four-to-eight times (logarithmic scale) the legal 80 dB(A) “total” motorcycle noise restriction – the event is advertised as a “Family Friendly” motorcycle rally – Really?
biker pipes 4
Questions?  see: The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/
Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook, YouTube and WordPress
for FB covera young motor officer