Bye-Bye To 2016 Bikes, Blues & BBQ Rally
Posted 1:15 pm, September 25, 2016, by Ninette Sosa
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.
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?
Other videos available on YouTube…
And finally, is there anything that transpires at the Bikes, Blues, BBQ Motorcycle Rally that could not transpire with the motorcycle participants atop a legally equipped motorcycle with the US EPA compliant, quiet factory-installed muffler affixed to their motorcycles? Why must illegal, intrusive, dangerous, irresponsible, motorcycle NOISE be involved in this “family friendly event?”
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!
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.
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