The following discussion takes place within the comment section of a YouTube video titled, “This is Why People Hate Harley Davidson Motorcycles” (https://www.youtube.com/watch?v=6z-DCbOLYzc) published by a “shadetree surgeon” – (A coward who hides behind a fictitious name). A “Matthew” (among others) responds to my initial comment to the video and that’s where I will begin this conversation. A Mr. Tim Krietz chimes in on the conservation and, with fervor, defends the idea that riding illegally loud is acceptable and Tim provides his “educated” perspective on why our laws are “flawed and arbitrary.” I’ve chosen to elaborate on this conservation because the language is, for a refreshing change, lacking the usual vulgarity and obscenity – vulgarity/obscenity that is par for course from the Loud Biker Cult[ure].
Note: “shadetree surgeon,” in response to my comments articulated within this article, has made a very detailed and well-rehearsed video that mocks and disparages my stance against the operation of an illegally loud motorcycle on our public roadways. The video is well made and certainly worth a watch before or subsequent to reading through the following discussion:
Loud Pipes Ruin Lives: https://www.youtube.com/watch?v=T0OfvN1lO2w
Thanks for your interest,
Rickey D. Holtsclaw, Houston PD/Retired, Concerned Citizens Against Loud Motorcycles – Facebook
Initial comment to video by Rickey D. Holtsclaw, Houston PD/Retired,
Matthew – (searching for reasons why he should not ride loud)
Thanks, bro! Ricky is right. People deserve peace and quiet and some people really do go too far especially the Harley types. However, I think you just need to be loud enough to be heard so drivers are aware of your presence. Can you imagine the danger of having an electric motorcycle and how no one would be aware of your presence? Our brains and bodies are subconsciously very perceptive and we sense the presence of others around us in traffic. An interesting example is a friend of mine who is deaf and drives exceptionally well. I thought he would have trouble knowing when emergency services were coming up through traffic etc, but he doesn’t usually he is aware before others are.
Response to Matthew by Rick Holtsclaw, Houston PD/Retired, C-CALM
1) Actually Matthew, if you read my “Motorcycle Noise Enforcement-101” article, you will discover that sound testing, the use of sound meters, is redundant and is not required or allowed in 46 of the 50 States within the United States. Why would sound meter testing not be allowed and why is it redundant? The motor vehicle muffler statutes (46 State Statutes) do not contain the statutory elements defining/articulating the parameters for sound meter implementation; therefore, sound meters cannot be admitted as evidence in vehicular noise adjudication…this is a good thing [for a number of reasons which are explained in other articles here on WordPress.]
Most muffler statutes contain the statutory elements of “excessive or unusual noise” and/or they require the “factory-installed muffler” or a muffler conforming to the specifications of the factory installed muffler. Sound meter testing is unnecessary and redundant because the factory-installed muffler has already been tested – an aftermarket exhaust is prima facie evidence that the motorcycle is in violation – if the sound emanating from the suspicious motorcycle is louder than the quiet OEM, factory-installed muffler, you have a violation and the motorcycle is cite-able and an investigation of the operator is warranted. I maintained a 99.8% conviction-rate for all noisy vehicle citations brought before me for adjudication using Noise Comparison Analysis (NCA).
2) The US EPA mandates and specifically articulates the parameters by which street use motorcycles are to be tested within a scientifically controlled environment, a full-throttle/to max brake-horsepower drive-by test where said motorcycle’s “total” noise emissions are measured at 49.2 feet on each side of the motorcycle. Note that the “total” motorcycle noise emissions are examined, not just the muffler output.
3) If the test sample successfully passes the drive-by testing procedure, the muffler that is to be affixed to the retail motorcycles will receive an embossed EPA compliance label that is to be positioned in a “readily visible location.” There will also be a frame label indicating at what RPM the motorcycle reached the 80 dB(A) maximum output along with a warning that tampering with the noise control device on the motorcycle is a violation of Federal Law. Also, in accordance with the Code of Federal Regulations, the motorcycle’s owner manual will contain a warning about “tampering” with the noise control system on the motorcycle.
4) Matthew, what it all boils down to is the integrity, virtue, maturity of the individual operating the motorcycle, auto or truck on our public roadways. Let’s take this to the point where the rubber meets the road. The US EPA, via their Code of Federal Regulations, specifically regulates motorcycle emissions noise as a result of concerns for the health and welfare, the quality of life of the American citizenry – especially relevant and sensitive to this NOISE nonsense are our children, our elderly, our handicapped and those living within congested urban areas.
Matthew, as you decide to ride loud or ride respectfully, ask yourself this question. What kind of a man, what personality-type opts to remove the legal, quiet, factory-installed muffler on their motor vehicle, then replaces that muffler with a NOT FOR ROAD USE aftermarket exhaust that emits multiples of the legal dB(A) (when measured on a logarithmic scale) – then – makes the affirmative decision to take that illegally loud motor vehicle out onto a public roadway, into our communities across America, and use that illegal, dangerous, intrusive, NOISE to audibly assault children, the handicapped or our elderly? Ask yourself, what kind of a “man” opts to abuse others with illegal noise – can we truly call this “man” a Patriot, an honorable philanthropist, a “real” motorcyclist? No Matthew, this behavior is indicative of a very selfish, hedonistic, narcissistic, bully – and Matthew, you can take that to the bank…I’ve personally cited and arrested more than my share of the Loud Biker Cult[ure] and I can confirm that analysis.
When it’s all said and done Matthew, the choice is entirely up to you. In our society today, there are overwhelming numbers of men and women who adhere to an ideology of Moral Relativism – “if it feels good do it” and to heck with anyone else. Again, your life, your choice!
Response by Rickey D. Holtsclaw, Houston PD/Retired
Hello Matthew and in response to Mr. Kreitz …
1) Not to be redundant Matthew, but the law is clearly written, the procedures and purposes for administering and enacting that law extend from the Noise Control Act of 1972 via the associated Congressional Statement.
2) Mr. Kreitz argues a worn-out argument from the Motorcycle Rights Organizations who attempt to defend their selfishness in modifying their motorcycles to emit annoying, dangerous, intrusive, illegal motorcycle noise by lying to the public stating that the acoustical dampening characteristics of the factory-installed muffler are only valid for 1-year or 3730 miles. What?
Within the Code of Federal Regulations, there is a subsection referred to as the Acoustical Assurance Period or the AAP. The Acoustical Assurance Period states that the factory-installed muffler is warrantied for 3730 miles or 1-year. The AAP is nothing more than a warranty from the manufacturer to the consumer promising a compliant and effective muffler. I’ve written on this controversial subject…
“Now please listen-up. It’s at this point that the obfuscating Motorcycle Rights Organizations are going to rise-up with a defiant fist and argue that the factory-installed, EPA certified muffler’s acoustical dampening characteristics are only valid for one-year or 3730 miles, whichever comes first. What? This is simply another lie of the Loud Biker Cult[ure] and their supporters that take the Acoustical Assurance Period (AAP) (CFR §205.152 (a)(3)) in the Code of Federal Regulations (a muffler warranty period required by the EPA to protect the consumer) and twist it to say something that it simply does not say. The author of the AAP, a Mr. Ken Feith, formerly of the EPA, has clearly stated (Pg. 2 and 17 – 21) that the AAP or the acoustical dampening characteristics of mufflers on modern motorcycles is intended to remain in effect for the LIFE OF THE MOTORCYCLE; therefore, please don’t be an uninformed victim of this pervasive LIE of the Loud Biker Cult[ure].”
Matthew, Mr. Kreitz wants you to believe that the original muffler’s acoustical dampening characteristics are irrelevant because it is subject to degradation over time. My personal experience has been that if the factory-installed muffler is subject to degradation relevant to acoustical dampening effectiveness, I’ve not noticed same on a single one of my motorcycles I’ve owned over the years…in fact, one of the last Police Honda Goldwings I took out of service had 90 some thousand hard, hard, police miles on it – the muffler sounded to me to be as quiet at the end of service (90K police miles or so) as the day I put the motorcycle into service.
Note, the acoustical dampening characteristics of the factory-installed muffler are designed to remain in compliance with Federal standards for the life of the motorcycle, if not, if the muffler is damaged or is in need of repair/replacement, the Federal law mandates that the new, replacement muffler conform to the emissions suppression requirements of the OEM/factory-installed muffler. There are probably thousands of almost new OEM/factory-installed mufflers laying around seeing that their irresponsible owners opted to remove a superior product and replace same with an expensive NOT FOR ROAD USE aftermarket exhaust that requires fuel-injection remapping (a super-tuner) and adjustment – simply foolish and irresponsible – all to make illegal noise for hedonistic/narcissistic purposes. Regarding super-tuners, see my article on the EPA v. Harley Lawsuit: https://rickeyholtsclaw.wordpress.com/2016/08/20/epa-sues-harley-for-15-million-better-yet-the-aftermarket-scam-is-out-of-the-bag/
3) Mr. Kreitz would have you believe that the muffler laws of the Federal and State governments are all about money – Mr. Kreitz advocates a libertarian non-aggression principle/ideology precariously convoluted with a dose of anarchy, nihilism and moral relativism (as evidenced by his other writings) – basically, confusion that is fueled by selfishness, arrogance, entitlement, hedonism and narcissism. It would not be wise to follow his lead…
4) The only “MONEY” and “PROFIT” in the operation of an illegally LOUD motorcycle is the aftermarket criminal collusion existing between the:
— Manufacturers of NOT FOR ROAD USE aftermarket exhausts
— Distributors of NOT FOR ROAD USE aftermarket exhausts
— Retailers of NOT FOR ROAD USE aftermarket exhausts
— Installers of NOT FOR ROAD USE aftermarket exhausts
–The losers? The losers are the purchasers of NOT FOR ROAD USE aftermarket exhaust mechanisms (surrendering a perfectly good exhaust and installing an inferior expensive piece of junk) and the American citizens whose daily quality of life, along with their health and welfare, are destroyed by this selfish, irresponsible, illegal vehicular NOISE nonsense.
5) Again Matthew, it’s totally up to you. Do you serve yourself and your hedonistic/narcissistic desires or do you respect your fellowman, do you love and honor your neighbor and his family?
I will end my discussion here seeing that Mr. Kreitz, as a result of his personal arrogance and hedonism, will simply argue and obfuscate in an attempt to justify abusing the American public with illegally equipped, illegally loud motorcycles – it’s an antisocial behavior that has continued unabated due to law enforcement participation in the illegal conduct, apathy, laziness and nonfeasance.
Thank you Matthew
Thank you for reading the article,
Rickey D. Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook
Related 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/
Rickey D. Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook