**** 6/10/07 Update: SEE BELOW
*** 6/11/06 Update: SEE BELOW
The City of Denver, Colorado has enacted a municipal ordinance that will require all motorcycles in the city to have a Federal Environmental Protection Agency (EPA) sound-certification label on the exhaust systems of all motorcycles.
This modification of Denver’s existing sound law will “retro-actively” apply to all motorcycles manufactured since 1982, which was the first year EPA required all motorcycles sold in the United States to comply with EPA sound regulations.
This new ordinance is scheduled to take effect on July 1, 2007. Any violators of the new ordinance would have two weeks to prove to a Judge that they have fixed the problem or they will be forced to pay a fine of $500.00.
Previously Denver had a noise ordinance based upon maximum decibels or sound levels, which set a limit of 80 decibels at 25 feet.
For all intents and purposes, this new ordinance will force all motorcyclists to use only stock pipes on their motorcycles, because most of the after market pipes made for motorcycles do not have the EPA sound certification label on the pipes.
The marks the first time that I know of where a major United States City has adopted, and will be enforcing “Federal Laws” which are discriminatory against bikers and motorcyclist.
What is disturbing is that this new ordinance is only geared towards motorcycles and not other vehicles such as big rig trucks and cars, which are not required to have strictly stock exhaust systems on them. It does appear that Denver, Colorado is exclusively discriminating against bikers and motorcyclist.
*** 6/11/06 Update: A closer look at this ordinance has brought to light another sinister issue. Now law enforcement in Denver, Colorado will be able to willy nilly pull over any biker or motorcycle on a whim just to check their exhaust pipes. Basically riding a motorcycle in Denver, Colorado will make all bikers and motorcyclist subject to arbitrary stops and harassment by law enforcement. Our freedoms are slipping away from us people.
This new ordinance is a very disturbing precedent that if allowed to stand, could result in similar laws being adopted in other major cities and towns in the United States. Furthermore, the new Denver ordinance creates an exclusive class of enforcement against motorcycles, and no other vehicles. Big Rig trucks for the most part are much louder than motorcycles.
I am not a Colorado lawyer, I am a California lawyer. Notwithstanding this fact, I am a biker who rides motorcycles. I for one will never go to, or ride through Denver, Colorado again on my motorcycle, car, or any other vehicle; unless this ordinance is changed or modified back to the way it used to be. I will not give Denver, Colorado one dime of my tax dollars. Denver, Colorado has become a city that specifically discriminates against bikers and motorcyclist.
This ordinance does not prohibit riding motorcycles; it just forces the motorcycles to have for all intents and purposes, stock pipes. The ordinance as written, means that Denver, Colorado does not respect me, or other bikers and motorcyclist.
I am calling on all Bikers and Motorcyclist from around the nation to pepper the idiotic Denver City Council with letters, phone calls, and emails, voicing your opposition to this new ordinance. These brain dead morons need to be voted out of office as soon as possible.
I am also calling on all bikers and motorcyclist to refrain from doing any commerce, or spending any money in Denver, Colorado. I am also calling on all bikers and motorcyclist to not have any motorcycle events in Denver, Colorado. If Denver, Colorado does not like us, than they do not need our money!
Here is a picture of the idiots who have crafted this discriminatory ordinance.
Click Here for the official City of Denver Website.
Click Here for the Elected Official Portion of the City of Denver’s Website.
Click Here for the Denver City Council Website.
The address, phone number, and email address for the Denver City Council is:
Denver City Council
City & County Bldg.
1437 Bannock St., Rm. 451
Denver, CO 80202
Phone: 720.865.9534
Fax: 720.865.9540
Email: dencc@ci.denver.co.us
Send them an email now if you can, about your opposition to their discriminatory law, and how you will not spend any money in Denver, and the fact that you will let all other bikers and motorcyclist know about their discriminatory law.
I am calling on all Bikers and Motorcyclist from around the nation to pepper the Mayor John Hickenlooper with letters, phone calls, and emails, voicing your opposition to this new ordinance. He needs to know his city will be hurt in the pocket book by enacting such a moronic discriminatory ordinance.
Click Here for the official website for Mayor John Hickenlooper.
Here is the contact information for Mayor John Hickenlooper
Mayor John W. Hickenlooper
City and County Building
1437 Bannock Street, Suite 350
Denver, CO 80202
Phone: 720.865.9000
Fax: 720.865.8787
E-mail: MileHighMayor@ci.denver.co.us
We live in a Democracy with a supposedly representative government. I am making a call to all bikers and motorcyclist to legally voice your opposition to the new Denver, Colorado ordinance, and make these idiots understand that they will be voted out, and their city will be hurt in the pocket book, unless they shit can the discriminatory ordinance aimed at bikers and motorcyclist, and that no biker or motorcyclist from anywhere in the nation will spend one dollar in Denver, Colorado unless they do.
I am calling for an all out boycott of Denver, Colorado, until this new ordinance is reversed or repealed.
I am asking the 1000’s of bikers and motorcyclist who visit my Biker Law Blog each day to take action on this issue, because the same BS discriminatory ordinance could be coming to a City or State near you, if we let this stand.
I invite all public comments about this new Denver Colorado City ordinance, by clicking the comments button below.
**** 6/10/07 UPDATE: The Los Angeles Times has written an article about this new Denver, Colorado ordinance; click here to read the Los Angeles Times story.
By Norman Gregory Fernandez, Esq., © 2007
Welcome, my name is 
Norman, I’ve just added to my blog on this issue, in the comments field, a link to yours. Telling all to email to the addresses you’ve supplied.
Question I raise in my blog; if you visit Denver (not that you’d want to), coming from another city (or even country), can they fine you ????
Communist Cuba, Nazi Germany or is it DENVER,COLORADO USA???? We lose more rights the Constitution of the United States of America affords us each and every day in some State.
I generally agree with the thoughts expressed on this site, but this is one area where motorcyclist enthusiasts are completely closed-minded. Why is it acceptable for motorcycles to produce noise levels that are on par with a rock concert while driving down public roads? To one of the posters, please don’t bring the constitution into the argument because I’m pretty sure I didn’t read “Right to install obnoxious pipes” when I reviewed the Bill of Rights in elementary school.
I’m not a motorcycle hater at all, but this is one issue that I’m confident 99% of the population agrees on. I wish I could use the “Right to bear arms” when I’m rudely awakened at 2am by a motorcycle outside my window that decides to rip down the street and bask in the glory of his/her loud pipes. Same goes for obnoxious subwoofers and car exhaust systems.
And I’m not sure why this is discriminatory; There have been noise laws for loud sound systems and car exhaust for years.
Of course I was kidding about shooting a biker with loud pipes. My frustration stems from the arguments used by proponents of loud exhaust systems. The most common is the “cagers can’t hear me without these pipes.” I agree an audible warning is very effective, hence the horn installed in every automobile. Bicyclists don’t peddle down the street blaring a fog horn the entire ride and they share the road with cars every day as well. My point is there are more effective ways to alert a dangerous driver. Most aftermarket motorcycle exhaust systems for road bikes are rated at 100db or louder at idle and even louder at 3000+ RPM, that’s unnecessary and rude.
I understand the problem with this one ordinance due to its far reaching efforts, but it reveals the fact these exhaust systems are a public nuisance. The current noise laws aren’t effective so they’re trying something else. It seems they missed the mark with this ordinance, but I bet they reach a compromise and the end result will be good for those of us that don’t want to be subjected to booming, crackling exhaust.
This new law really upsets me. I just recently relocated from Michigan to Denver. I have been a biker for 4 years of my 27 year old life and my parents have been bikers since the 70’s. While my true dual rhinehart set up is not obnoxous, they will definatly not pass this outragous standard for bikers. The ridiculous exhaust systems on “tuner cars” are by far more high pitched and annoying. I will say that some “straight pipe” set ups can be loud, the trains and cars are what wake me in the night. This makes me consernded about even riding to the local store. Colorado is one the most beautiful riding areas in the country and this law can do no good for the Denver area. I am sending emails to all of the officials listed on this forum in hopes of telling them about what a huge and idiot thing they have done.
I live in Loveland, CO so this really hits close to home. Its one thing to pull a bike or car over for loud exhaust. Its an entirely other issue to pull me over when I am quietly rolling down the street to check if I have “EPA” Stamped on my pipes.
Not to mention the Councilmans statement when asked what his main objective was by enacting this bill.
Councilman Rick Garcia voted for the ordinance.
“Hopefully they will stay out of Denver,” Garcia said about the motorcyclists with loud exhaust pipes.
Whens the last time this Garcia guy took time out of his weekend to go raise money for abused children, women, breast cancer, disabled people?
Or the majority of the population of Denver for that matter?
Last year we did a toy run to the Children’s Hospital down there. it was 10 degrees and snowing and over
1000 bikes showed up!!!! This year we cant, its against the law cause our bikes dont bow to the EPA.
Or maybe we do show up and challenge any cop to pull us over to write us all tickets. You show me a cop who will write out a BS ticket like this to a man or woman who took time out of thier day to come and cheer up a child with cancer and that man has no soul.
Respectivly yours,
Frosty
Performing charity work should never be used as an argument for breaking the law. “I donate to the United Way so any cop that tickets me for speeding has no soul.” Your deeds don’t go unnoticed by the recipients of your efforts and two issues are unrelated. Why can’t you have a motorcycle rally without the loud exhaust systems? Do they define you?
I also agree that the same standards should apply to tuner cars. Hopefully motorcycle enthusiasts will make enough noise and the tuners will get a crack of the whip as well.
I am not planning to go for a ride to DENVER!!!
i have been riding in co. since 78 and louder than stock pipes have saved my ass from getting run over 4 times maybe more.some one needs to through a rally or get voters out to get rid of the cities elected officals. I’d go.
Hey Norm, thanks for the city, mayor, etc. links! Now I can use them to voice my SUPPORT of the new ordnance!
The damage loud pipes is doing to the motorcycling community as a whole has got to be stopped. If you all won’t police yourselves with common sense, I applaud Denver and hopefully soon to be many more cities for doing it for you.
“Ken I doubt you are a biker or a motorcyclist. However, no opinions are suppressed on my Blog.”
Been riding continuously for over 30 years and have two bikes sitting the garage below me right now. Rode to work Friday and will again tomorrow.
Makes me wonder how long we will live as a free nation.GSG
Yes. Those people who created that stupid ordinance, Im sure that they are motorcycle haters, they are only rubbish people. I think motorcycles cannot be quiet. With stock pipes, the rider cant hear the engine sound himself/herself when speed goes over 70kmh-+. I think that motorcycle rider must have rights to hear the engine at least himself/herself. No matter with riding speed.
Most of the stock pipes does rape the engine sound, motorcycle must sound like a motorcycle. With stock pipes the motorcycle sounds like sewing machine or lawnmover, that’s what I disagree.
All motorcycle haters are only rubbish people, I hate them very much. So thats why Im planning to let motorcycle haters to die and not help them, when they get in accident. Just riding away.
Im motorcycle rider. My life, blood and soul are dedicated to motorcycles. Motorcycles are the most important vehicles in the whole universe. I care much more of my motorcycle than motorcycle haters life. It’s good thing that I dont live in denver or colorado. I live in finland.
If we motorcyclists must tolerate noise of other peoples noises that they make, they must tolerate sound of our motorcycles. I hope those ordinance creaters gets ****** someday.
Ps. Good luck other motorcyclists, hope you all stay alive and not get in traffic accident. Enjoy of riding a motorcycle.
**** A Note from Attorney Norman Gregory Fernandez, Jake is from Finland and I appreciate his comments and am posting them with one minor ******* edit. I know Jake has good intentions but the way he wrote his comment it could be misconstrued so I edited one word out! Norm
“You exclude yourself from the motorcycle community with you own statement.”
Only in the sense that my bikes have factory quite pipes on them, thus I’m not the target of anti-bike noise actions.
“If you do ride a motorcycle, you do not mind being stopped willy nilly for a motorcycle inspection for EPA stickers at the whim of law enforcement? If you say no, I won’t believe you.”
I’ll answer you two ways: First I don’t believe Denver, or any other municipality for that mater is going to stop all bikes looking for non-EPA approved pipes. Rather, like most all enforcement actions, they’re going to stop the apparent offenders. I.e. – The bike that is loud is the one that gets stopped.
Secondly, even if they did do random inspections, how is this any different than any other? Check points for DUI have been common for years. And have been upheld in the courts. Inspection stop of OTR trucks, same way. If you are in compliance, what’s the big deal of proving it?
Here’s the bottom line folks:
Denver has had a noise ordinance on the books for some time. The police can’t enforce it because they city council won’t provide them funding for decibel meters (about $1,000 each) or the training on how to use them – this comes straight from the Denver Traffic Control Chief. This new ordinance is the council’s way of shotgunning (literally?) the problem.
I am a biker, and have been terrorising the streets of Denver since 1974. I can tell you that some of our machines out on the road ARE ridiculously loud, but these probably represent about 10% of the bikers at large. The same can also be said of the big rigs, as well as the punks out there that put the subwoofers and performance exhausts in their Hondas.
I wrote a very polite and contemplative letter to the Denver City Council the moment I had all the information on this new ordinance, which included my name, address and phone number in case they wanted to discuss the matter – no response as yet. As the owner of this blog has already done, I call upon all bikers to boycott the city and county of Denver until this new ordinance is repealed. Support the AMA, and attend fund raising rallies that will finance a legal attack against this law.
One of the posts here (as well as the AMA) said that we need to police ourselves and, as much as I may love Harleys and my brothers that ride them, I have to agree with this. C’mon guys … leave the bafffles in or we’ll all riding stock machines. If a Harley can’t sound like one we might as well be riding f**kin rice burners 🙁
– Ron –
I think Ron’s comment, “C’mon guys…leave the baffles in or we’ll all be riding stock machines”, is the way we may have to look at the issue. I installed SE mufflers on my 2007 softail as part of a stage 1. I may have preferred louder pipes or mufflers, but sound restriction laws ARE being discussed where I live (Eastern Canada). I can live with the setup I have now, but if I am forced to go back to stock mufflers, it will be a hard pill to swallow. In areas where noise is a sensitive issue, it may be better to go will a little less, rather than risk losing it all.
I have to agree that the law is discriminatory.
I pulled up next to a muscle car the other day and it was a toss up on who was louder. Now my pipes actually have mufflers so I am slightly louder then stock but by no means over the local DB ordineces here in CA. I changed my pipes not for noise but so I could add larger bags. A VW bug could probably beat me out if they tried. So why is it I deserve get pulled over and the VW or Muscle car does not?
As far as horns that is just a joke. The stock horn on most motorcycles is barely loud enough to hear while moving. I cannot go riding down
the road consitantly honking my horn so people hear or see me. I’d get ticketed for that too. In CA we lane share sometimes I use my pipes to notify a driver I am there while they are listening to thier radio, eating thier breakfast and talking on thier phone..the lower bass sound can have a better response…really who is more of a nuisence? Oh I know it would be less noisy or annoying if I share lanes going BEEP BEEP BEEP BEEP the whole way down the road! Heck even the cops out here do it!
I agree that extra loud pipes or displays are annoying and yes those folks that abuse the priviledge should be cited based on the same equitable laws for all vehicles. The same with the guy you pull up next too next to who’s radio is soooo loud your car is shaking from the bass booming from his speakers.
BTW….I went out and looked at my stock pipes. The stamp is on the inside of the muffler…not readily seen by anyone. So even with stock pipes I can be pulled over and hassled just because? Looks like it to me.
No problem I’ll just avoid the Denver area I have no business there anyway. Again we are at that point where an area does not realize dthe number of people or amount of money they are choosing to ailenate. I’m not running out and putting my stock pipes back on or buying
brand new ones for the pleasure of visiting that city…not worth it…used ot live there…no need to go back.
I agree with Bluerose. I have no business in Denver and no family. Too many other places to go in the USA. Why go there and risk being hassled??? I think crotch rockets are annoying. That bee buzzing, humming awful loud sound….they ought to have those dudes lined up and check the sound levels of those things. Yes indeed Norm……Harley Davidson/Honda logos on the back of our t-shirts!!!! We ought to start stock piling them now before we can no longer buy them. It is enough to make a true Harley person puke!!!!
Sure makes me glad after I did 26 years fighting to give these folks “Freedom” that I remained in Japan where at
least I can understand why they are all messed up. Who do these people think that they are? What next why not ban Cokes, fries, and all fast food and get rid of the fat folks? I know maybe make a law about fools with neckties that must be too tight and cut the blood flow off to their tiny brains. Get real I will never again if in that Co area waste a penny of my hard earned money on such a place. To the residents of Denver Move out, take your bussiness elsewhere. Let the Money hungery narrow minded politicians have their way with themselfs.
God help you all cause with these folks looking after your well being I would be real worried
C.E. I agree with you as well. Very good comment. I am serious about buying Harley Davidson dealership logo T-shirts. I would not buy one with the Honda logo attached with the Harley Davidson logo. I hate to say it but Ken is correct about his comment on Harley’s not being 100% made in the USA. True NASCAR fans were upset when Toyota sponsored a team. Toyota has a plant in Owensboro, Kentucky and the Toyota is 100% assembled in the USA and we know what has happened with the BIG THREE, Chevrolet, Ford and Chrysler plants. Too many American Icons are now made outside the USA. Us smokers are most likely smoking tobacco made in other countries. I have family in Kentucky and Ohio on the Ohio River who are paid by the US Government “NOT” to plant tobacco on their land. That is hard to swallow as well. The USA is no longer a Superpower and other countries are scratching their heads and wondering what has happened. We are no longer The Land of the Free!!!!! Who would have thought we’d pay a dollar or more for a bottle of water and be told what kind of pipes we are “allowed” to have on our bikes. Buy Harley T-shirts….they will be worth a small fortune!!! Ha. It is really not funny…..makes me sick to think about it.
IS THERE ANYTHING THAT WE CAN DO TO REPEAL THIS LAW OR MAYBE CAHNGE IT? DO WE HAVE A LOBBYIST? WE CAN’T JUST SIT THERE AND DO NOTHING! SOMETHING HAS TO BE DONE. THERE IS POWER IN NUMBERS, ISN’T THERE?
I AM WILLING TO TAKE MY PART! WHAT ABOUT THE REST OF YOU?
“NOODLES”
“NOODLES”!!! HEY MAN! Where you been? Welcome! I am with you. I’ll do my part as well. You are right. We must do something. Any ideas Norm??
Norman, thank you for listing the Denver City Council info. I sent them all emails. I work downtown as a Paramedic and put to them an equally myopic situation; my potentially showing up in an emergency and ignoring the protocols of medicine under which i practice, and randomly and ignorantly deciding who in their family to save and who to let pass on.
which would be insane of course, but that is nearly the point.
How do they randomly choose to target motorcycles with this ordinance?
And not simply noise based, but lack-of-sticker based?
Anyone have any good leads on ‘imitation’ EPA stickers?
I think i might create a mass printing of say 1000 or so, and hand them out to all moto enthusiast friends.
bump
Is it safe to ride to Sturgis (2008 bike week) from Texas via I25 through Denver, or will it be like shooting ducks in a barrell, and all bikers will be stopped for EPA standards checks and $5oo fines issued. The more I read about Denver the less I like it.
Hi, This is a crazy law that needs to be ammended. I have a question. I live in Houston, TX and a small group of us are riding to Sturgis this August (2008). Do you think we will run into trouble if we ride through on the main hwy and not stop at Colorado Springs and/or Denver. We are all using aftermarket pipes on our Harleys but always ride respectful of others, and our bikes are no louder than the big rigs that are on the hwys.
If there is a ten percent chance of us being pulled over on the freeway through Denver or Colorado Spings then I will find an alternate way.
So if someone local to those areas could reply I would appreciate it.
Thanks .
Joe
This post was not allowed!
Very good blog…
Come on guys what do you think is going to happen if you keep putting loud pipes on? Most people (me included) do not want to hear your pipes!!! Plain and simple. If the people that want to hear their pipes would have listened to the AMA and H-D and policed themselves this would not be an issue right now.
This law was one that was on the books since 1982, it is about time that someone is starting to enforce it. I hope that other cities/states follow suit on this one.
the EPA rule is for cars too. Cars must not bee too much of a problem in Denver
You can run aftermarket pipes if you want, but they must be EPA compliant and stamped as such ie 82db peak volume for modern bikes (the car standard only is 74db)
a little about me.
I have been riding for about 18 years now, but I will take a jap sport-touring bike over an v-twin any day. I have had pipes that were stock and aftermarket (aka louder) But I have never ran obnoxious, smooth bore straight pipes on ANYTHING. I have never seen why the v-twin riders (mostly) were able to ride machines with exhausts that have NO business on local roads. or why I have to wear earplugs when I ride with my v-twin buddies (even the metric ones)
Just to put a little spin on this, we are having the same battle here in Wisconsin over snowmobile exhausts and closed public land because of the 10% that think that everyone wants to hear their pipes..
PS, I hate the sound of loud ricers as much as harleys, but the bass of a V-twin carries MUCH further as bass is non directional.
My 2 cents
ride safe
Wow. ‘rights’ As if you have a God-given ‘Right’ to ride your motorcycle. NO. Driving is a privilege. You DO NOT have a ‘Right’ to drive. The state ALLOWS you to drive. To do so you follow their rules, their guidelines, their laws. I’m surprised Norman never mentions that here, him being a lawyer and all. You want to ride in Denver, travel through it? Follow the law. Do not put annoying loud pipes on your bikes. It’s pissed enough people off that something was done about it. Hopefully Norman will let THIS message be posted here.
I totally agree with you.
Not sure how I stumbled on this blog but it is a pretty hot topic judging by some of the comments posted. Anyway I thought i would chip in so here goes…
First up I have to say I am not a fan of loud motorcycle pipes. I do not believe they have any purpose other than to herald an entrance. My view is that better alternative to loud pipes would be to sell the motorcycle, buy a scooter, and use the leftover cash to hire your own private Mariachi band to precede you wherever you go. Far more entertaining for the masses and probably gives the desired effect of trumpeting your arrival!
Joking aside, I think some people may be missing the key question, which to me is what is it about bikers that seem to encourage these kind of actions which seemed to be designed to “drum bikers out of town” We need a pretty good spin doctor to promote the positives of motorcycling rather than the negatives. Can’t see it happening any time soon though…
By the way Norm (is it OK to call you Norm?) I have 3 questions…
1 is that really a picture of you at the top of the page?
2. Do you dress like that in court?
3. If the answer to Q2 is yes, can I hire you if I get into any bother when I visit the US? It would be worth getting a ticket in Colorado just to see you get up in court to defend me.
Great Blog by the way, nice crowd you’ve got in here…
Best regards, Mike
As a biker living near Denver, I can assure you there is no reason for anyone of us to ride into Denver now. The mountains provide a beautiful ride as opposed to the rutted, crap streets of Denver anyway.
Motorcycle riders represent a very small voter population, hence city-state governments could give a shit about what WE think. Rather, what is required is to collectively (and quietly) use all opportunities to make political statements as to the repercussions of discriminatory ordinances. Perhaps some input from the manufacturers of after-market exhausts (and other performance parts) since these laws will require them to expend funds to get their stuff EPA certified. S&S has already begun marketing both EPA and TuV exhausts (for our European brothers), who by the way, have to put up with way more shit than we do. The price tags have in some cases tripled the price for even simple mufflers–all to get that EPA statement. So keeping your exhaust stock, or returning it to stock, at least for now isn’t a huge price difference…at least until the bike mfrs get the idea they can jack up their prices! Retroactive application of EPA regulations BTW should be covered under “ex-post facto law” e.g. no one in Denver is ticketing 1988 vehicles for not complying with CURRENT EPA regs…these vehicles were compliant as of the date of manufacture. To require constant currency with ever changing regulations requires the purchase of a new vehicle (or retrofitting to meet compliance)…I guarantee you if anyone started imposing those same restrictions on cages, they would be a cry heard in heaven! Not to mention older classic and antique vehicles. Again its much easier to pick on a minority segment of the population, primarily due to voter apathy.
We need better press coverage…we need help from the after market community…we need help from ALL bikers. Biker do not generally have a positive image (largely due to the fact that we like it that way 😉 There are Veterans MCs and Police MCs, and others who can share their voice(s)… all can help with at least the aftermarket part of this. In this economy we can’t afford to affect an entire industry’s livelihood. We’ve been doing our part all along: Bikes generally get better gas mileage than Hybrids and Diesels!!!!
As a biker living near Denver, I can assure you there is no reason for anyone of us to ride into Denver now. The mountains provide a beautiful ride as opposed to the rutted, crap streets of Denver anyway.
Frustrated Houston Cop, I too am sick and tired of the hedonistic/narcissistic operators of motor vehicles, cars and motorcycles, which invade our right to privacy in our homes and in our automobiles by flaunting their unreasonably loud and illegal “aftermarket” exhaust/muffler systems. I am a patrol officer working the streets of far west Houston Texas and decided to take the bull-by-the-horns and begin enforcement relevant to these loud mufflers. Guess what? I was pulled into an office by my supervisors and ordered, in writing, to stop issuing citations to noisy motorcycles. Why? Supervision believes that, according to Texas state law, if a motorcycle or automobile has a muffler it is legal…does it?…What does the Texas State Transportation Code require?
§ 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.
You see, a motor vehicle must be equipped with a muffler….I agree, but that muffler MUST DO SOMETHING! The second half of section (a) mandates that said muffler must “continually operate[s] to prevent excessive or unusual noise.”
I’ve been informed that the citizens of Houston Texas are not complaining about the noisy exhausts and that the law, as it is currently written, is too subjective and therefore not enforceable. I respectfully disagree.
If it is possible for this posting to find it’s way to a Houston newspaper or an alternative method of notifying the citizens of Houston of my attempt to stop the intrusive and abusive noise emanating from illegal “aftermarket” muffler systems I beg you…please ask the Mayor of Houston, Bill White, and the City Council….Let the police do their job and put an end to the hedonistic/narcissistic abuse of excessively loud and illegal mufflers on the streets of Houston. Please, let me do my job!
Thanks for spreading the word Mike. My blog has been getting so many hits after I posted this article that it went down for a while.
Of course they can fine anyone riding in the city for a violation of the ordinance. This is nothing but another way for big brother to add revenue to the city coffers by discriminating against bikers and motorcyclist!
I hope that someone organizes a protest and that 1000’s of bikers show up at city hall.
I also hope that they receive tens of thousands of emails from people supporting the boycott that I have called for.
Norm
Matt the issue here is one of discrimination and not noise. If noise were the issue, Denver would have made this law applicable to all motor vehicles. Instead they are only targeting Motorcycles.
They already had noise laws on the books for all vehicles. This particular ordinance only targets motorcycles. I have a problem with that.
I am sure you are kidding about wanting to use deadly force or the “Right to Bear Arms” to solve a noise problem, and to make your point, or at least I hope so.
Norm
There were already noise laws on the books for this exact issue. What this new law really does is give the Police an excuse to pull over any biker and motorcyclist that they want and harass them.
Let me tell you something, on the road big rig trucks are deafening. Trains are outrageously loud too. Federal Law requires trains to blast their horns at every intersection so that cars or cagers will know that they are coming.
Motorcycle horns for the most part are useless at getting a car or cagers attention. Heck, I have seen people in cars not hear emergency sirens on police and fire trucks and blast through intersections.
Now imagine being on a motorcycle dealing with the same thing?
I am making no predictions on this one. Denver has gone way too far.
Norm
Well Jeremiah I feel for you man. I love riding in that area too. The only way to get the law repealed is to hit them where it hurts, vote them out, public rallies and protest, and a boycott.
You are basically screwed as of July 1, 2007. You better get yourself a set of stockers to put on in case you are stopped!
Norm
Frosty you need to send these people an email telling them what you posted here. Better yet, why not get a 1000 bikers to show up at the next council meeting. It is not too late to get this thing stopped! I only wish I was there to help you.
Norm
Heck Fat Bob, if something big were organized I would ride out if I could, or fly in depending upon how much notice I get.
Norm
Ken I doubt you are a biker or a motorcyclist. However, no opinions are suppressed on my Blog.
Norm
If that is true Ken then why do you talk about the motorcycle community in the third person, i.e.,
“If you all won’t police yourselves with common sense, I applaud Denver and hopefully soon to be many more cities for doing it for you.”
You exclude yourself from the motorcycle community with you own statement.
If you do ride a motorcycle, you do not mind being stopped willy nilly for a motorcycle inspection for EPA stickers at the whim of law enforcement? If you say no, I won’t believe you.
Norm
A DUI checkpoint, and randomly stopping motorcyclist to inspect their motorcycles is a whole different matter.
A motorcycle is not a OTR truck.
I do not have any faith that this law will be enforced the way you say. I believe that it will be abused. Look at the comment above about EPA compliant motorcycles that do not have EPA stamps on the pipes.
Luckily for me, I do not live in Denver. I am a law abiding citizen. I object to the possibility of being pulled over by law enforcement for no reason whatsoever other than the fact that an officer may think by bike is loud, or for a pipe inspection, when I am out riding. The law is overly broad.
In the end, I will get the reports from Denver and pass them on to all of you.
Norm
I feel the same way C.E.!
Norm
5 ideas to start with; (1) Organized boycott of any city that discriminates against bikers. The boycott must be publicized and quantified so that business people know how much money they are losing by bikers not spending money in their city. This also includes organized protest at city hall and state capitals; (2) Vote any person out of office that enacts or supports this type of discrimination; (3) Lobby at the State level for legislation that is biker friendly, and that circumvents local ordinances from usurping State law; (4) Vote persons out of State office that do not support said legislation; and (5) Self moderation. Bikers must put pressure on each other not to run open pipes and to moderate our noise to reasonable levels. In other words peer pressure.
Another option would be to challenge laws that are discriminatory using the legal system.
I would like to hear other ideas.
Norm
Joe you probably already know the answer to your question! Do a Google search on the Denver noise ordinance issue. Basically it is a hit or miss proposition!
Norm
Everyone who knows me knows that I allow free speech on the Biker Law Blog so long as there is no bashing.
Casca you went too far in bashing bikers so your post was edited out by me. Rather than engaging in intelligent debate on the subject, you choose instead to do an all out bash against bikers.
I am not going to allow that kind of crap on my blog!
Norm
Since you mentioned me directly, I will respond to you by saying that all bikers and motorcyclist should boycott Denver until they stop their discriminatory harassment of bikers.
Be pissed; you do not need our money!
Norm
Mike H., it is OK to call me Norm. To answer your questions;
(1) Yes that is a picture of me at the top of the page;
(2) No I don’t dress like that in Court. Men are required to wear a suit and tie in California; and
(3) I could not represent you in Colorado unless I did a special motion and it was approved. I am a California lawyer and absent a special motion, can only do cases in California and U.S. Federal Court.
Thanks for your comments,
Norm