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Old 05-05-2010, 10:51 AM   #181
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Quote:
Originally Posted by Bevo View Post
Yea, and be prepared for a civil lawsuit. The person being antagonized, unless you physically restrain or corner them, can always walk away
Civil suit or not - you're still getting an -kicking. Besides, depending upon what you actually said, your civil suit may carry no weight.

Actions have consequences Bevo. With rights come responsibility. If you're not willing to exercise your rights responsibly, don't be surprised if someone else exercises theirs in a manner you may not appreciate.
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Old 05-05-2010, 10:51 AM   #182
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Old 05-05-2010, 10:53 AM   #183
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Old 05-05-2010, 10:53 AM   #184
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Old 05-05-2010, 10:55 AM   #185
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Quote:
Originally Posted by 20g86a View Post
The legal dba is 80 for a street motorcycle in the United States. There was a dba of 83 in the early 80s or 70s but that was adjusted via the EPA.
Again, please provide statutory support, not just your personal assertion.
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Old 05-05-2010, 10:56 AM   #186
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Quote:
Originally Posted by honorsdaddy View Post
Civil suit or not - you're still getting an -kicking. Besides, depending upon what you actually said, your civil suit may carry no weight.

Actions have consequences Bevo. With rights come responsibility. If you're not willing to exercise your rights responsibly, don't be surprised if someone else exercises theirs in a manner you may not appreciate.
Speech is an action? I think it's against the law to put your hands on someone for something they said, unless they violated the law by saying it
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Old 05-05-2010, 11:00 AM   #187
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Quote:
Originally Posted by DrAwkwArD View Post
Beating someone's is a right? That's a new one to me.
No, it isn't, but there are things recognized as "fighting words" - words that legally earn you an -kicking, or as the judge put it in the case, "an invitation to fisticuffs".

Some of us still take our personal honor quite seriously, and if you're going to publicly question or attack it without cause or justification, you should expect to have your publicly beaten.
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Old 05-05-2010, 11:02 AM   #188
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Quote:
Originally Posted by Bevo View Post
Speech is an action? I think it's against the law to put your hands on someone for something they said, unless they violated the law by saying it
See that part I put in bold?

There are things you can say to someone which legally fall under the heading of "fighting words".

I'll see if i cant dig the citation up, but I'm at work and it would be a little time consuming.
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Old 05-05-2010, 11:09 AM   #189
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Old 05-05-2010, 11:15 AM   #190
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Quote:
Originally Posted by Pyrofallout View Post
So let me get this straight, someone was driving, talking on their cell phone, but did not come into your lane or cut you off or anything, you just decided since they were on a cell phone, and presumably not in a school zone where it would be illegal, you went next to their window and unnecessarily pegged your throttle to make your exhaust scream? If so, that's retarded. Sure glad Mr. Holstclaw is over there in that area to show you what's up.
No you JACKASS! I did it cause the idiot like yourself was moving around in his lane not coming onto mine yet but still he could have! And yea i did that so his will pay more attention! YOU MUST BE THE ONE OF THE JACKASSES WHO TEXT/TALK WHILE DRIVING RIGHT "JACKASS"
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Old 05-05-2010, 11:15 AM   #191
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It's a good thing he posted that so many times, I didn't see it the first few times.
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Old 05-05-2010, 11:16 AM   #192
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Quote:
Originally Posted by honorsdaddy View Post

I'll see if i cant dig the citation up, but I'm at work and it would be a little time consuming.
Better find it fast before I whip your
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Old 05-05-2010, 11:17 AM   #193
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TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER G - NOISE ABATEMENT PROGRAMS

PART 205 - TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS

subpart d - MOTORCYCLES

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 205.151(a)(2)(ii): ------------------------------------------------------------------------ A-weighted Model year noise level (dB) ------------------------------------------------------------------------ (A) 1983.............................................. ...... 83 (B) 1986.............................................. ...... 80 ------------------------------------------------------------------------ (ii) Street motorcycles that meet the definition of 205.151(a)(2)(ii)(moped-type street motorcycles): ------------------------------------------------------------------------ A-weighted Model year noise level (dB) ------------------------------------------------------------------------ (A) 1983.............................................. ...... 70 ------------------------------------------------------------------------ (2) Off-road motorcycles of the following and subsequent model years must not produce noise emissions in excess of the levels indicated: (i) Off-road motorcycles with engine displacements of 170 cc and lower: ------------------------------------------------------------------------ A-weighted Model year noise level (dB) ------------------------------------------------------------------------ (A) 1983.............................................. ...... 83 (B) 1986.............................................. ...... 80 ------------------------------------------------------------------------ (ii) Off-road motorcycles with engine displacements greater than 170 cc: ------------------------------------------------------------------------ A-weighted Model year noise level (dB) ------------------------------------------------------------------------ (A) 1983.............................................. ...... 86 (B) 1986.............................................. ...... 82 ------------------------------------------------------------------------ (3) Street motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(1) of this section, for an Acoustical Assurance Period of one year or a distance of 6000 km (3730 mi) after the time of sale to the ultimate purchaser, whichever occurs first.

(4) Off-road motorcycles must be designed, built and equipped so that, when properly maintained and used, they will not produce noise emissions in excess of the levels specified in paragraph (a)(2) of this section, for an Acoustical Assurance Period of one year or a distance of 3000 km (1865 mi) after the time of sale to the ultimate purchaser, whichever occurs first.

(5) At the time of sale to the ultimate purchaser, all products must comply with the standards set forth in paragraphs (a)(1) and (2) of this section.

(b) Measurement procedure. (1) The standards set forth in paragraph (a) of this section refer to noise emissions as measured in accordance with the measurement methodology specified in Appendix I1 for all motorcycles except those street motorcycles that meet the definition of 205.151(a)(2)(ii).

(2) The standards set forth in paragraph (a) of this section for street motorcycles that meet the definition of 205.151(a)(2)(ii) (moped-type street motorcycles) refer to noise emissions measured in accordance with the measurement methodology specified in Appendix I2.

(c) Low noise emission product standard. For the purpose of Low-Noise-Emission Product certification pursuant to 40 CFR part 203, motorcycles procured by the Federal government after the following dates must not produce noise emissions in excess of the noise levels indicated: (1) For street motorcycles with engine displacement greater than 170 cc: ------------------------------------------------------------------------ A-weighted Date noise level (dB) ------------------------------------------------------------------------ (i) January 1, 1982......................................... 73 (ii) January 1, 1989........................................ 71 ------------------------------------------------------------------------ (2) For off-road motorcycles with engine displacements greater than 170 cc: ------------------------------------------------------------------------ A-weighted Date noise level (dB) ------------------------------------------------------------------------ (i) January 1, 1982......................................... 75 ------------------------------------------------------------------------ (3) For off-road motorcycles with engine displacement 170 cc and lower and street motorcycles with engine displacement 170 cc and lower that do not meet the definition of 205.151(a)(2)(ii): ------------------------------------------------------------------------ A-weighted Date noise level (dB) ------------------------------------------------------------------------ (i) January 1, 1982......................................... 71 ------------------------------------------------------------------------ (4) For street motorcycles that meet the definition of 205.151(a)(2)(ii) (moped-type street motorcycles): ------------------------------------------------------------------------ A-weighted Date noise level (dB) ------------------------------------------------------------------------ (i) January 1, 1982......................................... 60 ------------------------------------------------------------------------ These levels refer to noise emissions as measured in accordance with the measurement methodologies specified in appendix I. LNEP's must also meet all requirements contained in paragraphs (a)(3), (4), and (5), of this section.

Read more: http://cfr.vlex.com/vid/205-152-nois...#ixzz0n4YGG4hQ
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Old 05-05-2010, 11:21 AM   #194
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Quote:
Originally Posted by 20g86a View Post
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):

------------------------------------------------------------------------
A-weighted
Model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.............................................. ...... 83
(B) 1986.............................................. ...... 80
------------------------------------------------------------------------
Oooh - sorry - you fail.

That ONLY applies to time of purchase. There are precisely zero requirements after sale, and since Texas does not require emissions testing of motorcycles, the EPA emissions recommendations do not apply to the owner - merely the manufacturer.

Thanks for playing though.

Care to try again, Officer Dredd?
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Old 05-05-2010, 11:24 AM   #195
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Quote:
Originally Posted by Bevo View Post
Better find it fast before I whip your
ask and you shall receive:

Chaplinsky v. New Hampshire
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Old 05-05-2010, 11:24 AM   #196
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STATE MOTOR VEHICLE NOISE LAWS

State law requires the DMV commissioner to adopt regulations, with the advice of the Department of Environmental Protection, that establish maximum permissible noise levels for all motor vehicles, including motorcycles. The law prohibits anyone from operating any vehicle at any time or under any condition in a manner that exceeds the maximum decibel level established for the vehicle. It also prohibits an owner from allowing his vehicle to be operated in violation of these maximum noise levels. Additionally, no one may sell or offer a new vehicle for sale if it produces a maximum noise level that exceeds the level established in the regulations (CGS 14-80a(a) and 80a(b)).

The law also authorizes the DMV commissioner to establish a procedure for checking maximum noise levels of vehicles. The noise level must be measured 50 feet from the centerline of the vehicle. If the test procedure provides for measuring the noise from closer than 50 feet from the vehicle, the measuring devices must be calibrated in a way that creates an equivalency to measuring the sound at a distance of 50 feet.

The DMV regulations establish a specific maximum permissible decibel level for motorcycles for several types of operating conditions (see Table 1, below).

Defective/Improper Mufflers

State law also requires all motor vehicles to be "operated, equipped, constructed and adjusted to prevent unnecessary or unusual noise. " It requires that vehicles with internal combustion engines be equipped with a muffler designed to prevent excessive, unusual, or unnecessary noise. The muffler must be "maintained by the owner in good working order and shall be in use whenever the motor vehicle is operated. " The law prohibits anyone, including a motorcycle dealer, from installing, and prohibits anyone from using, a muffler that lacks interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout, or a straight exhaust, except in permitted racing events or exhibitions. Also, the law prohibits the use of any mechanical device that amplifies vehicle noise. The law prohibits anyone, including a repairer or motorcycle dealer, from removing all or part of a muffler except to repair or replace it to more effectively prevent noise. Finally, it prohibits anyone from using any extension or device on the exhaust system or tail pipe that will cause excessive or unusual noise (CGS 14-80(a) and 80(b)).
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Old 05-05-2010, 11:26 AM   #197
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Oooh - sorry - you fail.

That ONLY applies to time of purchase. There are precisely zero requirements after sale, and since Texas does not require emissions testing of motorcycles, the EPA emissions recommendations do not apply to the owner - merely the manufacturer.

Thanks for playing though.

Care to try again, Officer Dredd?
That's what I highlighted
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Old 05-05-2010, 11:27 AM   #198
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Also If youread above Caligone has been breaking the law lmao, with his exhaust work.
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Old 05-05-2010, 11:30 AM   #199
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Quote:
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ask and you shall receive:

Chaplinsky v. New Hampshire
1) I don't live in that freaking gay state
2) Chaplinsky wasn't assaulted for his speech nor did he sue for assault
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Old 05-05-2010, 11:30 AM   #200
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Really? Got proof of this claim? Bear in mind, it must be proof under TEXAS statute, not the made up ones in your head.
I've seen one along those line...looks like someone posted some or all of it(was too lazy to read it all)

Quote:
+1

also to the officer,
since u feel quite strongly on enforcing the noise ordinance, can do you anything about the neighbors mowing their lawns, while i'm trying to sleep? you say that loud motorcycles diminish the quality of life to the people that have to listen to it, but what about my quality of life while i'm trying to get some rest?

just after some quick research, a lawn mowers sound levels average 90 db. a motorcycle slip on averages around 100db i believe. the website the other board member posted shows a legal limit of 65 db. although both devices are way over the legal limit, the motorcycle is usually just a brief fleeting moment that goes by. on the other hand, the neighbors lawn mower is outside my window for 10-20 min at a time, depending on which part of the yard he's working in. On top of that, he may even use a leaf blower which is probably over the legal limit as well....
It's addressed in the ordinances...go look. :-)
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