ASK A COP: Texas has no decible restriction for motorcycles

Published 10:44 pm Monday, March 7, 2016

Texas has no decible restriction for motorcycles

Janice from Port Neches asks: Officer Antoine, thank you for taking time to educate our community’s motorists. Personally, I agree with many readers before me that a wealth of driving information has been passed from you to ALL motorists who have had the opportunity to pick up a Tuesday edition of the Port Arthur News and read “Ask A Cop.” I’ve been driving for many years and because of this article, I feel like scales have fallen off my eyes about the laws and dangers of our roads. My husband and I were coming from church last week and we were in a very good spirit because our Pastor taught a wonderful lesson from God’s Word. But that seemed short lived because while we were at a red light, someone pulled right next to us on a very loud motorcycle and revved up the motor, which almost made me leap out of my seat. Officer Antoine, I tell you, the most awful sound came from that motorcycle and as I looked at him, he had this silly grin on his face because he knew very well he startled me. Don’t’ get me wrong, I’ve heard motorcycle noise before, but this was over the top for noise. Officer Antoine, is there a certain level of noise/sound that can be emitted from a motorcycle or car/truck?

Answer: Good question, Janice! You are not alone, Janice. I’m sure that many readers and motorists alike have had an encounter with a motorcycle or vehicle on the roadway that emit very loud noise. Janice, many states have maximum noise decibels levels that cannot legally be passed, but Texas doesn’t have a decibel level for motorcycle/motor vehicle noise level.  According to the Texas Transportation Code 547.603, “A motor vehicle must be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise. A person may not use a muffler cutout, bypass, or similar device on a motor vehicle. Janice, I’m sorry you had to endure this noise nuisance. It sure sounds like the motorcycle driver that revved up his bike at the intersection, and scared you out of your skin, was in violation of this section of the code. Today, there are many motorists who want the loud noise emitting from their vehicle, but if you modify the muffler against this code you will be issued a citation. Janice, it is recommended for you to check your city ordinance to see if there is an additional ordinance for noise from a motorcycle or vehicle. Keep in mind, Janice, laws are not made until there is a problem! It will boil down to the Police Officer’s judgement. Janice, I’m glad you had your seatbelt on or you would have been in your husband’s lap!

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Keith from Port Arthur asks: Officer Antoine, when I am stopped by a Police Officer and he approaches my vehicle, does my passenger have the right to record the interactions between me and the Officer? I was stopped outside Dallas last month and my girlfriend was recording with her cellphone, and the officer asked her to stop recording him. He even went as far as asking her for her information. Was he right? Thanks for your help and keeping the roads of my city safe!

Answer: Good question, Keith! Well, of course you can’t tell the entire story and even when you are finished, I’ll only have your side. Yes, your girlfriend has the right to record the interactions between you and the Officer. If I read your question correctly, you stated the officer “Asked” your girlfriend to turn off the camera. Keith, the Officer is entitled to “ASK” anything of your girlfriend! Now, the fine line that you don’t want to cross is called “INTERFERENCE” with a Police Officer. Keith, I’ve only been a police officer since 2000, but I’m kinda on edge when a stranger is pointing something at me. It could be understood that the Officer’s attention is easily turned from you and start to deal with the person filming. If you are going to film, make sure you keep a safe distance away from the officer for his and your safety, and by all means shut your mouth and don’t INTERFERE!!!

Mary from Nederland asks: Officer Antoine, I’m hoping you can help me settle something in my mind about signaling while driving. I see some cars if they are in the right lane and preparing to make a right turn, do I have to turn on my signal even if it’s a right only turn lane?

Answer: Good question, Mary! Yes, Yep, Surely do…Please do! All of these and many more are applicable Mary when it comes to turning on your signal with intent to turn. It doesn’t matter if you are in a right turn only lane, you are still responsible for signaling all motorists, pedestrians and bicyclists that your intent is to turn right by activating your right turn signal! Mary, and the turn signal MUST be turned on at least 100 feet continuously before making the right turn.

Join Officer Antoine for Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday for 1 hour from 1p-2p. Tune in and listen as Officer Antoine discusses in detail the newly released “Ask A Cop” article that printed in The News. You can also tune in via internet at www.ksapthebreeze.org . Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. Remember to email your questions to rantoine@portarthurpd.com , or call 409-984-8541 and leave a voice mail question, or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you can Ask A Cop!