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From a police officer on Revscene
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Noisy Motorcycles
Why don't you do anything about noisy motorcycles? This is a common question when the weather is good and the Harley's are out in force. It's a good question too, why don't the police do anything about this?
The situation puts me in mind of an excessive noise trial I once watched in traffic court. The presiding Justice of the Peace found the driver guilty and commented "You are not a criminal, you are nothing but a social pest!" This is the category that excessively noisy motorcycle owners are in. It is one of nuisance rather than one of safety. Given a choice between the two, the safety related violations must be a priority for enforcement.
Having said that, nuisances must also receive some attention. The Motor Vehicle Act Regulations do help somewhat in this regard. They state that the opinion of an inspector as to whether the engine and exhaust noise is greater than that made by other vehicles in good condition of comparable size, horsepower, piston displacement or compression ratio shall determine whether exhaust gases are expelled with excessive noise. This standard is fairly straight forward, wouldn't you think?
Unfortunately, this is not so. In my experience, a conviction for not having a muffler at all is difficult to obtain, and an unnecessary noise conviction based on the opinion of an inspector is virtually impossible. I have never had a civilian witness available to bolster the opinion, and perhaps that is what is missing for a conviction.
What about noise measurements? The 91 dBA limit for motorcycles must enforceable. Again, there are difficulties with this as well. This standard is for testing in an inspection station, and the police are working at the roadside, without the benefit of a measuring device.
I still try and deal with the loudest of the loud, but the riders know it is unlikely that they will be convicted and often tell me so at the roadside. I don't have the answer to your complaint yet, but I'm working on it.
Note: This column is based on traffic law for the Province of British Columbia current at the time of writing. These laws may be different in other jurisdictions.
Reference links may be found at: http://www.island.net/~cihp/column.html.
________________________________________________________________
Noisy Motorcycles
Why don't you do anything about noisy motorcycles? This is a common question when the weather is good and the Harley's are out in force. It's a good question too, why don't the police do anything about this?
The situation puts me in mind of an excessive noise trial I once watched in traffic court. The presiding Justice of the Peace found the driver guilty and commented "You are not a criminal, you are nothing but a social pest!" This is the category that excessively noisy motorcycle owners are in. It is one of nuisance rather than one of safety. Given a choice between the two, the safety related violations must be a priority for enforcement.
Having said that, nuisances must also receive some attention. The Motor Vehicle Act Regulations do help somewhat in this regard. They state that the opinion of an inspector as to whether the engine and exhaust noise is greater than that made by other vehicles in good condition of comparable size, horsepower, piston displacement or compression ratio shall determine whether exhaust gases are expelled with excessive noise. This standard is fairly straight forward, wouldn't you think?
Unfortunately, this is not so. In my experience, a conviction for not having a muffler at all is difficult to obtain, and an unnecessary noise conviction based on the opinion of an inspector is virtually impossible. I have never had a civilian witness available to bolster the opinion, and perhaps that is what is missing for a conviction.
What about noise measurements? The 91 dBA limit for motorcycles must enforceable. Again, there are difficulties with this as well. This standard is for testing in an inspection station, and the police are working at the roadside, without the benefit of a measuring device.
I still try and deal with the loudest of the loud, but the riders know it is unlikely that they will be convicted and often tell me so at the roadside. I don't have the answer to your complaint yet, but I'm working on it.
Note: This column is based on traffic law for the Province of British Columbia current at the time of writing. These laws may be different in other jurisdictions.
Reference links may be found at: http://www.island.net/~cihp/column.html.