can any lawyers on here chime in with an opinion
#51
06-07-2011, 05:05 PM
More about Loud Pipes in Nanaimo
Here is a letter that was written to the Nanaimo Daily News. It provides a little more insight into the situation in Nanaimo with the RCMP.
I am writing to you today as an avid motorcyclist in the city of Nanaimo.
A co-worker of mine spoke with the RCMP today about the program started at the Nanaimo Detachment to test and fine the owners of motorcycles with loud pipes.
While I admit that the pipes on my motorcycle are loud, I do believe that they have saved my life more than once on the roads and highways on Vancouver Island. I feel that this program is discriminatory and therefore unconstitutional.
One of the concerns that was brought up to the RCMP Traffic Division was the fact that my particular style of motorcycle, and many others, do not come with stock tachometers. Without this on a motorcycle there is no way to definitively determine where half throttle is on a bike.
We were told the determination would be made by a full quarter turn on the throttle as the determined rate. This is not scientific at all. Everyone's judgment differs and if it is simply left to the RCMP, they could tell you to continue turning the throttle until the decibel reader goes over 91, which is not really that high by the way. Also it is important to note, that a quarter turn of the throttle could be less or more than half throttle depending not only on the make and model of motorcycles, but also the specific bike. There are many legal modifications that can be made to a motorcycle that would change the throttle range, such as air or fuel intake kits that allow for better fuel economy. Their simple quarter turn will simply not work in a legal sense to me.
Secondly, the RCMP were asked about a rider refusing to take part in the testing of the motorcycle as this is in no way a scientific test. We were told that if we refused, our bikes would be immediately towed as unsafe on the road. I would really like that clearly defined as the bike must be safe for a rider to get on it unless he does not care about his life.
Finally, the RCMP were asked about providing a venue for citizens to bring their motorcycles to be tested. The RCMP are always talking about being community minded. This would be a great proactive approach to allow riders to know where they stand. They said that they had talked about this and decided against providing this service and that it was not their job.
I am disgusted with their attitude and discrimination that they are clearly willing to show to motorcycle enthusiasts.
Iain S. Smith
A co-worker of mine spoke with the RCMP today about the program started at the Nanaimo Detachment to test and fine the owners of motorcycles with loud pipes.
While I admit that the pipes on my motorcycle are loud, I do believe that they have saved my life more than once on the roads and highways on Vancouver Island. I feel that this program is discriminatory and therefore unconstitutional.
One of the concerns that was brought up to the RCMP Traffic Division was the fact that my particular style of motorcycle, and many others, do not come with stock tachometers. Without this on a motorcycle there is no way to definitively determine where half throttle is on a bike.
We were told the determination would be made by a full quarter turn on the throttle as the determined rate. This is not scientific at all. Everyone's judgment differs and if it is simply left to the RCMP, they could tell you to continue turning the throttle until the decibel reader goes over 91, which is not really that high by the way. Also it is important to note, that a quarter turn of the throttle could be less or more than half throttle depending not only on the make and model of motorcycles, but also the specific bike. There are many legal modifications that can be made to a motorcycle that would change the throttle range, such as air or fuel intake kits that allow for better fuel economy. Their simple quarter turn will simply not work in a legal sense to me.
Secondly, the RCMP were asked about a rider refusing to take part in the testing of the motorcycle as this is in no way a scientific test. We were told that if we refused, our bikes would be immediately towed as unsafe on the road. I would really like that clearly defined as the bike must be safe for a rider to get on it unless he does not care about his life.
Finally, the RCMP were asked about providing a venue for citizens to bring their motorcycles to be tested. The RCMP are always talking about being community minded. This would be a great proactive approach to allow riders to know where they stand. They said that they had talked about this and decided against providing this service and that it was not their job.
I am disgusted with their attitude and discrimination that they are clearly willing to show to motorcycle enthusiasts.
Iain S. Smith
#52
06-08-2011, 03:05 AM
We had a free 'inspection' here in North Van last year
and most of the folks here thought it was a trap. Just can't please everyone I guess. It's not that easy organizing a free sound clinic but well worth a try if you have the time. Contact the officer in charge of the traffic division at the local detachment and see where that leads you. It helps in two ways, it educates the rider and the cops on the street to what the actual regs are.
#53
06-08-2011, 11:36 AM
Road Master
We had a free sound testing clinic in Edmonton last weekend, and another this coming weekend. Last weekend only a handful of bikes showed up. The LEOs didn't give out tickets for anything at the testing, but did let riders know about the things they COULD get tickets for.... like no reflectors, non-dot helmets etc.
Similar thing. Lots of riders thought it was a trap, but they were at least offering solutions to people that failed the test. Strangely, that was recommending the local bike shop (After Dark - get SmartPartz baffles there) that has likely installed more loud exhausts than any of the HD dealerships in town.
Similar thing. Lots of riders thought it was a trap, but they were at least offering solutions to people that failed the test. Strangely, that was recommending the local bike shop (After Dark - get SmartPartz baffles there) that has likely installed more loud exhausts than any of the HD dealerships in town.
#54
06-08-2011, 11:58 AM
*on soapbox*
Jeez guys, if you're not doing anything wrong, let them inspect your bike. What are you so worried about?
It's not "harassment", it's what we pay them to do. Enforce the laws! What a thankless job. People bitch when they do something, they bitch when they do nothing...
I got news for you, a statement by RCMP stating they are going to "crackdown" on anybody, doen't mean right aways that any rights are going to be infringed upon, just that laws that may have not been high on the priority list are now getting enforced.
I, for one, want every drunk driver (of 4 wheels, or 2) off the roads. And my neighbors will attest that cracking open the throttle on my bike at 6am on my way to work is more than annoying... Loud exhaust, speeding, drunk driving, and yes, wearing MC colours all come with a certain risk that if a LEO sees it, you could get pulled over. IT ALWAYS HAS!!!!
Christ, I'm tired of the whole "us againt them", "poor us bikers" bullshit!
*off soapbox*
Jeez guys, if you're not doing anything wrong, let them inspect your bike. What are you so worried about?
It's not "harassment", it's what we pay them to do. Enforce the laws! What a thankless job. People bitch when they do something, they bitch when they do nothing...
I got news for you, a statement by RCMP stating they are going to "crackdown" on anybody, doen't mean right aways that any rights are going to be infringed upon, just that laws that may have not been high on the priority list are now getting enforced.
I, for one, want every drunk driver (of 4 wheels, or 2) off the roads. And my neighbors will attest that cracking open the throttle on my bike at 6am on my way to work is more than annoying... Loud exhaust, speeding, drunk driving, and yes, wearing MC colours all come with a certain risk that if a LEO sees it, you could get pulled over. IT ALWAYS HAS!!!!
Christ, I'm tired of the whole "us againt them", "poor us bikers" bullshit!
*off soapbox*
#55
06-08-2011, 12:38 PM
Road Master
Gustapo, I appreciate your point of view. Fit's nicely with the username. The police in Canada are just doing their job. Heil Harper.
I expect you to change it if you were regularly being pulled over on your commute to work and detained for 45 minutes of testing solely because you were on a Harley. Maybe not the first time, or the second time...
I live in a city with the highest murder rate in Canada, and right now possibly all of North America, and our police are cracking down on noisy bikes. They had an opportunity to pass a law that would apply to all vehicles and chose to go after motorcycles only. They have since abandoned plans to apply noise levels to all vehicles, and continue to add police officers to the noise bylaw enforcement.
If I start having a choice about where my tax money goes, I'll buy into your argument. If I'm paying for something and should be happy about it, you're implying that I chose to put my tax dollars towards enforcing loud exhaust.
I expect you to change it if you were regularly being pulled over on your commute to work and detained for 45 minutes of testing solely because you were on a Harley. Maybe not the first time, or the second time...
I live in a city with the highest murder rate in Canada, and right now possibly all of North America, and our police are cracking down on noisy bikes. They had an opportunity to pass a law that would apply to all vehicles and chose to go after motorcycles only. They have since abandoned plans to apply noise levels to all vehicles, and continue to add police officers to the noise bylaw enforcement.
If I start having a choice about where my tax money goes, I'll buy into your argument. If I'm paying for something and should be happy about it, you're implying that I chose to put my tax dollars towards enforcing loud exhaust.
#56
06-08-2011, 12:41 PM
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and most of the folks here thought it was a trap. Just can't please everyone I guess. It's not that easy organizing a free sound clinic but well worth a try if you have the time. [b]Contact the officer in charge of the traffic division at the local detachment and see where that leads you[b/]. It helps in two ways, it educates the rider and the cops on the street to what the actual regs are.
the OL talked to the cop in charge of that **** just 2 weeks ago. He was nice enough until she asked about this crackdown and then his attitude went for **** and he turned into a major dickweed. I personally think his wife was ****ed by a biker and she found out exactly what a dick was supposed to look like so she left him.
#57
06-08-2011, 01:18 PM
In Winnipeg, every sunday during the summer, we have "cruise" night where all the old classic cars, muscle cars, jap "tuners", built 4X4's, and custom bikes come out for a drive and cruise the strip. People park in various parking lots just to watch the rigs drive by.
I am also a Jeep enthusiast, and am a member of many off-road organizations, and one of the biggest thing I heard last summer was "don't drive your Jeep in Winnipeg on sundays. They are targetting modified and restored vehicles." My response was, and will always be... DUH! A stock vehicle has to meet certain safety standards before being sold to the public. Only once modified do those standards come into question. Yes a stock, yet poorly maintained vehicle can have bad brakes and shocks and all sorts as well, but they just don't stand out like a modified one does...
You're right in that after a few times getting pulled over, I would likely change my tune, but I suppose I'm one of the few who give LEO's the benefit of doubt that this won't be abused to the extent some anticipate it to be. I also go out of my way not to rev my engine loudly in neighborhoods, or speed, or do anything that would make me stand out.
JMHO.
I am also a Jeep enthusiast, and am a member of many off-road organizations, and one of the biggest thing I heard last summer was "don't drive your Jeep in Winnipeg on sundays. They are targetting modified and restored vehicles." My response was, and will always be... DUH! A stock vehicle has to meet certain safety standards before being sold to the public. Only once modified do those standards come into question. Yes a stock, yet poorly maintained vehicle can have bad brakes and shocks and all sorts as well, but they just don't stand out like a modified one does...
You're right in that after a few times getting pulled over, I would likely change my tune, but I suppose I'm one of the few who give LEO's the benefit of doubt that this won't be abused to the extent some anticipate it to be. I also go out of my way not to rev my engine loudly in neighborhoods, or speed, or do anything that would make me stand out.
JMHO.
#58
06-08-2011, 02:27 PM
Road Master
Here's an example of what we deal with on a regular basis:
Yesterday I heard a story about a 19 year old kid just back from Afghanistan who bought a Dot beanie from After Dark so he could start riding his new motorcycle. An hour later, the LEO leading the noise bylaw enforcement confiscated the helmet because he didn't believe the dot sticker on the outside, or the DOT certification inside the helmet and threatened to" tow and crush" the kid's bike if he didn't willingly give up his helmet. He had stock pipes, and it was a legal helmet. He wasn't speeding, he wasn't drunk... he was riding his motorcycle and enjoying his 'freedom'.
Kid didn't know better, paid the ticket and lost his helmet.
Welcome home soldier.
Yesterday I heard a story about a 19 year old kid just back from Afghanistan who bought a Dot beanie from After Dark so he could start riding his new motorcycle. An hour later, the LEO leading the noise bylaw enforcement confiscated the helmet because he didn't believe the dot sticker on the outside, or the DOT certification inside the helmet and threatened to" tow and crush" the kid's bike if he didn't willingly give up his helmet. He had stock pipes, and it was a legal helmet. He wasn't speeding, he wasn't drunk... he was riding his motorcycle and enjoying his 'freedom'.
Kid didn't know better, paid the ticket and lost his helmet.
Welcome home soldier.
#59
06-09-2011, 03:12 AM
I can believe it if it was the same guy on the news.
the OL talked to the cop in charge of that **** just 2 weeks ago. He was nice enough until she asked about this crackdown and then his attitude went for **** and he turned into a major dickweed. I personally think his wife was ****ed by a biker and she found out exactly what a dick was supposed to look like so she left him.
#60
07-02-2011, 10:06 AM
Granted my latest ride is a little loud, but I am sick of being profiled by the police, getting pulled over by a twit that should have been a mall cop power tripping on me is getting to be ridiculous.
Pulled over in Canada's poorest neighborhood people are selling crack out in plain view of the twit
hookers have their thumbs out getting in johns cars and he is being an *** a about my helmet.
Amazing they give someone like this a gun. Police need to stop profiling guys who ride bad *** looking rides and get after criminals. I have lost all respect for our local police, its obvious to me many people on the west coast have because of the general attitude they give when dealing with the public.
Pulled over in Canada's poorest neighborhood people are selling crack out in plain view of the twit
hookers have their thumbs out getting in johns cars and he is being an *** a about my helmet.
Amazing they give someone like this a gun. Police need to stop profiling guys who ride bad *** looking rides and get after criminals. I have lost all respect for our local police, its obvious to me many people on the west coast have because of the general attitude they give when dealing with the public.
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