"MOUNTIES CRACK DOWN ON MOTORCYCLE RIDERS

Police are cracking down on motorcyclists who speed and ride aggressively.
Nanaimo RCMP's traffic services have started a year long campaign focused on motorcyclists.

Riders caught speeding more than 40 kms/hr above the speed limit, aggressive riders, and those who pop wheelies will be fined $368 and have their bikes impounded for seven days.

Riders with illegal or improper equipment and bikes with mufflers that emit sound louder than the legal limit of 91 decibels will face fines and ispection notices to have equipment repaired and illegal mufflers removed.

25% of all fatal motor vehicle collisions in the nanaimo detachment area involved motorcycles. aggressive driving, vehicle defects and driver inattention were major factors in those fatalities.

cpl norm smith of Nanaimo RCMP Traffic services said most motorcyclists are safe drivers but police want all motorcyclists to comply with regulations to help prevent deaths and injuries."



I would like to know why the RCMP aren't focusing on the other 75% of the accidents. It would seem to make sense that they focus their attention to areas that would do the most good. Cpl Smith's comments himself that MOST motorcyclists are safe drivers, therefore, that leads me to believe that only a small percentage of the 25% of motorcycle accidents are a result of the reasons given above. If this is the case then this "crackdown" would be considered profiling, unfairly targeting a small demographic and, therefore, illegal.


I have bolded the part of the article that I have concerns about. I agree that motorcyclists have to follow the rules of the road and the laws of this province. Those that "stunt" ride and ride aggressively are an accident waiting to happen, however, regarding "illegal" or "improper" equipment is leaving the motorcyclist to the mercy of whichever police officer happens to stop them at any given time and what their opinions are.

There is no mention in this article of what guidlines the RCMP are using to determine what is "illegal" equipment and are the RCMP members going to be licensed mechanics in order to determine what is "improper" equipement and to conduct these "tests" properly. I would be surprised if even half of the traffic services even ride motorcycles let alone know anything about them.

I have noticed that this article doesn't mention loud car exhausts or car stereos or even truck exhausts. Not once is there any mention of anything else besides motorcyclists. That reeks of profiling and discrimination

I feel that the RCMP are unfairly targeting motorcyclists and, from this article, it seems that they will be able to pull a motorcyclist over at random and conduct these "tests" to see if they are in compliance with the laws. This practice already takes place here regarding motorcyclists in order for the RCMP to make notes of who's who.

I'm sure that this article and it's implications bring up constitutional issues as well and legal issues regarding the sole targeting of motorcyclists...but i could be wrong...I'm no lawyer.

 

Thanks for the heads up Dino! I'm going to look into this as well because it stinks like bogus beef to me too.
I am willing to bet that some amount of this crack down is going to be directed just to the local MC. Gives them ease of access for bogus stops where before, you would have to be breaking a driving law.
That cold beer is getting closer buddy!
Hatch.

 

I sent that to BCCOM as well.....haven't heard back from them yet...I will post their reply, if I ever get one.

 

Dino.....I don't give a **** what they think. My wife and I are still planning a trip to see you. If they decide to give me a fine, thats OK and if they decide to take my bike for seven days, they damn well better not scratch it.

I have been in one accident in my life and it wasn't a motorcycle that ran the red light that T-Boned me. It was a dumbass in a Van

 

WHOOOOOT! come on down!

 

already. Idiots on bikes seem to just stand out in crowds. (loud pipes etc) My friend just got nailed on the upper levels doing 45 over and watched his bike get towed away. He likes to go fast and sooner or later it happens. We're lucky here in North Vancouver as the mounties pretty much leave us alone as long as we don't do something stupid. Vancouver, on the other hand has a couple of m/c cops that really like to harass and ticket for loud pipes. Pretty much where ever you go though, you will be left along by leo's if you're not waving a flag saying 'look at me'

 

holy ****....no one knows the legalities on this?

 

Dino,
I look at as they have not been paying much attention to bike
riders in the past, but will now crack down. Doesn't mean they
will no longer haunt car drivers just to concentrate on bikes.
They're out to get everyone who chooses to ignore the law.
You'll get nowhere talking rights, driving or riding on public
highways is still a privilege, dependent on obeying the laws
of the land.

.
.
.

 

Damn guys not even Cal. is that boondoggled . Good luck .

 

Found this on www.beltdrivebetty.com This is what I'm talking about....yes I agree that driving is a privilege...but....what is happening here is well beyond that.



BC Bikers being discriminated against? It looks like it.
Nanaimo RCMP have announced a crack down campaign on riders that is to go on for the entire riding season and they claim that it is no different than their crack down on cell phones - but is it really?


The BC Transportation Minister doesn't think so!


From the Times Columnist - Begin Quote "Blair Lekstrom, an avid motorcycle rider, took aim at the Nanaimo plan while announcing motorcycle safety awareness month at the legislature Thursday.
“I would think if they are pulling you over just because you’re on a motorcycle, that’s dead-wrong in my mind,” said Lekstrom.

“Two-thirds of … accidents where motorcycles are involved are caused by the driver of the vehicle.”
Nanaimo RCMP announced last week that motorcyclists can expect to be pulled over for brief inspections by police as part of a year-long enforcement campaign targeting motorcycle safety." End QuoteLater in the article, in response to Adele Tompkins of BCCOM - who says riders are being targeted more than ever and that this topic will come to the table, Solicitor General Shirley Bond, the province’s top cop said “I don’t want to comment on the strategy of the Nanaimo police department until I have a chance to talk to them about their rationale,” she said.


I urge all riders to get on board with groups that work hard to protect our Charter Rights (BCCOM and the OCC are two of the best known in this country), I urge all riders to join them and in provinces where there is no organized effort - I urge you to consider forming coalitions to focus on the obtainment of fair and ethical treatment of riders. Rights groups, I urge you to get in touch with the gents in Washington State that were successful in having legislation introduced that protects riders from profiling. They are at the ready and willing to assist in putting together a thoughtful and well laid out lobbying plan.

I would like you all to thoughtfully consider the statements made in the article from the Times Colonist by Nanaimo RCMP Cpl. Gary O’Brien who said "The enforcement campaign is no different from frequent projects that focus on commercial vehicles, drinking and driving, or the use of cellphones while driving.“We never do random checks,” he said. Police want to check motorcycle licenses, helmets and noise issues on the bikes." (Just an FYI - noise bylaw in Nanaimo is set at 91 DB.)

The stops mentioned above by the officer involve 2 very different rationals -
When the police services do check stops for drinking and driving - they stop EVERYONE regardless of the mode of transport.

Being pulled over for the use of cell phones or speeding are specific to the individual and their conduct and other than for Fire, Police and Ambulance personnel, pertain to ALL DRIVERS.

The commercial vehicle stops are carried out for a number of reasons; Laws that govern load weights and types, the inspection of log books under laws that govern the amount of time a professional driver can be driving and when they must stop to rest. Safety of these vehicles that travel far more miles in a year than any other category of vehicles and by the very nature of the profession are governed by laws that enforce their inspection.

(Not unlike the requirements of professionals who fly as governed by specific laws that pertain to the profession and are uniqe to that profession)

When you truly look at this entire issue and the phraseology the officer uses - I think you will see that our mode of transportation has made us a visible minority. The rationale used by the officer above, upon closer inspection, does not hold water, at least not in my humble opinion.If the RCMP were to target only the Chinese community because of the stereo type image they have for being bad drivers, how long do you think it would take for that community to bring discrimination suits to the table?If the RCMP were to target just the Black, Cadillac driving community because of the stereo type image that pimps have, how long do you think it would take that community to bring law suits forth?The very reason the police services anywhere in the world are not allowed to target those communities is that behaviour, that mind set, is called profiling.

We may all generalize and joke about the behaviors that each of our ethnic backgrounds exhibit, but targeting any specific community for special unwarranted, negative attention from the police services is illegal - it IS discrimination and it is against our Charter Rights.

However, unless we riders push to protect our rights, we WILL continue to see this mentality of profiling continue against our community and our rights under the Charter will continue to be eroded.
We are all to be afforded the same protection under the law. We ARE a visible minority. What the police services are doing to our community is no different than if the decided that only people who drive red vehicles are to be stopped. It is a type of insanity, and an abuse of authority that is just plain ridiculous and wrong - so, how are we, when are we going to lobby for change?

We need to focus on what we want - we need to - in a united voice tell our politicians and law makers that profiling our community IS WRONG and needs to be governed by a law that prevents profiling.
The law that was passed in Washington State is based on the racial profiling law there.The law that was written, recognizes motorcyclists as a visible minority and the way our Charter is written, we should be able to apply the same standards here in Canada as were set in Washington State.

So folks, gather the evidence, when you are stopped, if you are treated in a preferential way by the police services, if they stop you simply because you ride a motorcycle, if they stop you and ask about patches or tattoos - the police services are PROFILING YOU.Here is the dictionary definition of profiling from Dictionary dot Com pro·fil·ing

/ˈproʊfaɪlɪŋ/ Show Spelled
[proh-fahy-ling]
–noun

the use of specific characteristics, as race or age, to make generalizations about a person, as whether he or she may be engaged in illegal activity.

And from Merriam Webster:
Definition of PROFILING

: the act or process of extrapolating information about a person based on known traits or tendencies profiling>; specifically : the act of suspecting or targeting a person on the basis of observed characteristics or behavior profiling>

We are profiled ever day - there are consumer profiles, professional accomplishment profiles and medical profiles - non of these types of profiling inflicts a negative experience on the person/community being profiled, but when it comes to police services - the profiling tactics they use to determine who to stop, well too often the impact is negative and not only immoral but illegal.
It is illegal and immoral because of the demeanor and tactics that are used and the negative impacts of those tactics.

According to the Canadian Charter of Freedoms & Rights:Under the heading of Fundamental freedoms:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Under the Heading Legal Rights:
Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.


Detention or imprisonment
9. Everyone has the right not to be arbitrarily detained or imprisoned.


Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.


Under the heading Equality Rights:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.


If we are truly equal under the law then why are motorcyclists being held to different standards than other road users?


If we are truly equal under the law, then why are motorcyclists being singled out for deferential or special attention?


If we are truly protected under the Fundamental Freedoms - section 2, then why is our community constantly being denied our right to peaceful assembly or the right to association? (the photographing and profiling that takes place because certain members of our community wear the patches of clubs the police services deem to be a criminal element, the shutting down of community events due to the police services profiling of our community based on what they deem to be criminal or anti social behaviors by some members of the motorcycling community)


My stance on this subject always has been and always will be this:


The clothing you wear does not instantly make you a criminal, it is your individual choices and conduct that make you so. It is not the person who is standing beside you at a public event that makes you a criminal or makes you a person who condones or supports criminal activity - it is YOUR actions as an individual that define you as a criminal. It is not the method of transportation by which you choose to travel that makes you a criminal or makes you deserving of "special" attention, again, it should be about your individual conduct and actions.


I know I sound like a broken record, but as long as this issue keeps coming up in the main stream news - I will keep calling for unity with in our community and the lobbying for the protection of our rights for our community.


I am no lawyer, but everything I read on this topic tells me that our community needs and deserves protection under Federal Law, just the same as any other visible minority.


What say you?