Loud exhaust clampdown

[my5cents]

Actually, the conviction was upheld on the "expert" opinion of the constable that the pipes were too loud. The constable had considerable personal experience with Harleys and work experience with sound tests. He also saw that the muffler was an aftermarket product intended to amplify sound. So.... pretty specific. This wouldnt apply to all cases, regarding the constable's experience or visual inspection.

In this case, I believe the judge did rule that this constable had knowledge above and beyond, perhaps some others, but the "sound tests", the "readings", had nothing to do with the evidence that convicted the accused.

Actually I think you'd find, if you talk to an "expert", that mufflers don't "amplify sound" they muffle sound. If a "muffler" doesn't "muffle" sound enough a loud noise comes out.

"So... pretty specific. This wouldn't apply to all cases, regarding the constable's experience or visual inspection"

So you think, now, for the crown to obtain a finding of guilt a the witness to the noise, has to be an "expert" ??

Ah, no, any qualifications the judge ruled the constable had (the judge rules if a witness is an "expert" or not) wouldn't negate some other constable from testifying and convicting in a similar case regarding 7A.01, which reads :

Division 7A — Noise from Motor Vehicles

Prohibition
7A.01 No person shall start, drive, turn or stop any motor vehicle, or accelerate the vehicle engine while the vehicle is stationary, in a manner which causes any loud and unnecessary noise in or from the engine, exhaust system or the braking system, or from the contact of the tires with the roadway.

Common sense would obviously dictate that it doesn't take an "expert" to determine if a vehicle is making "any loud and unnecessary noise".

[my5cents]

A few years ago when i used to dirt bike in the Bear Creek area they tested all the exhaust levels before you were allowed to ride. We were all too loud as we had modified exhaust. Now, if they can enforce that 20 km up on the bush, how come the RCMP can control the piece of crap Harley's in town. What a joke. Pull every Harley over and they will all fail. Simple....Get that junk off the street.

You said "they" tested, the RCMP ? To a standard that would have stood up in court to convict ?

I invite the RCMP or anyone else to pull me over and test my Harley for excessive noise.

[totoramona]

Ah, no, any qualifications the judge ruled the constable had (the judge rules if a witness is an "expert" or not) wouldn't negate some other constable from testifying and convicting in a similar case regarding 7A.01, which reads :

Division 7A — Noise from Motor Vehicles

Prohibition
7A.01 No person shall start, drive, turn or stop any motor vehicle, or accelerate the vehicle engine while the vehicle is stationary, in a manner which causes any loud and unnecessary noise in or from the engine, exhaust system or the braking system, or from the contact of the tires with the roadway.

Common sense would obviously dictate that it doesn't take an "expert" to determine if a vehicle is making "any loud and unnecessary noise".

Yes, that is interesting. The Supreme Court ruling isn't actually on a ticket issued regarding the MVA regulations on exhaust systems. It is a MVA prohibition regulation on noise resulting from the manner in which the vehicle is driven. A ticket like this would be for an action at a given point in time. If a person were issued this ticket for squeeling a tire loudly, it wouldn't necessarily mean they had to change their tires. So similarity, if they received a ticket for accelerated loudly, it wouldn't mean they had to change their muffler system.

So I would take this to mean if the rcmp were handing out this ticket, it would be cracking down on loud driving, not cracking down on loud exhaust. In order to require vehicle owners to change or modify their muffler systems, they would need to issue the ticket under the exhaust system section, using the expert assessment that the muffler system didn't comply with the MVA as stated.

[GordonH]

This is all meaningless unless RCMP actually enforces it.

[totoramona]

My layperson understanding of the law:
If you are handed a citation, no fine, that your exhaust is too loud and doesn't comply and you need to change it, you can take it to any ICBC shop and have them make the assessment that it is or isn't too loud. I did, and the shop said they had a decibel reader but had never used it in ten years. They said my car was pretty loud but sounded awesome.

If you are handed a ticket with a fine for the exhaust being in non compliance, section 7.03, schedule standards, 27 , it is challengable in traffic court if the readings were not done under the proper circumstances by a person with knowledge of sound level reading.

If you are handed a ticket with a fine for prohibited noise under section 7A.01, you can challenge whether your driving was appropriate or the noise was or wasn't too loud. You may lose and have to pay, but you can't be required to change your exhaust system in reference to this ticket.

Legislation is pretty specific and the wording matters. It is important to know and understand the rules and your rights.

[JBX]

I'm glad for this.

Yeah I have modded exhast on my 17 mustang and she can get loud at max rpm's but I dont drive by people and let it rip just to be a *bleep*.

Also, some of the bikes here are stupid, and I''m saying this as a Harley owner.

[my5cents]

Yes, that is interesting. The Supreme Court ruling isn't actually on a ticket issued regarding the MVA regulations on exhaust systems. It is a MVA prohibition regulation on noise resulting from the manner in which the vehicle is driven. A ticket like this would be for an action at a given point in time. If a person were issued this ticket for squeeling a tire loudly, it wouldn't necessarily mean they had to change their tires. So similarity, if they received a ticket for accelerated loudly, it wouldn't mean they had to change their muffler system.

So I would take this to mean if the rcmp were handing out this ticket, it would be cracking down on loud driving, not cracking down on loud exhaust. In order to require vehicle owners to change or modify their muffler systems, they would need to issue the ticket under the exhaust system section, using the expert assessment that the muffler system didn't comply with the MVA as stated.

Yes, exactly. In actual fact, even some loud (mufflered) vehicles can be driven fairly quietly, it the driver chooses, but when he/she opened it up (ie, the manner in which they drove) would exacerbate the noise level and thus get the attention of the police. I'm not sure if the police can now issue an order for the owner to have the vehicle inspected, to make sure it complies with the MVA Regs, but that would be a nice added bonus.

[westbankkid]

how they measuring decibels ? will it stand up in court ? do big trucks get a pass ?

Big trucks get a pass. They are a necessity. Loud "HARLEYS" are not. They are a nuisence

[WalterWhite]

how they measuring decibels ? will it stand up in court ? do big trucks get a pass ?

Big trucks get a pass. They are a necessity. Loud "HARLEYS" are not. They are a nuisence

I'm wondering if they maybe meant 1 ton pick-ups - Rams, F-350 etc. Tuned out with an exhaust package some of those things sound like a Westjet flight spooling up.

[pentona]

I'm wondering if they maybe meant 1 ton pick-ups - Rams, F-350 etc. Tuned out with an exhaust package some of those things sound like a Westjet flight spooling up.

Yep, these jerks with the jacked-up diesels with 6" wide (modified; not stock) exhausts really tick me off. A lot of them wind up their turbos and do it just to get attention. Wish the cops would pay attention and fine them. Its not just motorcycles that need looking at.

As its been said before though, no point in having a law unless its enforced. Just look at the bicycle helmet law and how that is completely ignored.

[the truth]

I'm glad for this.

Yeah I have modded exhast on my 17 mustang and she can get loud at max rpm's but I dont drive by people and let it rip just to be a *bleep*.

Also, some of the bikes here are stupid, and I''m saying this as a Harley owner.

problem is many goofs do, sad but true

[the truth]

this city should hire more bylaw officers and start enforcing all the rules, they would make a killing $$$$$$$

[Bsuds]

As its been said before though, no point in having a law unless its enforced. Just look at the bicycle helmet law and how that is completely ignored.

There's a Law for helmets?

Coulda fooled me!

Kind of like the bike rider I saw a couple of days ago.

No helmet, wrong side of the road and no hands steering cause he was on his cell phone texting.

[the truth]

yup see it alot around here

[JBX]

I cant.. CANT understand the bikers I see around here, freaking shorts, shoes, wife beater.. are you kidding me, like do you have any idea what pavement is going to do to you when you hit it.

Blows my mind, I've always road with a full armadillo suit and a full helmet, here, you see some dude that looks like he just came from a beach party. No wonder there are so many deaths and injuries.