Friday, July 09, 2010

Noise bylaws - what's the truth? What Gives here? I have more questions than answers.

Well folks - the MMIC has been doing quite a job promoting the new motorcycle noise test to various communities. If you read the news on our site today, there are two articles from ON that will make you shake your head, especially if you read the whole blog BEFORE you read those two articles...

What I wonder is their true motivation. They claim it is to improve the image of the motorcycle community. But is it? 92 decibels at idle...96 at 2000 RPM...remember those numbers.

They claim that they caught a federal law being rewritten but did they? Yes the law has been updated but the basic information on decibel levels, from all of the research I have had time to do - well, they do not appear to have changed at all.

Here is the link to the Noise Emissions Regulations on the Transport Canada Web Site: (http://www.tc.gc.ca/eng/acts-regulations/regulations-crc-c1038-sch-v.1.htm)

Here is the section that pertains to motorcycles:
3. Every motorcycle shall be so constructed that


(a) where tested in accordance with Annex 3 to ECE Regulation No. 41, Uniform Provisions concerning the Approval of Motor Cycles with regard to Noise, dated January 19, 1981, as amended September 14, 1984, excluding the requirements of paragraph 3.2 of that Annex, the exterior sound level does not exceed
(i) 77 dBA, in the case of a motorcycle with an engine displacement not exceeding 80 cm3,
(ii) 80 dBA, in the case of a motorcycle with an engine displacement exceeding 80 cm3 and not exceeding 175 cm3, and
(iii) 82 dBA, in the case of a motorcycle with an engine displacement exceeding 175 cm3;  or
(b) where tested in accordance with
(i) Appendix I-2 to subparts D and E, part 205, chapter I, title 40 of the United States Code of Federal Regulations, as amended by Vol. 45, No. 252 of the Federal Register of the United States published on December 31, 1980, at pages 86727 and 86728, the exterior sound level does not exceed 70 dBA, in the case of a motorcycle with an engine displacement not exceeding 50 cm3 and a maximum attainable speed of 48 km/h on a level paved surface, and
(ii) Appendix I-1 to subparts D and E, part 205, chapter I, title 40 of the United States Code of Federal Regulations, as amended by Vol. 45, No. 252 of the Federal Register of the United States published on December 31, 1980, at pages 86726 and 86727, the exterior sound level does not exceed 80 dBA, in any other case. 

So folks - I guess we need some serious discussion.
If the Federal Regulations states that a motorcycle should not exceed 82 decibels - right from factory - my questions are this:
  1. How many motorcycles right on the show room floor pass?                                         It SHOULD be all of them - agreed?
  2. If the federal law states 82 decibels (Accelerating vehicles 83) and that applies to ALL Passenger Vehicles, from  what I am gathering by reading part 1 of the regulation. Then am I wrong in thinking that the police services have not been doing their job for a long, LONG time as this law has been on the books for, forever?
  3. If this is the law, then how come exhaust manufacturers have been allowed to create products that contravene the law? (I believe the loop hole is that they tell you the pipes they are selling you are for OFF road use only - then is you use them on road - you then are presumed to KNOW you are breaking the law if you put them on your street bike.)
  4. What does 82/83 decibels sound like and how many car stereos, pick ups, cars will pass? And what is the level for semis, commercial and construction vehicles? It should be the same level one would think -  if so,  can they conform, do they pass the noise test? I know there are specific laws covering construction and commercial vehicles - I just don't have the time to sift through them all - if you do, here is the link to the resource page on the Transport Canada Web Site: http://www.tc.gc.ca/eng/acts-regulations/acts-1993c16.htm
Why are we so uneducated about the federal law?  Seriously people, if you read the federal law, which from what I can see is pretty fair, right across the table, then where do we get the idea that as municipalities or provinces we can change the law to be less than what the federal law is? It appears to be tougher than what the SAE and the MMIC are proposing.

I wonder are leaf blowers held to this same level?

Why are the police not enforcing the federal law? After all - are the RCMP not federal?

Maybe I am being simple here, but really folks, if the police had just been enforcing what is on the books all along, do you really think anyone would be in trouble here?

The federal law (The Highway Transportation Safety Act) also allows for stunting tickets to be issued for "riding" or driving" style as far as noise generation is concerned, so again I ask you - what is going on here? Perhaps fine limits need to increase but do we really need to be spending the money? Creating the hatred and hostility that is swirling around when truly, what is on the books seems pretty strict already?

WHO is driving this bylaw frenzy? Why are they driving it?  What is really going on on the political scene that they want to ram through without us knowing about it by creating or using this motorcycle noise bylaw crap as a smoke screen?  Am I paranoid? Delusion or just reading all of the information that is out there some how wrong?

Maybe it's just me, maybe I just don't understand the wording of federal law or when and where the provincial and regional laws can supersede it.  Can some one in the legal profession help us to understand what is truly going on here? I am about as confused as I can get.  I look forward to talking to the civil law lawyer in the middle of the month, perhaps he can help us to understand this stuff better.

If the law states 82/83 does this mean the manufacturers who paid to create the measurement tests with the SAE are trying to get the federal laws amended to the up side?

As I said the more I read to try and educate myself - the more confused I become.
How about you, does your head hurt yet? Do you have the same kinds of questions I have or am I alone?

As always, I would love to have your feedback and input...truly.

There is a lot in the news today and I need to get on my motorcycle and begin a sales trip to Edmonton - 5 stops before 7 pm tonight! Tomorrow I am at the FT Saskatchewan Cancer Run and then the Little Warriors Poker Run and on my way back home by 5 pm so that I can be home by 10 pm  or there abouts, so..I had best get my butt in the saddle - PLEASE, no matter what event you are attending, no matter where your holidays are taking you - PLEASE, ride like every corner holds a moose/deer or elk, that every driver of a cage is BLIND , can not see you you and IS out to get you - ride safe...you are important here.



Belt Drive Betty
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