There is a rather confusing article in The Province today. It involves Ian Toothill and a Vancouver Const. John Bercic and an unapproved sound measuring device.
Ian claims that he was railroaded by an overzealous cop and that the officer used his PERSONAL sound metre to had out over 100 noise violations.
You see it would appear that there are 2 different sections of law applying to "Motorcycle Noise"...
Begin Quote:
“I was railroaded,” said Tootill.
Crown counsel Elizabeth Wolfram argues the ticket was correctly issued and upheld in Traffic Court in 2010.
“There is no way this was a miscarriage of justice,” she said.
Court heard that Bercic handed out 100 noise tickets in 2008, the most of any VPD officer.
Wolfram said Bercic handed out the most tickets because he had the “training and expertise, probably the most in the department.”
She said Bercic, who has ridden a Harley himself on the job for 20 years, heard the noise from Tootill’s bike to be “twice as loud” as permitted.
Court heard that Bercic used his personal testing equipment. Toothill introduced as evidence letters from the VPD and Attorney General Shirley Bond which said such equipment is not permitted.
But Wolfram said the use of personal testing devices was irrelevant because Tootill was convicted under a different section of the Motor Vehicle Act.
That section only requires an officer’s subjective view that the noise exceeds limits.
“The officer’s professional expertise gives him the ability to determine whether a motorcycle is unnecessarily loud,” she said. End Quote
WOW - so if the what the crown says is true - there is no need for all of this J2825 non sense and the expenses that have occurred as a result. We were already at the mercy of the police! Imagine that!
Hmmm, so riddle me this: Why has the J2825 and all of these motorcycle ONLY noise bylaws come into effect if the police could just say - "I know it was too loud" to begin with?
I must be getting feeble, either that or something stinks - what say you?
I WOULD LOVE your opinions!
It is a busy day in the news feeds so please take some time to check them out at www.beltdrivebetty.com where our job is keeping YOU informed!
Have a fantastic Thursday - for those who subscribe to the Busted Knuckle Chronicles, Canada's only weekly newspaper for the Motorcycle Community...hope you enjoy all 80 some pages!
I leave you with a few funnies shared with me by my zany friends on Facebook and through emails.
Belt Drive Betty
Editor & Rider
Ian claims that he was railroaded by an overzealous cop and that the officer used his PERSONAL sound metre to had out over 100 noise violations.
You see it would appear that there are 2 different sections of law applying to "Motorcycle Noise"...
Begin Quote:
“I was railroaded,” said Tootill.
Crown counsel Elizabeth Wolfram argues the ticket was correctly issued and upheld in Traffic Court in 2010.
“There is no way this was a miscarriage of justice,” she said.
Court heard that Bercic handed out 100 noise tickets in 2008, the most of any VPD officer.
Wolfram said Bercic handed out the most tickets because he had the “training and expertise, probably the most in the department.”
She said Bercic, who has ridden a Harley himself on the job for 20 years, heard the noise from Tootill’s bike to be “twice as loud” as permitted.
Court heard that Bercic used his personal testing equipment. Toothill introduced as evidence letters from the VPD and Attorney General Shirley Bond which said such equipment is not permitted.
But Wolfram said the use of personal testing devices was irrelevant because Tootill was convicted under a different section of the Motor Vehicle Act.
That section only requires an officer’s subjective view that the noise exceeds limits.
“The officer’s professional expertise gives him the ability to determine whether a motorcycle is unnecessarily loud,” she said. End Quote
WOW - so if the what the crown says is true - there is no need for all of this J2825 non sense and the expenses that have occurred as a result. We were already at the mercy of the police! Imagine that!
Hmmm, so riddle me this: Why has the J2825 and all of these motorcycle ONLY noise bylaws come into effect if the police could just say - "I know it was too loud" to begin with?
I must be getting feeble, either that or something stinks - what say you?
I WOULD LOVE your opinions!
It is a busy day in the news feeds so please take some time to check them out at www.beltdrivebetty.com where our job is keeping YOU informed!
Have a fantastic Thursday - for those who subscribe to the Busted Knuckle Chronicles, Canada's only weekly newspaper for the Motorcycle Community...hope you enjoy all 80 some pages!
I leave you with a few funnies shared with me by my zany friends on Facebook and through emails.
Belt Drive Betty
Editor & Rider
As cool as it is to ride through, things like this are just one of a VERY long list of reasons to stay out of BC.
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