Belt Drive Betty's Blog

Our saviours - the MMIC

In <a href="http://www.beltdrivebetty.com/30138-bikie-laws-are-ruining-my-business">Australia there is an article about a man</a> and his motorcycle repair shop and how the VLAD Laws are costing him his livelihood. 
 
In Manitoba you can be arrested with a <a href="http://www.upi.com/Top_News/World-News/2012/04/10/Rarely-used-law-targets-Hells-Angels/UPI-17441334070303/">Peace Bond as someone who MIGHT commit an offence in the future</a> if the police suspect your patch is an "OMG" Patch. 
 
In Bathurst New Brunswick where the Motorcycle Only Noise Bylaw has been adopted there have been <a href="http://www.acadienouvelle.com/actualites/2014/03/06/la-brasserie-o-st-pierre-ferme-ses-portes/">articles on restaurants and pubs</a> closing citing loss of the motorcyclist's business. 
 
Innocents always get hurt when laws are applied unfairly. 
 
The Motorcycle Only Noise Bylaws hurt the community but so do those who behave in a way as to be deemed as show off's, those who have to wick on that throttle to gain attention. 
 
It is a case of the many paying the price for the actions of the few, the same as it is with all other laws that infringe on freedoms and rights. 
 
I live in Grande Prairie Alberta, I ride a stock motorcycle. I have never modified the exhaust of my bike.  And yet, I fear riding in Edmonton.  Why? Because when I am on the road, it is generally as a reporter going to an event, and time is of the essence for me.  If I am pulled over in a motorcycle ONLY noise check stop, I could be detained for upwards of an hour. My bike, I am positive would pass the test, but I don't want to be held up as I don't enjoy being late. 
 
And, I am not alone, I know many riders that avoid going to events in Edmonton, that ride around the city and avoid the restaurants, pubs etc that cater to riders. 
The charities suffer, the businesses suffer and the rider does too. 
 
Noise is a problem in all urban centres. 
 
Enter our saviours - the MMIC, the people who brought us the J2825 testing standard. 
 
The MMIC, Moped Motorcycle Industry Council has taken it upon themselves to promote a motorcycle only noise test called the J2825 that they and their American counterparts paid to develop. 
 
Apparently, they did so thinking they were helping the industry... 
 
From the <a href="http://www.mmic.ca/content.asp?ContentId=1187">MMIC Website</a>: 
The SAE J2825 Sound Test for Motorcycles 
 
On-highway riders and their bikes don't have to be victims of questionable sound-level checks anymore, thanks to a new procedure developed by the Motorcycle Industry Council (MIC) in partnership with SAE International, and the Motorcycle & Moped Industry Council (MMIC), as one of its funding partners. 
 
The MIC and the Society of Automotive Engineers (SAE) established the SAE J 2825 sound test, which will provide a quick, easy, economical, and science-based tool for accurately identifying motorcycles with excessively noisy sound emissions. 
 
Now, law-enforcement authorities have a simple, quick, economical tool for accurately identifying motorcycles with excessively loud exhaust systems. The SAE document J2825, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles," meets the need for a practical, consistent roadside sound test. END QUOTE 
 
Also from their website: 
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BEGIN QUOTE: Sound Emissions 
 
MMIC member companies' products meet all Transport Canada sound emission standards. The industry is working with provincial ministries to develop consistent sound emission policies across the country. The industry is committed to continue to reduce sound emissions. END QUOTE 
 
MMIC and its member manufacturers and distributors recommend the new SAE J 2825 stationary sound test procedure for on-highway motorcycles and encourage the implementation of these standards across Canada.  END QUOTE 
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If that is the case - if what the MMIC claims is true, and they are committed to reducing sound emission, why is it their dealers will sell you ILLEGAL exhaust systems?</div>
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Take a look at most aftermarket pipes and you will see a stamp on them "FOR OFF HIGHWAY USE ONLY"  They are generally meant for racing applications not highway use. 
When you buy those pipes a dealer will point that out to you and if you agree to have them installed to improve horsepower and engine performance, and get a fine, you and you alone are on the hook.</div>
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Inconsideration and the need to make money in business have brought us to this cross roads. 
What is the answer to people learning to share this world responsibly? 
I have no idea - but I do not believe that singling out our community for special stops, higher than normal fines compared to other vehicles for the same infractions... 
 
NOISE IS NOISE and if you are going to force one segment of the population to conform to a noise rating, then it should be good enough for everyone else. 
 
When are we going to see a noise test for ALL vehicles? 
 
I doubt we ever will - the automotive industry does not seem to feel any pressure to reduce noise by vehicles. 
 
So riders, it seems that because the industry created this test and endorses it, we are stuck with bylaws that are discriminatory. Or are we? 
 
What say you? 
 
Belt Drive Betty 
Editor & Rider 
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Our saviours - the MMIC

In Australia there is an article about a man and his motorcycle repair shop and how the VLAD Laws are costing him his livelihood. In Mani...

Costs - Edmonton's Motorcycle Only Noise Bylaw

For riders in Edmonton, the battle lines have been drawn. 
The city of Edmonton is looking to INCREASE the fines for loud pipes. 
The fine stands at $250 for the first offence. 
 
According to an article in the <a href="http://www.edmontonsun.com/2014/03/17/motorcyclists-not-disproportionately-targeted-for-noise-violations-edmonton-report-states">Edmonton Sun</a>, motorcyclists aren't being disproportionately targeted for noise violations - but how true is that statement? 
 
Begin Quote: The report states 338 motorcyclists have been charged under the Motorcycle Noise Bylaw since it was enacted three years ago. In comparison, 714 motor vehicle operators have been charged for noise under the Traffic Safety Act in the same time frame - including 494 during motorcycle season. End Quote 
 
338 motorcyclists in a city with approximately 13,000 motorcycles 
(M.O.D.E.L. Edmonton Numbers) 
 
714 motor vehicle operators in a city with 602, 783 registered vehicles. (http://www.transportation.alberta.ca/Content/docType47/Production/vehreg2012.pdf) 
 
But motorcycles aren't stopped or ticketed disproportionately? 
 
Well, let's do the math... 
 
338 divided by 13,000 =  2.6% of motorcycles 
714 divided by 602,783 = .00118% of vehicles - please take into account this figure does not include tourists, or others from outside communities using the roadways in Edmonton Metro. 
 
According to the same article in the Sun - "Of the 338 tickets written, 108 were voluntarily paid and 151 were challenged in court, with 86 being withdrawn or dismissed." End Quote 
 
Now lets do some other math. 
 
338 motorcyclists ticketed. 
108 tickets paid: 108 x $250 = $27,000 
65 convicted: 65 x $250 = $16,250 
86 were with drawn (Quashed) 
79 Are still before the courts 
Total Income: $43,250 
 
I used the Rate Sheet information from Edmonton to create a budget of sorts for the costs of this Motorcycle Only Noise Bylaw and it can be seen here: <a href="http://www.edmonton.com/files/Rate_Sheet.pdf">http://www.edmonton.com/files/Rate_Sheet.pdf</a> 
 
Initial Costs: 
Training & Equipment Costs: $68,000 
 
Operational Costs: 
3 police officers per motorcycle noise check - each motorcycle check takes approximately an hour. 
3 officers x $60.00 per hour = $180/hour for 338 hours = $60,840 
1 police car @ $50 per day: 338 hours divided by 8 hours (a normal work day) = 42 day x $50 = $2,100 
 
Administration Time: 
If it takes an officer 1 hour of admin and court prep time per ticket then 338 x $60 = $20,280 
 
Time in the courts:  
If the courts time is worth let's guess here and say $750 per hour (Judge, clerk, 2 peace officers/sheriffs, crown council, building costs) and the average traffic ticket takes 1/2 hour to fight that means 338-108 voluntarily paid = 230 divided by 2 - 115 hours of the courts time @ $750/hour = $86,250 
(79 tickets are still to go before the courts but I have added them in here to reflect the costs as closely as possible.) 
 
Costs that are known or calculable: 
$68,000 - Initial training and equipment 
$60,840 - Police officer wages 
$2,100 - patrol car 
$20,280 - Police officer wages for admin and court prep 
$86,250 - Court Time costs 
$237,110 - Total Costs  
 
$237,110 - $43,250 = -$193,860 and that's just a rough estimate! 
 
Moral, ethical and legal questions regarding the discrimination issues of this bylaw aside, is this really an effective use of the time of 3 police officers, court resources and taxpayers money? 
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I guess Edmonton City council thinks so. 
 
What say you? 
 
Belt Drive Betty 
Editor & Rider 
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Background information on the bylaw, provincial statutes and the fines:</div>
From the Edmonton Police Department <a href="http://www.edmontonpolice.ca/">Website</a>: 
 
Excessive Noise from Vehicles 
 
We’ve all experienced it, vehicles with loud stereos that seem to vibrate the walls of your home as they pass by and vehicles with modified exhaust systems that can be heard for several city blocks. 
 
Edmonton, like other urban centres throughout the country, is receiving repeated complaints about excessive vehicle noise. Numerous noise complaints have come in through city councillors, the Chief’s town hall meetings, in the media and the public calling in on the police complaint line. 
 
Loud and excessive noise can be characterized as noise that becomes a nuisance to the general public, taking into consideration the nature, location, time and proximity of the source to residents and members of the public. An example of this would include a loud auto stereo or car, truck or motorcycle exhaust emitting sound to the extent it disturbs patrons at a café, nearby residents or other motorists on the roadway. 
 
Loud and excessive noise is now being addressed as a community disorder issue in Edmonton. Traffic and Patrol members are conducting an enforcement campaign in an effort to crack down on offenders. 
 
If operated normally, most original or equipment in any vehicle should not emit excessive noise. Check the equipment that you do have to ensure your exhaust system does not emit excessive noise through a widened outlet that amplifies the noise. Also ensure that your system is equipped with baffles. Have consideration for those around you and avoid aggressive use of your equipment. 
Fines for Violation 
 
The EPS will charge violators at three benchmark noise levels tested with the motorcycle stationary.: 
Violators in excess of 92 dbA at idle for all motorcycles 
Violators in excess of 96 dbA at 2000 rpm for motorcycles having less than 3 cylinders or more than 4 cylinders 
Violators in excess of 100 dbA at 5000 rpm for motorcycles with 3 or 4 cylinders. 
 
The fine for violation of this <a href="http://www.edmontonpolice.ca/EPS%20External/Home/TrafficVehicles/TrafficNoise/COEBylaw.aspx">bylaw</a> is $250.00. 
 
Sections of the <a href="http://www.edmontonpolice.ca/EPS%20External/Home/TrafficVehicles/TrafficNoise/TrafficSafetyAct.aspx">Traffic Safety Act</a> can also be used when dealing with excessive noise. TSA Noise Laws 
 
The following sections of the Traffic Safety Act (TSA) Vehicle Equipment Regulations (VER) or Traffic Safety Act (TSA) Use of Highway and Rules of the Road Regulations (ROR) pertain to excessive vehicle noise. 
 
In summary they state:Section 61 TSA- VER refers to a motor vehicle propelled by an internal combustion engine. It says that the exhaust muffler must not produce excessive noise or flames and sparks. It goes on to say that the exhaust outlet cannot be widened or have a device attached to it that increases noise. The fine is $115.00. 
 
Section 82 TSA- ROR states a person shall not create or cause the emission of any loud and unnecessary noise from a vehicle or any part of it, or from anything or substance that the vehicle or a part of the vehicle comes into contact with. The fine for this section is $115.00. 
 
Section 87 TSA- ROR relates to driving a motor vehicle in a residential area between 10:00 p.m. and 7:00 a.m. that disturbs residents. This section requires a complaint from a resident. The fine for excessive noise under this section is $115.00. A complainant must appear in court as a witness if charges are laid under this section. 
 
Section 115 (2)(f) TSA says a person shall not do any of the following: drive a vehicle as to perform or engage in any stunt or other activity on a highway that is likely to distract, startle or interfere with other users of the highway. The fine for this section is $402.00 and carries 3 demerit points.

Costs - Edmonton's Motorcycle Only Noise Bylaw

For riders in Edmonton, the battle lines have been drawn. The city of Edmonton is looking to INCREASE the fines for loud pipes. The fine s...