Its seems more and more places are trying to give bikes a ticket for excessive noise so be prepared to be pulled over more often which in many ways is against our freedom to travel around without penilties, but here is a little unknown point you can make if they (cops) do try to make you submitt to one of their tests which of course they will fine you if you go above the Governments set limit; 82.(3)Penalty Its illegal to refuse to submit your vehicle to the "tests that the police officer or officer may consider expedient". If you do they can charge you and fine you up to $1,000, BUT… (see 82.4 below) 82.(4)Notice requiring examination and tests They cant charge you for refusing unless they have given you notice requiring you to submit to the tests in WRITING.
Its seems more and more places are trying to give bikes a ticket for excessive noise so be prepared to be pulled over more often which in many ways is against our freedom to travel around without penilties, but here is a little unknown point you can make if they (cops) do try to make you submitt to one of their tests which of course they will fine you if you go above the Governments set limit;
82.(3)Penalty Its illegal to refuse to submit your vehicle to the "tests that the police officer
or officer may consider expedient". If you do they can charge you and fine you up to $1,000,
BUT… (see 82.4 below)
82.(4)Notice requiring examination and tests They cant charge you for refusing unless they
have given you notice requiring you to submit to the tests in WRITING.
Unfortunately that clause would likely not apply when dealing with bylaw noise limits. Bylaws are separate from the Highway Traffic Act, and therefor could have totally different notification requirements (if any notification is required at all).
Unfortunately that clause would likely not apply when dealing with bylaw noise limits. Bylaws are separate from the Highway Traffic Act, and therefor could have totally different notification requirements (if any notification is required at all).
um, what? There is no set limit and there is no test. If you want to quote to an officer the highway traffic act while refusing to play along before you even know what you're being charged under, you're going to end up in more trouble than you already are. There are no limits to excessive noise from an exhaust under the HTA. If an officer feels it's an issue of safety to the others around you, he will give you a ticket. He doesn't need you to submit to any test. If you are referring to specific City Bylaws regarding motorcycle noise, it has nothing to do with the Highway Traffic Act. Quoting the HTA means zero because you are not being charged under the act in the first place. You are being charged under a bylaw that usually is lumped with other noise bylaws (eg. House construction during certain hours). There are tests in this case and the fines are extremely more significant than under the HTA.
maddog wrote:
which in many ways is against our freedom to travel around without penilties,
um, what?
maddog wrote:
but here is a little unknown point you can make if they (cops) do try to make you submitt to one of their tests which of course they will fine you if you go above the Governments set limit;
There is no set limit and there is no test. If you want to quote to an officer the highway traffic act while refusing to play along before you even know what you're being charged under, you're going to end up in more trouble than you already are. There are no limits to excessive noise from an exhaust under the HTA. If an officer feels it's an issue of safety to the others around you, he will give you a ticket. He doesn't need you to submit to any test.
If you are referring to specific City Bylaws regarding motorcycle noise, it has nothing to do with the Highway Traffic Act. Quoting the HTA means zero because you are not being charged under the act in the first place. You are being charged under a bylaw that usually is lumped with other noise bylaws (eg. House construction during certain hours). There are tests in this case and the fines are extremely more significant than under the HTA.
You are not looking at s82 fully. The sections regarding notice (in the prescribed form) only apply to inspection requirements to the owner for reporting to another location after the fact. The driver (at the time of the stop) is required to follow the officer to any appropriate area and submit to tests.
You are not looking at s82 fully. The sections regarding notice (in the prescribed form) only apply to inspection requirements to the owner for reporting to another location after the fact. The driver (at the time of the stop) is required to follow the officer to any appropriate area and submit to tests.
Examination of vehicle
(2) Every police officer and every officer appointed for the purpose of carrying out the provisions of this Act may require the driver of any motor vehicle or motor assisted bicycle to stop, move the vehicle to a safe location as directed by the police officer or officer and submit the vehicle, together with its equipment and any vehicle drawn by it, to the examinations and tests that the police officer or officer may consider expedient.
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
This happened in last year (2015) April. I was going to pick up my son from Queen's University (Kingston) after his exams, and I guess I was too excited and was caught speeding 36km. The cop didn't say anything to me, just asked for my registration etc. Came back and handed me the ticket and…
Asking for input on whether I should hire someone or go to court myself.
Situation:
Was on a 60 road with a bit of traffic. Construction on the two right lanes leaving just a left turn lane and the centre lane. It was a green light so I accelerated (also writing down on my statement that I…
I got ticketed for a 72 in a 50 zone that I actually thought was a 60 zone as it was less than a km before.
I had an aggressive driver on my bumper so after tapping my brakes a few time I accelerated to merge into a different lane which was when I got caught in a speed trap.
I'm laughing my a$$ off at the scales of injustice in this town... This is a crazy story!
I'm cycling from home to work on Oct. 3 & get struck while traveling through my green light by a jeep turning right at his red light at the corner of Hwy101 & Brunette Road (Hollinger Park)!…
I was in court last week and the crown and judge agreed on a joint submittion that I plea guilty to dangerious driving. The judge commended me on the work I have done to improve myself and stated that there would be no prohibition on my drivers licence. He gave me a fine and one years probation…
Got a ticket for failure to obey sign. Essentially went straight on a right turn lane when there was a traffic blitz going south from Markham Main st past Hwy 7 east.
I received my notice of trial for July 17th but I assumed this was going to be a first appearance or is this the actual trial…
I've posted at this forum before under a different username a while back, which I unfortunately can't remember, and at that time the people who replied back were extremely helpful and for that I'm grateful.
Last night I was leaving Toronto driving north on University just north of Queens…
In early March I was driving in the Yonge & Churchil area. An officer said I failed to stop at a stop sign and ticketed me 110+3 demerits. While getting my license etc. I have multiple photocopy of my car ownership in my car, and that I thought I handed him the copy with the validation…
Hi, I am from Ontraio, Canada. I was using my friends car for moving some stuff around and was stopped by police and could not produce insurance slip. Got $65 ticket and paid it thinking not to make fuss about it. I know I made a mistake by not contesting it more so given that it was my first…