Motorcycle noise by-law

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).

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.

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.