Tougher bylaws, heftier fines sought by police to muffle noisy bikers

OFF THE WIRE
Biker Rights Issues
EDMONTON — Licence-plate seizures, tougher bylaws and heftier fines are among the measures that could help muffle loud motorcycles, a council committee was told Monday.

"These (motorcyclists) are passionate about their bikes and passionate about the noise they make," said William Donner, a retired RCMP officer. "It's basically saying, 'Look at me, I'm cool,' It's like putting a baseball card in your bicycle spokes when you were a kid."

Members of council's community services committee agreed more action is needed to crack down on the noise.

Police Insp. Brian Lobay told councillors that ticketing loud bikers is difficult because officers have to decide whether noise is excessive and unnecessary.

He said the provincial government is weighing new legislation that would set strict decibel limits and prescribe technology to accurately measure vehicle noise.

"That would give us a definitive noise level to indicate whether a vehicle is in compliance or not," Lobay said. "Right now, the law is very subjective. What is excessive to one person many not be to another person, so it's hard on our officers."

Donner, however, urged the city to look at other enforcement options rather than wait for the province.

He said noise-testing equipment was likely unnecessary, overly complicated and may not stand up in court. Instead, officers should be trained to identify motorcycles with modified exhaust systems that make noise, he said.

Most who attended Monday's meeting agreed the current provincial fine of $115 for a noise offence is not enough.

"The major deterrent is always the pocketbook," Lobay said. "Personally I don't think a $115 fine changes people's attitudes."

Committee members asked city managers to prepare a report looking at the feasibility of some enforcement ideas and how the city could design its own bylaws.

In the meantime, from May to October, police plan to conduct another anti-noise campaign.

Last year's effort had mixed results. For one blitz, the traffic section devoted 14 full shifts to the program, but only 63 of the 1,635 charges they laid were related to excessive noise.

A total of 383 noise charges were filed during all of 2009, up from 218 the year before.

Of those cases processed by the court, 86 per cent of the defendants were penalized, either by voluntarily paying the fine, pleading guilty or being found guilty. Close to half the offenders never showed up to court and were convicted in absentia.

The committee also asked for a report on noise caused by fire trucks and ambulances at early morning hours. Coun. Jane Batty said she would like to see if there is some way to reduce that noise without compromising safety.

Tim Wilson, spokesman for the fire department, said lights and sirens are required by law at all times when a fire truck is exceeding the speed limit en route to an emergency scene. He said fire-truck drivers can also use air horns, especially at busy intersections. The department wants to keep the horns to a minimum at night, but their use has actually gone up because many motorists are not yielding to fire trucks, he said.

Original article...

http://www.edmontonjournal.com/cars/Tougher+bylaws+heftier+fines+sought+police+muffle+noisy+bikers/2628673/story.html