INTERNATIONAL NEWS: Edmonton motorcyclist's noisy-bike ticket quashed Commissioner cites improper testing by officers

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www.edmontonjournal.com/technology/Edmonton+motorcyclist+noisy+bike+ticket+quashed/4303380/story.html
edmonton motorcyclist's noisy-bike ticket quashed Commissioner cites improper testing by officers

By Alexandra Zabjek, edmontonjournal.com
February 17, 2011 3:17 PM
EDMONTON - An Edmonton motorcyclist who was facing a $250 ticket for having a noisy bike had the infraction quashed in court Thursday because testing on his Yamaha 650 wasn't done properly.
"I have difficulties with the ways the testing was done," Commissioner William Andrew said in his decision that dismissed Stuart Young's ticket.
The ruling could set a precedent for motorcyclists who have been ticketed as a result of a controversial city bylaw that imposes measurable limits on noisy motorcycles, restricting them to a maximum of 92 decibels when idling and 96 decibels when operated above idle.
Young, 25, was stopped at 70th Avenue and 104th Street around 6 p.m. on July 8, 2010 and officers found his motorcycle tested at 100.3 decibels when revving at 2000 r.p.m.
But Andrew noted that evidence presented about the testing done on Young's bike deviated from accepted standards set out by the Society of Automotive Engineers (SAE). For example, he found no evidence as to whether testing for ambient noise was done immediately before Young was pulled over, or whether that testing had been done several hours earlier.
He also noted there was no evidence to show the exhaust outlet on Young's motorcycle was 10 inches from the curb or that all buildings were eight feet away from the motorcycle - rules that are set out by SAE.
"There has to be some balance between making it nearly impossible to take measurements ... but it has to be done accurately," Andrew said.
Young said he was elated with the commissioner's decision.
"For motorcyclists it means they have something to help them when they go to court," the University of Alberta student said outside court. He thinks the problems that arose with his ticket have likely been repeated with the vast majority of tickets handed out to Edmonton motorcyclists.
Young criticized the city bylaw, saying it was rushed without enough time to properly train police officers and without looking at other noisy vehicles, such as trucks and cars.
"In doing that, they not only wasted a lot of taxpayer dollars - if you think of the thousands upon thousands spent doing the tests, now all the people fighting them and the court costs, I mean I think the City of Edmonton should be ashamed of themselves, of how they pushed this through so quick and hopefully they'll take another look at this."
When asked if he thinks his motorcycle is too loud, Young smiled and said he had since sold his Yamaha 650.
"I don't agree with guys with crazy-loud motors with cracking and popping," he said. "But where I was at, and where the majority of people are at is just over the cusp or just on the cusp and that's definitely not too loud. Obviously, I'm biased, but I think we're OK."