City may silence loud bikes

OFF THE WIRE
City may silence loud bikes
Motorcycle noise spurs bylaw talk; bikers voice concern
By David Hutton, The StarPhoenix July 23, 2010 Comments (10)
Saskatoon police may soon have more tools to crack down on noisy motorcycles, with the question now whether the city or the province will lead the charge to bring forward more stringent regulations.

But an exuberant and growing number of local bikers oppose any change, arguing the noise emitted by exhaust pipes helps alert drivers, many with their radios on in soundproof cars, to a motorcycle's presence.

The persistent roar and thunderclap starts of motorcycles has become a hotly debated issue across the country. Saskatoon police are joining a chorus of agencies in lobbying for a specific noise level to help get convictions in court.

Whereas cities such as Edmonton have enacted bylaws to crack down on motorcycle noise, the Saskatoon Police Service is lobbying the provincial government to amend the section of the Traffic Safety Act governing vehicle noise so that it includes a decibel level limit.

A spokesperson for Saskatchewan Government Insurance, which handles the issue, said Thursday the provincial government isn't "contemplating any changes" and views vehicle noise as an issue for local government.

City police are backed by the city solicitor and several councillors who agree a local bylaw governing motorcycle noise is needed if the province officially declines to move on the issue.

"If (the province) is not going to do it, we will be bringing forward a bylaw," city solicitor Theresa Dust told council Wednesday.

Police have had trouble getting convictions without a specific decibel level attached to the statute. Even when they've used a sound meter to measure noise, courts have often thrown out the fines because there's no objective threshold that's being crossed, said Staff Sgt. Grant Obst.

"Basically (the current statute) when you boil it down leaves it to discretion of the enforcement officer to determine if noise is excessive," Obst said. "That's hard to measure and it's a very subjective opinion."

Most complaints about motorcycles relate to common modifications to exhaust pipes that make bikes noisier, but the decibel limit should be applied to all vehicles, Obst said.

Those in favour of the bylaw attribute the noise to the outlaw biker culture that celebrates sonic aggression, but a local lobby of motorcyclists argues a loud exhaust system simply alerts drivers to their presence on the road.

"If I gun my throttle a little bit, (drivers) know I'm there," said Patrick Burke, a 35-year-old owner of two cruisers. "It takes a little bump to throw you into a curb, and most people aren't paying attention."

A sticker on Burke's 2004 Yamaha V-Star reads Loud Pipes Save Lives, a slogan he says holds true. He has replaced the exhaust system that came on his motorcycle with straight pipes -- hollow chrome tubes devoid of any noise-dampening system that emit a thunderous roar -- to make sure drivers know he's there and don't cut him off.

Burke said he plans to organize a grassroots protest of any move to enact a noise threshold.

"Inconsiderate riders are ruining it," he said.

Chris Duke, a 34-year-old local Harley-Davidson rider, admits there's a "fine line between loud and obnoxious," but said the current provisions in the Traffic Safety Act are sufficient. Bylaws enacted in places such as Edmonton discriminate against motorcyclists while not applying the same law to those who add aftermarket exhausts to vehicles or install loud stereos, he said.

Obst said motorcyclists are going to have to find other means to ensure they're noticed by drivers other than a loud rumble. The noise from a legal, unmodified exhaust system is enough to announce that a motorcycle is nearby, he said.

"I have to be a little sympathetic," Obst said. "We understand that some motorists don't seem to recognize there are vehicles out there with only two wheels. But if you're going to ride a motorcycle . . . we're going to have to work on other avenues other than the sound to get noticed. As soon as they accelerate they shake the windows and houses and dishes fall out of the cupboard.

"The downside far outweighs the benefit."

dhutton@sp.canwest.com

A GROWING TREND

Q In June, Edmonton became the first jurisdiction in the country to pass rules governing noisy motorcycles. Under Edmonton's rules, bikers will face a $250 fine if caught blaring their vehicles above 92 decibels while idling or 96 decibels while engaged. Police will test the bikes for different decibel thresholds when they're idled or operating at various revolutions per minute.

Similar measures are being investigated in Regina, Winnipeg, Vancouver and several Maritime cities.

Q In the U.S., there is a federal noise limit of 80 decibels, comparable to the level of a vacuum cleaner or an alarm clock. On new motorcycles, exhaust pipes bear a stamp from the manufacturer certifying that they meet the 80-decibel limit. Several states and cities are investigating new laws that give police the power to ticket the drivers of motorcycles that are missing the factory stamp.


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