Canada,Motorcyclists fear proposed noise bylaw targets them

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http://www.caledoncitizen.com/news/2010-09-16/News/Motorcyclists_fear_proposed_noise_bylaw_targets_th.html Motorcyclists fear proposed noise bylaw targets them 2010-09-16 / News By Bill Rea Efforts to imposed objective measurements on excessive motorcycle noise are drawing support from many living around Belfountain and Forks of the Credit.

But there are others, including motorcycle enthusiasts, who are not enthused. Many of them think bikers are getting a bad rap.

Comments from both sides of the debate were heard several times last Wednesday night as the Town hosted a public information meeting on the proposed bylaw.

Town Clerk Karen Landry reported the bylaw is scheduled to go before council this coming Tuesday (Sept. 21).

Peter Gross, of the Town’s legal services department, said the bylaw was aimed at regulating excessive noise through the use of equipment at roadside stops. He added it was designed to balance the rights of residents being disturbed by the noise and the motorcyclists who use the roads.

Staff Sergeant Greg Sweeney, operations manager of Caledon OPP, told the meeting the local police support this effort.

He said excessive noise is covered in the Highway Traffic Act, but since those provisions are subjective, it’s hard to get convictions. He added most police officers don’t have the expertise to determine if a muffler is working properly or not.

The proposal is to employ a method from the Society for Automotive Engineers known as J2825, which was demonstrated to council in July. Sweeney was confident it would provide reliable readings, adding a similar bylaw has been passed in Edmonton, and any stock motorcycle there has passed the tests.

“If you have a stock bike, and you’re in the Town of Caledon, you’re safe,” he declared, adding illegallymodified bikes will likely fail.

Luc Fornier, director of government relations with the Motorcycle and Moped Industry Council (MMIC), told the meeting noise has becoming more of an issue in recent years, adding Caledon is not the only municipality trying to deal with it.

Fornier said all new motorcycles sold in Canada are subject to specific federal guidelines regarding noise. That involves a very complex test which is costly and can’t be conducted at the side of the road. J2825 is a simpler test, using a minimum of equipment.

The proposed bylaw would have a motorcycle pass the J2825 test if it creates no more than 92 decibels at 50 centimetres from the exhaust outlet when the machine is idling. In comparison, he said a jet at takeoff from 25 metres away creates 150 decibels and thunder creates 120.

He added Transport Canada has reviewed it and determined that J2825 does what it’s supposed to do.

Fornier added this is not a safety issue, stating there’s no evidence that motorcycle noise increases safety. Defensive driving, he said, is more effective in that regard.

He called this procedure “easy, quick and inexpensive.”

“We believe it’s a win for everybody,” he added. “It removes the guessing out of this.”

Despite that, there were a lot of skeptics in the meeting room, with several people wondering why it was motorcycles that were apparently being blamed for all the noise.

One man argued the motorcycle noise adds to safety, because it advises car drivers they’re around. A lot of drivers don’t see them. He also charged that motorcyclists were being forced to answer for the actions of a few hooligans. “Don’t penalize all of us,” he urged.

One woman wondered what was being done to control the noise from trucks, adding the bylaw would discriminate against motorcycles. She added a car can make excessive noise, but no one is targeting them.

“Is this just a way for Caledon to make money?” she asked. “I just find it offensive that we’re even talking about it.”

Another man said he had no problems with regulating noise, but agreed the proposal discriminates. “I do feel it is prejudiced against motorcycles,” he said, adding it seems to be people in one specific community that has an issue on this.

He also wondered about the cost of the equipment involved in J2825. Gross told him the Town anticipates it would cost about $1,500 per unit, and the plan is to get two. As well, he said there would be another $500 spent on calibration to make sure they work right.

“It sounds like a lot of money,” the man observed.

But Nicola Ross, president of the Belfountain Community Organization, said hundreds of motorcycles visit the hamlet over weekends. “We do get overwhelmed some days,” she said, adding they were glad to see the bylaw and would help any way they could.

Others in the room were enthused too.

“What we’re doing here this evening is wonderful,” declared one Forks of the Credit Road woman.

There were suggestions from some in the audience to try and find middle ground. One man said the proposed bylaw was a good start, but should be expanded to cover other vehicles that have been modified and poorly maintained.

There were some local residents who were sympathetic to the bikers. One woman pointed out they live in a picturesque area and have to share it. She didn’t think motorcyclists should be targeted.

Another woman said it was a matter of respect. She didn’t have a problem with bikers, but said some of them are loud enough to halt conversations and that wasn’t fair.

One man complained he could hear the noise of motorcycles from some five kilometres away. Another said he has a neighbour in the motorcycle business, and he has talked of moving away because of the noise of the bikes.

Another man said he has elderly neighbours who have literally been driven to tears from the noise. “I’m absolutely blown away that the problem’s this bad,” he said.

Sweeney denied there’s any thought of targeting anyone. One man had wondered if there was any noise complaints coming from residents of Palgrave or Caledon East. Sweeney said police spend a lot of time in the Belfountain and Alton areas because they attract a lot of tourist traffic. He repeated that they devote a lot of attention trying to enforce noise regulations if things are excessive, adding the proposed bylaw will make things more objective.

“We’re not trying to pick on people, target people or anything like that,” he stressed.

Ross added people in Belfountain have worked hard to get things to this stage, and that has included lot of complaints to police. “The police are sick and tired of us,” she remarked.

There had also been suggestions from some at the meeting that chasing bikes out would hurt local businesses. Some of those businesses have posted signs saying motorcycles can’t park there, and Ross said they haven’t been suffering.

Councillor Richard Paterak addressed suggestions this would generate revenue for the Town. “It’s not about money,” he declared, adding it’s about behaviour modification and safety.

Councillor Doug Beffort said Belfountain is not the only problem area. Concerns have come from people living in Inglewood, Alton, Cataract and Caledon village.

Beffort was also curious about the results of the bylaw in place in Edmonton. “It’s made a big difference,” Fornier told him

There had been some suggestions from the crowd that posting signs asking bikers to keep the noise down could help. Councillor Nick deBoer wondered how something like that could be enforced. The J2825 method would set standards. “You remove the grey area,” he said.

But he also suggested holding a session in which motorcyclists could bring their machines to be tested. Fornier said he would be prepared to provide the equipment, adding he’s taken part in such sessions before.

“We’re going to have the same results here,” he said. “Most people who have loud pipes know they have loud pipes.”