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Friday, June 10, 2011

Canada - Biker bylaw grossly unfair

OFF THE WIRE
 edmontonsun.com
There is a prevailing modern policing theory — perhaps correct — that crime rates can be lowered by starting with the little things.
New York experienced it under then-Mayor Rudolph Giuliani’s watch when, known internationally as a cesspool of crime, its department began making itself massively more visible through crackdowns on basic incivility, things like littering, grafitti and disturbing the peace.
It’s an admirable idea. Sometimes, when these lesser issues are also of  great community importance, it’s even more impactful than was expected.
But wasting resources and time to police loud motorcycle tailpipes does not fall into the category of “community importance,” let alone paramount.  Why? For several reasons —all the while acknowledging that unless you happen to own a big bike, you probably find them annoying.
First, there’s no evidence motorcycles contribute more to community noise than anyone else, so it’s unfair to selectively prosecute their owners. The most exhaustive study of urban noise, out of Vancouver, suggested trucks and buses contribute far more than other sources.
Second, the city licenses businesses that sell illegal products under this bylaw, as there are stock bikes louder than the 92db limit when measured closely at idle.
Third, measuring a bike in close proximity when its noise is actually heard from usually more than 20 feet away is patently unfair. Measuring at all is unfair, given that there’s no evidence of community harm. But measuring it in close proximity guarantees bikes that aren’t loud enough to annoy will fail.
Fourth, it’s redundant. The city has an existing community standards bylaw to address disturbing the peace that could be amended. It ALREADY allows the city to bust vehicles making 85db of noise for 15 or more minutes. Take away the 15-minute time limit, and presto, end of selective prosecutions.
Fifth, there are bigger “small issues” that officers could use to remain visible, including both excessive speed and the equal number of drivers impeding traffic by driving too slowly on multi-lane roads.
Eventually, a court will probably conclude this is rankly unfair, as Coun. Dave Thiele explained when he voted against it. It will cost time and money, and accomplish nothing.
Scrap this foolish bylaw.