Porsche Club of America: Canada West Region
tSpon1soarahesd
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ADVICE FOR PCA CANADA WEST REGION MEMBERS ENGAGING WITH LOCAL POLICE
Following Kevin Yeung’s letter, we’ve been totally overwhelmed by the incredible amount of support we received from our members and the public. It’s a testimony to Kevin’s fairness, professionalism and class. We’ve also been inundated with questions on what to do when the Police stop you, because lets face it, it sucks to get pulled over.
While walking my dog after our club’s breakfast drive today, I reflected on the time when I joined Kevin Yeung, Todd Coupal and Jeremy Schaab (Porsche Vancouver General Manager and Regional General Manager for Dilawri Group – Canada’s largest automotive group, shown here on right) to meet with Inspector Earl Andersen (shown here on left) and Kevin Bernardin at Porsche Vancouver. I remembered when Earl performed the ISO5130 noise test on Jeremy’s completely stock company 2019 Porsche 911 GTS – 991.2.
Jeremy’s Porsche failed! We were floored! (Of Note: We learned later that in addition to this brand new, built in compliance with safety standards issued by Transport Canada Porsche, a McLaren 720S was also tested earlier in the day and failed as well!).
Earl is the head of traffic for VPD and simply one of the finest police officers I have ever met. He’s exceedingly experienced and knowledgeable – he was also an instructor at the Canadian Police College and a Professor at Langara College. Very few people could perform the noise test better or more fairly than Earl. As we left Porsche Vancouver together, Todd who as you know is our Safety Chair, Kevin and I began to fear; if Jeremy’s company car failed with Earl personally testing it, then maybe all Porsches could fail.
After walking my dog, I called Kevin and Todd and we collaborated with friends from law enforcement and legal to share these helpful tips for our PCA Canada West Region members.
TIPS FOR PCA CANADA WEST REGION MEMBERS – WHEN YOU ARE STOPPED BY POLICE FOR VEHICLE SAFTEY OR SUSPECTED SOUND VIOLATIONS
Please treat these recommendations only as a reference – this is not a legal document and should not be treated as one.
IF you are unfortunate enough to be stopped and subjected to a roadside vehicle inspection and/or sound test:
1. YOU HAVE RIGHTS AND FREEDOMS. As Canadians, our Charter of Rights and Freedoms protects us from an unreasonable or arbitrary use of power by the Police including searches or privacy intrusion. We are protected by freedom of speech but be mindful of what you say to the police if you are pulled over – say less is best.
2. BE POLITE. ALWAYS. Calmly comply and cooperate with the officer - even when you believe it is unfair. He is just trying to do his job so please be professional and courteous as possible.
3. RECORD THE INTERACTION. We all have smartphone these days so record your interactions with the officer. People are often unaware of their rights to video the Police. But the fact is the Police actually have no rights to privacy in public – especially in uniform. The officer cannot stop you from filming them or seize your phone or camera - unless they tell you that you are obstructing them from doing their job (they must explain how you are obstructing them). They cannot block, delete or alter any of your recordings or photos. It’s important to film the officer while they are executing their procedures and/or explaining to you what they are doing – you will have plenty of time to review the recordings with experts afterwards. Having spoken to Earl, he is confident his VPD traffic officers will be polite and professional and welcome people recording them doing their work.
4. LET THE POLICE TALK FIRST. Let the officer start talking and start recording or taking careful notes.
5. DO NOT ADMIT GUILT. Most officers are polite and professional and they are also trained to be good listeners. You might think they will let you off with just a warning but they can be waiting for you to admit guilt. So be careful because the officer might appear to understand you but once you say something incriminating, the officer can use it against you on by issuing you a ticket or in court if you challenge him.
6. TELL THE TRUTH. Do not lie to the officer, but keep your answers to questions brief. The officer might ask, "Do you know why I stopped you?" If you answer at all, your answer should always be “No.” Let him explain to you while you record him.
VEHICLE SAFETY AND/OR SUSPECTED NOISE VIOLATIONS. Unlike speeding violations, which rely on police issued radar equipment, vehicle safety and noise violations like 7A.01 rely on the officer’s SUBJECTIVE abilities and rely on case precedent: Regina vs Ian James Tootill.
REGINA VS IAN JAMES TOOTILL
https://www.bccourts.ca/jdb-txt/SC/1...12BCSC1015.htm
1. 7A01 applies a subjective standard, and based on Constable Bercic experience and expertise. He has been riding Harley Davidsons since 1982 (30 years).
2. It is pointed out that only the subjective observation of the officer matters, whether he observed less noise at other time or not does not matter.
3. It was crucial for the decision was that officer was extremely familiar with Harley Davidson motor cycles and recognized the after market “Screamin Eagle” aftermarket exhaust he observed on the motor cycle.
4. In R. vs Toothill the officer only issued a ticket and not a notice and order which means he suspected.
5. Justice Lim’s decision concludes:
a. The thrust of the defense evidence in this case was whether or not the officer used his sound level meter correctly or not in accordance to some standards that have been prescribed. I note that officer did not charge pursuant to s. 219, therefore we are not dealing with the objective standard which would involve the meter, in this case, whether or not the officer used his sound level meter accurately or not is not of relevance. The officer decided to charge under s. 7A.01 of the Regulations. That is the subjective section.
b. The officer indicates that he has driven the Harley Davidson for many years, and it was his opinion that this was louder than normal. I am satisfied the officer’s professional expertise gives him the ability to form that opinion. I am satisfied that subjectively this motorcycle was unnecessarily loud. Accordingly, Mr. Tootill is found guilty as charged.
SUBJECTIVITY IS VARIABLE
NOT all police officers are as subjectively credible and / or experienced regarding their subject matter. In Regina vs Tootill, Constable Bercic’s subjective credibility came from his vast experience with Harley Davidson - which dates back to 1982.
EXPERTISE AND EXPERIENCE CAN CHALLENGE AN OFFICER’S SUBJECTIVE COMPETENCE
Using Kevin’s experience for example the officer who stopped him said that he did not have any Porsche experience. Unlike Ian Tootill’s modified Harley Davidson motorcycle, Kevin Yeung’s Porsche 991.1 Targa 4S was completely stock and unmodified. Kevin’s car was inspected by Porsche Vancouver and CVSE who both confirmed that it was completely stock and in perfect working order. The CVSE also confirmed that Kevin’s car was compliant with Vancouver’s noise limits.
When Kevin told Todd and I that the officer described that he heard a high whining noise (which is produced by massive superchargers), screaming and popping and banging sounds (often produced by large displacement Italian exotic cars) coming from his bone stock Porsche Targa as it came to a stop from 60 to 50 kph in traffic. We were dumbfounded. We immediately realized that the officer probably made a mistake (please don’t be overly critical because mistakes can happen. We are human and try to be good people) and stopped the wrong car. Having driven Kevin’s Targa extensively on many occasions at all speeds and at high RPMs both Todd and I knew it was impossible for Kevin’s stock Porsche Targa to produce this wild cocktail noises as described – or I could sing like Pavarotti as Todd plays the guitar like Slash. Todd and I shared our Porsche knowledge, experience and expertise to assist Earl and Kevin with the VPD’s review of Kevin’s ticket. CVSE inspector James Daniels who himself is a 20 year veteran Porsche mechanic and also a founder and editor of a leading Porsche publication with over 20 years of Porsche experience who has driven Kevin’s Targa - and actually owns the same model himself both weighed in and contributed to the VPD’s ticket review. This is just one example of how expertise and experience can challenge an officer’s competence.
THE POLICE’S AUTHORITY – and their subjective competency
A Police officer has the authority to stop you; they can conduct roadside tests on your vehicle. They can issue you a notice and order for a vehicle inspection if they subjectively suspect that your vehicle is unsafe and/or a noise violation ticket if they subjectively suspect your vehicle is noisy. The officer’s subjective competence must be determined and examined – ideally recorded.
But remember in BC traffic court the officer acts as the prosecution, they have the burden of proving beyond a reasonable doubt that you committed the offence set out on your ticket. The judges are fair and will not blindly believe only what the officer says, they will also listen to you and determine the officer’s subjective competence based on the evidence you provide to refute them with.
WHEN GATHERING EVIDENCE. When gathering evidence, the details matter, so it’s important for you to film or at least take careful notes of the officer’s answers to the following questions to cast reasonable doubt on his subjective competence.
1. REQUEST TO PEFORM A VEHICLE SAFETY INSPECTION. If the officer wants to perform a vehicle safety inspection ask them:
a. Have you received formal vehicle safety inspection training, directives and procedures from your current or past police agency (name the agency) or a licensed CVSE inspector?
b. What expertise do you have with Porsches? Do you know Porsche makes many versions of each model? Do you know that they have different specification (wheel sizes, ride heights, exhaust systems and lenses)?
c. What processes and procedures will you be following for the inspection?
d. If they issue you a notice and order for a vehicle inspection - ask them what are the defects they identified. For example ask him do you believe my car deserves a box 2 full inspection? Why not a box 3?
e. If they designate you to get your car inspected at a Porsche Dealership, inform them that both Porsche Vancouver and Porsche Langley do not conduct vehicle inspections. Ask why can’t I bring my vehicle to a CVSE inspection centre? Are they not qualified to do vehicle inspections on road cars?
2. REQUEST TO CONDUCT A NOISE TEST. If the officer wants to conduct a noise test ask them:
a. Have you received formal noise testing training, directives and procedures from your current or past police agency (name the agency) or a licensed CVSE inspector?
b. What testing procedure will you be applying? In BC, they will most likely state ISO5130.
c. Is your noise-measuring device issued by your police agency and it meets the requirements of ISO5130?
d. Has your noise-measuring devise been calibrated – if so by whom and when?
e. Is this roadside location a suitable testing location to conduct this procedure? Take a good video and / or many pictures of the location.
f. Have you determined the meteorological conditions prior to testing my vehicle? Specifically can you tell me the ambient noise of the location from wind and passing cars.
g. Please explain to me exactly what steps you will be taking to collect the noise measurements from my car.
h. My car is a Porsche 911/Boxster/Cayman/918/Carrera GT it is a rear/mid engine vehicle. What caution will you be exercising to measure the noise because my engine and cooling fan noise can prevent accurate measurement of exhaust noise?
i. Will you be preparing a testing report for me? If so when can I see it? If not why not?
j. *If he says that he is conducting the noise test for educational purposes only. Ask him to confirm that all sound measurements taken from his test will not appear on the PRIME incident records, the violation ticket notes or on the notice and order. Educational purposes only means that they cannot be written and or used to influence his investigation of your ticket.
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