Quote:
Originally Posted by 68style
This was posted on the Facebook Alliance page by one of the mods, I think it's a very practical and orderly guide to use if you are pulled and subjected to some of these "testing procedures" maybe even print them out to keep in your car.
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This is my suggestion ONLY and does not constitute legal advice, but getting this information if you are stopped will likely help you fight 'noisy exhaust' tickets and filing a complaint if you choose to do so. I take no responsibility for what happens, but I believe these are reasonable things to ask.
Be friendly and film the interaction!!! And please fill out the form in the announcements section of this group if you do get a ticket and/or notice and order for an inspection.
Ask him what you are being pulled over for? If you are being pulled over for a loud exhaust, ask:
- What is the legal limit for exhaust noise?
- Were you doing something to cause unnecessary noise or are you being ticketed simply because of the exhaust you have installed? (it's good if he says it is just the exhaust, because 7A.01 is a driver behavior ticket)
Ask the following questions if they want to measure you:
- Are they using this to determine if you are violating MVA regulations?
- How will they be measuring the exhaust and positioning the microphone?
- State that the MVA and Federal regulation limits of 83db (if that’s what they quoted in response to 3.a.) is based on international regulations SAE J986 which is a measurement taken 15m from a vehicle in motion at 3/4 load. Why are they using a standard and procedure that isn’t in the BC MVA or federal guidelines for passenger vehicles? The procedure they are describing is for motorcycles or under a completely different standard (ISO 5130, not used in BC or Canada)
- Where are they getting the benchmark values for their test since it’s different from BC MVA and Federal standards?
If they are asking you to perform the test, state that if you do so, you would be violating MVA regulation 7A.01 because you would be causing unnecessary noise by revving your engine while stopped. You don’t want to break the law, but they are free to conduct the test themselves. (Note: the reason you want them to conduct the test is because it’s not valid anyways, and you can film them)
If you are getting an N&O, ask him what vehicle defect he is suspecting you of having and why he suspects it?
If you are getting an N&O with a dealership written on it, ask:
- What happens when none of the dealerships in the GVRD have vehicle inspectors according to the government, any authorized facility can perform inspections. Why is he directing you to a dealership?
- What is he basing suspicion of an equipment violation on and why is he issuing you a Box 2?
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I disagree with what this guy is trying to tell everyone but agree with the intentions. Just my 0.02 because there is nothing else to do during the quarantine period.
First off MVA/MVAR rules are provincially governed. This means that the province makes their own guidelines on vehicle regs. I know its conflicting vs the federal standards but ultimately the Federal government has given the power to the provincial gov to make their own guidelines and rules.
Just curious has anyone even consulted a lawyer for the precedent of excessive noise violations? Looks like a lot of the public is uneducated and is complaining at certain officers using amazon db sound meters. It does not even matter how they administer the roadside test in the end to secure a conviction. It looks like lots of mis-information is being spreaded. Police officers do NOT need to use a proper DB meter to measure the noise and sound of a vehicle for a VI or an excessive noise violation ticket.
Look up R. v. Tootil (Former MLA driving Harley.)
https://bcdrivinglawyers.com/can-you...VjMAGqrH55BCZU
Case law precedent: the DB test is just a objective measure to corroborate the subjective opinion of an officer's view that it's loud and unecessary.
If you think that the officers are applying the legislation wrong then what is your argument to the supreme court judge who have used the provision to convict Mr. Tootil of Div. 7. (This is being used as precedent on CAR regulations as well as motorcycle)
I think the real definitive problem here is that the threshold for a VI is very very low. The usage of Vehicle inspection orders are too discretionary as it only requires a suspicion.
They don't need to tell you what they suspect you to have because that's will be written on the ticket.
Example in Quebec they have written in writing: "A police officer who has doubts about the safety of a vehicle can order it to undergo a mechanical inspection, even if the SAAQ had already deemed the vehicle in compliance, because it might have been modified again since the last inspection. Furthermore, if the police officer notices modifications for which you cannot provide a certificate of inspection from the SAAQ, your vehicle could be taken off the road if the officer believes it necessary due to the nature of the modifications." (
https://saaq.gouv.qc.ca/en/road-safe...modified-cars/)
I think what the community needs is something like this an CLEAR idea on whats allowed or prohibited in B.C
Quebec:
https://saaq.gouv.qc.ca/fileadmin/do...ur-vehicle.pdf
Saskatchewan:
https://reginapolice.ca/vehicle/vehi...ifications.pdf
P.S Yes I'm against the notice and orders on stock vehicles. Yes I understand that there are modifications on cars that are factory performance or oem equivalent. It all depends on how you are driving the car. At the end of the day have a dash cam. Shift gears normally don't go above xk rpm in the city especially where it echos. Don't rev your lambo in the city. Don't be on corsa/track/track mode or whatever it is that opens up the valves in your car.
Argument is that sport mode and other modes holds higher RPMs for longer periods = unnecessary noise. Sport mode suspension in some modern cars makes it stiffer.
I'm all eyes n ears tell me if i'm wrong.