From: http://www.news1130.com/news/topstory/article.jsp?content=20070706_093413_5160

Vancouver Police can ticket you if your car is louder than other traffic
Friday, July 06 - 06:35:00 AM

VANCOUVER (NEWS1130) - Turn down the stereos and patch up that muffler if you plan on driving downtown this summer! Vancouver Police are launching a massive crackdown on noise.

Squealing tires, motorcycle mufflers, and blasting bass are just a few of the things the cops will be listening for and anyone who's found to be breaking the 98 decibel barrier will be slapped with a $100 ticket, and 3 points on their driver's license.

In some cases, police will even seize vehicles, test, and then fix them to make sure they comply with manufacturers standards.

Unlike speed-related offences, officers don't need proof you've been breaking the law either. While they do have devices to measure noise, they say they'll ticket based purely on what they hear and if you're louder than the rest of the traffic on the road, that's loud enough to get dinged.


Emphasis added was mine.

--Chris

A better story about the same thing: http://vancouver.24hrs.ca/News/2007/07/06/pf-4317161.html


Man, what's with the noise?
Quieting downtown
July 6, 2007
By MATT KIELTYKA, 24 HOURS

The sun is out, the birds are chirping ... and the chopper cruising down the street rattles the very foundations of your home.

Unfortunately for downtown residents, an onslaught of excessive vehicle noise is one of the signs of summer.

Vancouver police Staff Sgt. Ralph Pauw says the number of serious noise complaints skyrockets in the summer, so the department has kicked off an aggressive campaign to keep motorists in check.

Everything from loud motorcycle exhausts to squealing tires, revving engines and blaring stereos could land you a hefty ticket.

"It's not just motorcycles. We get calls about people driving down Robson Street with their stereos too loud on Fridays," said Pauw. "We're going to check anything officers feel are making excessive noise."

Pauw says he personally received around six vehicle noise complaints from his office daily, and that doesn't include what officers are hearing on the streets.

"We're trying to address concerns especially in the residential areas," he said. "We've already done a few blitzes in June and the vehicles we checked haven't returned."

The ramped up enforcement campaign will continue right through the summer.

Pauw told media that officers are able to issue tickets for excessive noise or even have the vehicle seized for decibel checks

--Chris

This has been going on everywhere here in So Cal for a long time. Esp in Los Angeles and Orange county.

Take it to court and see if The Man shows up. Around here, if he doesn't - you win.

Take it to court and see if The Man shows up. Around here, if he doesn't - you win.

I know NOTHING about Canadian law, but here in the States, many times, cops get overtime just to go to court...

Rarely will "the man" NOT show up...

As far as the ticket is concerned (again, here in the States), a good lawyer can get rid of it pretty easily...

Just because you're ticketed, don't mean you're guilty... :smoke

I know NOTHING about Canadian law, but here in the States, many times, cops get overtime just to go to court...

Rarely will "the man" NOT show up...

As far as the ticket is concerned (again, here in the States), a good lawyer can get rid of it pretty easily...

Just because you're ticketed, don't mean you're guilty... :smoke

I can tell you from my experiences growing up with a cop, they RARELY do not show up, and yes they get paid OT.

A good lawyer is hardly worth the money compared to a ticket, however if one is a friend and wouldn't charge much I guess it would be worth it.

I can tell you from my experiences growing up with a cop, they RARELY do not show up, and yes they get paid OT.

A good lawyer is hardly worth the money compared to a ticket, however if one is a friend and wouldn't charge much I guess it would be worth it.

That's true unless this is the ticket that gets your license suspended.

As cantolina previously said, just because you got a ticket doesn't mean you're guilty. The local prosecuting authority (county attorney. district attorney, city attorney, etc). gets a copy of the ticket, and that person makes the final determination as to whether a charge gets filed and if so, what that charge is.

It's been my experience that very often prosecutors show a good deal more common sense than some cops when it comes to writing tickets. For example, when the speed limit on our interstates changed from 65 mph to 75 mph about 10 years ago, we had a state trooper who was a real dick and wrote tickets on individuals for going 76, 77, or 78 on the interstate. Considering that 76-78 mph in a 75 mph zone all fall within the inherent margin of error of just about every speed measuring device in use, our county attorney declined to file on any of this trooper's tickets. He also told the trooper in a not so nice manner to quit trying to be Barney Fife and use better discretion in handing out citations.

I have to agree with those others who said that it's a rare occasion when the cop doesn't show up for court. They get overtime pay or comp time for showing up. As far as hiring an attorney, I agree that paying a lawyer a $500 retainer to defend you on a $50 noise ticket is a waste of money. However, there are a few of us out there who have been known to take on the occasional case for free just because we think the cop's being a jerk or the ticket was unjust. For example, I'm defending a cop friend of mine who just got charged with DUI. His blood alcohol level was .79, which is UNDER the legal limit. I'm not charging him anything because the prosecutor who filed the charge has a reputation for being overzealous and I think she needs to learn a lesson.

As cantolina previously said, just because you got a ticket doesn't mean you're guilty. The local prosecuting authority (county attorney. district attorney, city attorney, etc). gets a copy of the ticket, and that person makes the final determination as to whether a charge gets filed and if so, what that charge is.

It's been my experience that very often prosecutors show a good deal more common sense than some cops when it comes to writing tickets. For example, when the speed limit on our interstates changed from 65 mph to 75 mph about 10 years ago, we had a state trooper who was a real dick and wrote tickets on individuals for going 76, 77, or 78 on the interstate. Considering that 76-78 mph in a 75 mph zone all fall within the inherent margin of error of just about every speed measuring device in use, our county attorney declined to file on any of this trooper's tickets. He also told the trooper in a not so nice manner to quit trying to be Barney Fife and use better discretion in handing out citations.

I have to agree with those others who said that it's a rare occasion when the cop doesn't show up for court. They get overtime pay or comp time for showing up. As far as hiring an attorney, I agree that paying a lawyer a $500 retainer to defend you on a $50 noise ticket is a waste of money. However, there are a few of us out there who have been known to take on the occasional case for free just because we think the cop's being a jerk or the ticket was unjust. For example, I'm defending a cop friend of mine who just got charged with DUI. His blood alcohol level was .79, which is UNDER the legal limit. I'm not charging him anything because the prosecutor who filed the charge has a reputation for being overzealous and I think she needs to learn a lesson.

Sounds like you're an atty....

This just almost automatically becomes a DUAI, doesn't it?

Typical plea down, anyway....

Yes I am an attorney. Formerly a prosecutor in a child sex crimes unit but now in criminal defense.

I've never heard of a "DUAI"...could you explain it for me please?

the $$ i could care less about,... its the 3 points... as if that should go against your DRIVING record..

Yes I am an attorney. Formerly a prosecutor in a child sex crimes unit but now in criminal defense.

I've never heard of a "DUAI"...could you explain it for me please?

Sorry, DWAI

In NY, they have a great little "catch-all" called Driving While Ability Impaired...typical plea down for .08 or thereabouts...mostly for first time offenders....

I chose NOT to go to Law School earlier in my life, but I've spent YEARS in Family Court...pro se....Hired an atty for a trial once, but usually, family court is a walk in the park....

I always wonder if I was wrong, lo, those many years ago...

I figured being a lawyer might kinda suck...:laugh

Most lawyers tell me I'm right....

What say you? :geek

I wouldn't go so far as to say being a lawyer sucks but if I had to do it all over again I probably would not have gone to law school. I used to be an immigration officer and most of my old friends from that job are making twice as much as me, don't have to work nearly as hard, and aren't paying back student loans.:frownone

I live in B.C. and I'm a member of the B.C.C.o.M.The coalition will actually fight a ticket in court for you if proper procedure on the cops part was not followed.Like not a decibal meter on site.Happened all the time and most motorcyclists just payed the fine.In one city- Kelowna I believe the cops were pulling riders over and asking to see there helmets.If it was non D.O.T. they would confiscate it leaving you stranded.It is within your rights not to hand it over.Just say no to MR.POLEASEMAN!

I can tell you from my experiences growing up with a cop, they RARELY do not show up, and yes they get paid OT.

A good lawyer is hardly worth the money compared to a ticket, however if one is a friend and wouldn't charge much I guess it would be worth it.

Its cheaper than the Insurance Increase here in NC ! A Speeding Ticket here will cost you a little more than the Fine would, But Without the POINTS!

That's true unless this is the ticket that gets your license suspended.

Exactly , Or Skyrockets the Insurance !!

If that happens to me I'll make sure to get the cop really pissed off so he yells, then I will be able to shove a corn cob down his yapper to make sure he complies with the 98 db limit without having to prove he was breaking the law. I'm sure I would get some jail time for that, but I'm willing to do the time.

First, as for the article, I wonder if there is more than one part to the statue. One part that says something like "any noise which creates a disturbance of the peace, or is likely to do so", and a 2nd, more precise part that says "ANY noise over 98 decibels as measured by an approved device". That could be the difference between needing "proof" or not.

Second, for the rest of the stuff.

Like was already said, MOST leo's will show up for a hearing. SOME get paid overtime. Some will even come in on their own time.

Sometimes, the only way to find out the extent of a law, or the intent of the legislators who wrote it, is to arrest people for violating it and let the courts run through it a few times. Sometimes even judges from different districts don't agree on what a law actually says, and you have to tailor enforcement for what you know will fly with the judges in your area. Eventually it all gets worked out. So it may be that it "reads" like they don't need "proof" (but I doubt it), but eventually someone will set a standard of proof that will have to be reached for someone to be found guilty.

The cop who was arrested for being a .079 (I assume counsel didn't REALLY mean .79! LOL.) probably deserved it. Consider that the legal limit in all 50 states ( I think they've all done it now) is .08, we're talking a difference of one 100th of a percent here. A test taken 1 minute earlier or later could have been .08 or higher. That's also why they created statutes that allow for arrests at less than the threshold. And whether he's found guilty or not will probably depend on what his driving was like before he was stopped. Remember, don't think of .08 as the limit under which you are "ok" to drive. Think of it as the limit OVER which you are NEVER ok to drive.

Third, laws and legal systems are so different from state to state, that hard fast rules are next to impossible to come by. Here, I don't think a noisy muffler would cost you any points on your license.

Fourth, ALWAYS take a hearing. It's good practice for the cop, and you just might get some sympathy from him or the judge. The lawyer thing? I wouldn't bother. I've found they usually CAUSE more grief than they save you, especially on minor traffic issues. Go in and try to talk to the officer beforehand. If that doesn't work, talk nice to the judge. Apologize, tell him fixed the problem, and ask for mercy. Can't hurt, and might help.

I live in B.C. and I'm a member of the B.C.C.o.M.The coalition will actually fight a ticket in court for you if proper procedure on the cops part was not followed.Like not a decibal meter on site.!

Being in Canada, you seem to know more about this than anyone else. Do you have a copy of the statute? I'm curious how it reads, and what the whole "no proof" thing is about...


In one city- Kelowna I believe the cops were pulling riders over and asking to see there helmets.If it was non D.O.T. they would confiscate it leaving you stranded. It is within your rights not to hand it over.Just say no to MR.POLEASEMAN!

Are they within their rights to stop you to inspect the helmet, or does it have to be secondary to another violation (like speeding)? Also, I wouldn't try not giving up the helmet. The way I figure it, you're stranded either way. If you put the helmet back on and ride away, the officer can just stop you and cite you again. If I were the one issuing the citation, I'd take the helmet also, as evidence. But I'd probably also offer you a ride to someplace where you could buy a DOT helmet, then take you back to your bike.

*Again, everything I said is based on rules being somewhat the same here and there. They aren't always...

Did you ever wonder exactly when {we the people} lost control of the government?

I know in San Diego California that you can get a ticket for 'obeying' the speed limit! I know first hand, I'm doing 65 on my way to the 5,headed to the Navy Base there,A trooper pulls me over and hands me a ticket for 'impeding the flow of traffic' It was 2AM,So i dont know where all the other cars were,But I was informed that you get a violation for going too slow,too fast AND obeying the posted speed limit,it's all at the discretion of the ticketing officer. assholes

In some cases, police will even seize vehicles, test, and then fix them to make sure they comply with manufacturers standards.

I just find that comical and a little preposterous. Like the city wants to get into a repair program. I guess we'll know if all of the stock exhausts on eBay get purchased by the City of Vancouver. More than likely, they'll just cite the offenders and maybe revoke registration until the problem is fixed by the owner.

This has been going on everywhere here in So Cal for a long time. Esp in Los Angeles and Orange county.

I've been stopped twice and they did not write tickets on either stop. The noise laws in Cal are not enforceable. A superior court judge said the the officers must be able to test with certified equipment, under exact standards and the officer must be retrained on the equipment yearly.

If you get pulled over in California, go to court and challenge the ticket.

Did you ever wonder exactly when {we the people} lost control of the government?

"We the people" lost control of the government when "We the people" started believing the BS that our polititians say... IMHO I know there are good polititions out there, but the majority of them are nothing more than greedy lying bastards, who are controlled by special interest groups and big business, Politiciains who do very little to benefit "We the people" but try dilligently to benift "Me the politician", and give whole heartedly to the " what can I do to make sure I get re-elected next year" train of thought (which has little to do with passing legislation that benifits "We the people" or the constitiuants of said reperesentatives state/distict/country as appposed to legistation that benefits "those who put money in my pockets, and contribute to my campaine"

Well Ill not get on my soap box, but you get the drift.

As far as the noise polution thing, several years ago I got pulled over for DWI, (I beat the charge) but during the process I discovered a little know fact that could also have a bearing in these "noise" type of violations. The Police do not have their breathalizer machines calibrated, so there is no test for accuracy in the results... the machine I "blew into" had .02 on the display before I even blew into it... I called this to the officres attention, and questioned the accuracy of their machine... all of this was on video (since you are taped from th e moment of your arrest till you are put in the cell) for the prosicuting attoreny to see, and that MAY have been one of the reasons I won my case, but this is just to call a point to your attention. This may also be the case with their DB meters... if it says 99 Db...then in their eyes it must be, when in fact it may not be a correct reading because they may not have had their meters calibrated. Always a good point to bring up when you are defending yourself..

The cops in Vancouver don't ticket you they like to Taser you and then jump on your neck and kill you. I think tickets are the least of your worries around here.

KongBastard

Wow, what ever happened to laid back party time Vansterdam??:rolleyes:

DC

"Yes I am an attorney"

Oh, were sorry to hear that...:p:p

Don't they say the first step is admiting to your problem:shhhh

DC

[QUOTE=SportyJoe; The Police do not have their breathalizer machines calibrated, so there is no test for accuracy in the results... the machine I "blew into" had .02 on the display before I even blew into it... I called this to the officres attention, and questioned the accuracy of their machine... all of this was on video (since you are taped from th e moment of your arrest till you are put in the cell) for the prosicuting attoreny to see, and that MAY have been one of the reasons I won my case, but this is just to call a point to your attention. QUOTE]

Different departments and jurisdictions have differing policies. Once upon a time, long ago when I did that type of work, our breathalyzer machines (office units, not portable) were state calibrated at intervals. Prior to each DWI test, we had to zero the unit with a test ampule as a calibration check. We were also state trained and certified and had to re-qualify at intervals. On the other hand, whistling alongside a doppler radar unit can produce fantastic "mph" readings - they are typically calibration checked with a simple tuning fork - we used Yamaha forks. Unscrupulous officers/officers under the gun to produce more ticket revenue, can sometimes manipulate equipment to their advantage. Most of our local departments still do not have in-car cams.