Motorcyclist with loud pipes tells judge he was 'railroaded' by zealous cop Read mor

[Vale46Rossi]

A former Harley-Davidson owner appealing an excessive noise ticket has told a judge that a motorcycle cop with a penchant for handing out excessive noise tickets has overstepped his bounds.

The case concerns an appeal in B.C. Supreme Court by Ian Tootill, a Harley-Davidson rider who was cited by Vancouver Const. John Bercic on Beach Ave. in 2009 for being too loud.

Tootill’s appeal of the $109 ticket contends that Bercic singled him out “arbitrarily” and that Bercic’s own personal noise meter, not police department equipment, was used to test the Harley.

“I was railroaded,” said Tootill.

Crown counsel Elizabeth Wolfram argues the ticket was correctly issued and upheld in Traffic Court in 2010.

“There is no way this was a miscarriage of justice,” she said.

Court heard that Bercic handed out 100 noise tickets in 2008, the most of any VPD officer.

Wolfram said Bercic handed out the most tickets because he had the “training and expertise, probably the most in the department.”

She said Bercic, who has ridden a Harley himself on the job for 20 years, heard the noise from Tootill’s bike to be “twice as loud” as permitted.

Court heard that Bercic used his personal testing equipment. Toothill introduced as evidence letters from the VPD and Attorney General Shirley Bond which said such equipment is not permitted.

But Wolfram said the use of personal testing devices was irrelevant because Tootill was convicted under a different section of the Motor Vehicle Act.

That section only requires an officer’s subjective view that the noise exceeds limits.

“The officer’s professional expertise gives him the ability to determine whether a motorcycle is unnecessarily loud,” she said.

She said the Harley-Davidson was outfitted with Screaming Eagle pipes, which the manufacturer says are not recommended for road use because they are too loud.

“This appeal should be dismissed,” she said.

Tootill, who has sold his Harley, said he doesn’t expect to win peoples’ sympathy, but he wants the law to be applied fairly.

“I don’t drive like an idiot and I hate people who do,” said Tootill, an advocate for motorbikes. “I’m doing this because of my Scottish heritage. I’m stubborn.”

Justice Miriam Gropper has reserved her decision.

kspencer@theprovince.com

twitter.com/kentspencer2

© Copyright (c) The Province


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Motorcyclist with loud pipes tells judge he was 'railroaded' by zealous cop

[CharlieH]

i'll gladly pay $109 every time a cop pulls me over just so i can let the cagers know i'm on the road with my loud ass exhaust. despite what some people say, i still firmly believe that having a loud pipe could be the difference between some fob knowing you're riding next to them or not.

[GGnoRE]

Originally Posted by StevenDuang

“I’m doing this because of my Scottish heritage. I’m stubborn.”

Hmm....

[eurochevy]

Originally Posted by CharlieH

i'll gladly pay $109 every time a cop pulls me over just so i can let the cagers know i'm on the road with my loud ass exhaust. despite what some people say, i still firmly believe that having a loud pipe could be the difference between some fob knowing you're riding next to them or not.

def x2 charlie, i need to get one, im tired of being turned into

[4doorVIP]

overly loud harleys sound like ass

[91civicZC]

Originally Posted by CharlieH

i'll gladly pay $109 every time a cop pulls me over just so i can let the cagers know i'm on the road with my loud ass exhaust. despite what some people say, i still firmly believe that having a loud pipe could be the difference between some fob knowing you're riding next to them or not.

Loud pipes save lives, without a doubt.

On my BMW, I have to dodge morons who just don’t seem to notice me.

Riding one of my fathers Harleys, the instances of people not realizing I’m there seem to go way down.

The Harley is lower than the BMW, its black, where as the BMW is red. Everything about the BMW should make it MORE visible, and I still find it seems to be less visible that the Harley to the general public.

The noise seems to be the only difference.