Could a recent decision by the Edmonton civic officials mean the city’s motorcyclists can breathe easier?
Last winter, we told you about Stuart Young, a university student who went to court over the ticket he was handed for a supposedly too-noisy Yamaha motorcycle. The traffic commissioner hearing his case agreed with Young that the police used a faulty testing procedure, and dismissed his ticket.
The talk at the time was that the city was planning to lawyer up and fight the decision – motorcyclists won 14 of the 24 noise bylaw cases that went to court, which certainly wasn’t the result that council had in mind when they enacted the law. But CBC now reports they aren’t going to contest the ruling.
Naturally, this catches motorcyclists’ attention. Does this mean the noise bylaw is meaningless, and unenforceable? Young seems to think so – he says any motorcyclist can use his defence (claim that the test was administered improperly) and have their ticket thrown out in court. If you like loud pipes, that sounds good right? Well, don’t get too excited. CBC says city lawyer Scott McAnsh doesn’t think this ruling will affect future decisions. McAnsh acknowledges they’re dropping their appeal because the Young case was thrown out due to improper evidence, but he says next time the Edmonton police take a noise ticket to court, they’ll be prepared.