Speak to a large majority of homeowners and they will all tell you the same thing. Speeding and noisy vehicles are an annoyance, especially as the warmer weather arrives. The city has a noise bylaw and there are laws under the Motor Vehicle Act that were written to make life in a community more enjoyable and maintain quality of life. Not much is being done to solve these problems.
Complaints to Police Fall on Deaf Ears
The reason I know this, is because I have made numerous complaints about noisy vehicles with aftermarket and faulty exhaust systems, and each and every one is still driving around annoying and disturbing thousands of residents daily. I get told the same old story about the police not having the proper meter to read sound levels, or I get the story of "we can't do anything unless we catch them on the road".
This is a Quality of Life Issue
I need not leave my home to be affected, disturbed, or annoyed by noisy vehicles. Myself, and thousands of other residents are being constantly disturbed, awaken, or kept awake by noisy vehicles in this city, which directly affects the peace, comfort, and quality of life, which these existing laws were written to protect in the first place.
I have my own personal thoughts on why this noise is being tolerated by law officials, but the reasons and excuses used by these officials have grown really old, and the problem is getting worse.
The Use of Engine Brakes
Jake brakes are not allowed in City limits because of noise bylaw restrictions, and yet Diesel vehicles, aftermarket exhaust systems, and faulty exhaust systems are creating more noisy vehicles which are removing the peace, comfort, and quality of life for thousands of residents, day or night, and not everyone can be fortunate enough to live in areas not prone to these problems.
Is There a Solution for Noisy Vehicles?
Something needs to be done in an attempt to reduce the noise pollution in this City, and I have tried everything to get law and city officials involved. Residents do care about this growing problem, but those who have the power to enforce laws and crackdown are not doing anything about it, so what is the solution to the problem of noisy vehicles?
Speeding and Aggressive Driving
The next, equally disturbing problem is with aggressive drivers and speeding in this City, and the main problem area's being residential side roads which are being used as racetracks. Residential streets are access to our homes, places to walk and for kids to ride their bikes on, and yet thousands of aggressive drivers feel that they can blast down these streets at double the speed limit. As it is, the 50 km/h speed limit in residential should be dropped to 30 km/h for most area's because 50 is really too fast for roadways shared by pedestrians, cyclists, and children playing with whatever.
Traffic Calming Suggestions
A partial solution to speeding in residential, is street calming by use of speed humps, road narrowing barriers, and reduced speed limits.
The problem remains, that the lack of respect for neighbourhood residents is a growing concern, and the root of the problem. Many people have no respect for laws in this City, let alone the common sense needed to show respect to neighbourhood residents.
Current Programs are a Waste of Time
The process of Speed Watch monitoring a problem area to determine if speeding is a concern is a waste of time. The time it takes to complete a study for a Neighbourhood Calming Program is unacceptable, as we are into our second year now and no action has been taken and the problem exists.
Speeding is Epidemic
Speeding is an epidemic on every residential street and roadway in this and other Cities. Everyone seems to be in such a rush that respect for fellow citizens and the law has long been lost. Residential speeding is the main problem, because this is where we live, play, relax and spend our "quality time". It doesn't take many aggressive drivers, in any one day to destroy the peace and comfort we should have in our neighbourhood.
At night time, when we are faced with noise and aggressive drivers ripping through our neighbourhoods, quite possibly after a few drinks, or drug use, it totally removes our safety and quality of life.
Local Government is Not Helping
I know what my solution to this problem would be, but that would be using common sense, which is something that is not being used due to our City council and Mayor.
Traffic law enforcement is in real big demand right now, but is on the bottom of the list as far as priorities.
Bring Back Photo Radar
Photo radar should be brought back to deter speeders on our main roadways, and these offenders, being hit hard in the pocketbook, will maybe think twice about making aggressive driving part of their normal lifestyle. Speed traps and Laser Radar are needed around the clock, which shouldn't be a problem, as the revenue's created from driving infractions will cover the costs of the operations 10 fold, and our City streets will be safer and in control.
Speeding fines should be quadrupled in Residential areas, as well as fines for excessive noise from exhaust systems.
Increase Enforcement
Around the clock patrolling of our City streets is needed to deter crime, graffiti, speeding, drug trafficking, etc.. but is not taking place and thus we have these ongoing problems. If we had Police patrols and continuous routine stops, this would aid in the cleanup of crime and offending drivers.
Many routine stops have already proven that they lead to drug arrests and catching those who are sobriety deprived, but there aren't enough of them.
Our present City council is out of touch with what is taking place in this City, and is definitely not cluing in to what residents really need and want to make their lives more enjoyable. Our Police force and Agenda needs to be amended to concentrate on neighbourhood patrols and not just complaint driven processes, which most don't provide results when it comes to noise or speed complaints.
My Suggestions for a Solution
So what is the real solution to the "Need to Speed Epidemic"?
At night time, we have many loud, aggressive drivers racing down our streets, exactly at the time when we should be relaxing or sleeping, and we are constantly be annoyed by their presence in our neighbourhoods. Many of these drivers, I feel, are either criminals, drug dealers, drunk or drugged up drivers, avoiding main arteries in the City.
The solution, is once again Police patrols and monitoring of our neighbourhoods to end these problems, by deterring or catching these offenders, but this is not happening! Graffiti and Drug Trafficking are other big problem area's, with one suburb being home to the hardest hit areas.
Many of the Drug Dealers and users, drive aggressively, and some drive excessively noisy vehicles, which makes them easy targets, but the lack of a Police presence and law enforcement in those area's allows these problems to plague our neighbourhoods.
What do You Suggest?
The city is a mess right now, with thousands of unhappy residents, due to the rash of problems. City council is real lax about the ongoing problems, so what is the solution to this mess?
This person has highlighted two issues in his essay, noise from vehicles and speeding, and asks what is to be done about them. I agree with him that they are very common issues and, unfortunately, there are no easy solutions to them or they would not be a problem anymore.
The first tool in an officer's arsenal for dealing with noise are on either side of the head and are commonly known as ears. The MVAR deals with exhaust noise in paragraph 27 of the Schedule to Division 7 where it says "The opinion of an inspector as to whether the engine and exhaust noise is greater than that made by other vehicles in good condition of comparable size, horsepower, piston displacement or compression ratio shall determine whether exhaust gases are expelled with excessive noise."
My experience in traffic court is that the justice is reluctant to accept this opinion unless it is backed up by more than just the officer's evidence. I was never able to find an independent witness willing to attend court so I quickly learned that unless I could show that the exhaust system was deficient in having a muffler or something similar, I was wasting my time in trying to obtain a conviction.
Paragraph 27 also sets out a limit on vehicle noise in decibels. It says that these limits are to be applied in an inspection facility, not at the roadside. When tested in a properly equipped facility the vehicle is examined in an area with sound curtains which create a specific environment.
This is not the case at the roadside where other noises present will add to the measurement. Unless there is a bylaw in place that allows the use of a decibel meter and sets standards for that use, it is not as simple as point, measure and convict. Decibel meters were never available to me to use in my patrols.
Perhaps one step you might consider is inquiring if the local traffic unit is interested and then find a way to donate the equipment to them. Let's move on to speed, and I will be the first to admit that we are all part of the problem. From those who make a mistake about their speed to those who feel that there is no problem in traveling at 10 over to those who just don't care, everyone speeds at some time or another. How do we make them choose to conform to the speed limit? I wish I knew the answer.
Over the last 10 years I have been given decidedly conflicting information on speed. "Speed Kills!" was a common traffic safety message. ICBC has introduced a Driver Risk Premium in addition to the penalty point premium to force drivers who take risks to share in a greater part of the cost of collisions. On the other hand, we have the demise of photo radar which was an issue in the last election campaign. "Vote for us and we will kill photo radar!"
Radar detectors are legal to possess and use in a vehicle driven in BC. Even upper management told me that speed was not the problem, it was aggressive driving, seat belts and alcohol. I agree that seat belts and alcohol are very important, but I cannot convince myself that speed is not the common driver in all or almost all aggressive driving. Me first!
Why are the majority of police vehicles involved in traffic enforcement fully marked vehicles? Even if they aren't, it's not difficult to pick out the big Crown Victoria with plain black steel wheels and antennas all over it. Traffic enforcement should take place in unique unmarked vehicles so that habitual violators have to worry about any vehicle around them being operated by an officer. No more driving a billboard that tells them to behave for the next couple of kilometers until the officer becomes busy with someone else.
The minimum contribution that you can make to the speeding problem is to resolve to follow the limit to the letter yourself. If you want to do more, join Speed Watch, form a political action group, raise awareness, but don't just sit there and complain. Being part of the effort requires just that, some effort by you, no matter how small.
Only a few percent of the driving complaints that I investigated were backed up by a complainant that said they wanted to do something and yes, they would be willing to attend court. The vast majority were called in by a member of the Anonymous family or some who would identify themselves but refused to take part in the process any further than providing the details of their complaint.
It is the full time job of traffic enforcement personnel to work on the problem, but citizens do have a place in law enforcement and it does ask more than just being barely more than an observer.
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I still am waiting to hear the proper procedure for residents and Police officers to use to rid vehicles of noisy mufflers. What is the proper, legally binding procedure for residents to follow, and what is the procedure that the Police use to execute a vehicle inspection and have the offending vehicles muffler removed and replaced with a stock type of muffler.
These noisy vehicles are breaking our Municipal Noise Bylaw 6647, by creating noise which removes the peace, quiet, and quality of our life. Kelowna Bylaw officers also state that they are not responsible for enforcing vehicle noise laws.
As it stands, we have 2 forms of law enforcement groups not dealing with the noisy exhaust system problem.
Anyone have a solution?
Or does Canada clearly not have any laws that protect us from this noise?
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There is no legally binding procedure for residents to follow. You make the complaints to bylaw enforcement and the police, their job is to follow up on them. If you are not happy with the response, then you complain to the City Council and the upper management for the police in the province.
If you intend to complain about noisy vehicles, here is advice on how to make an effective complaint to the police.
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