CASE LAW - R v Tootill
Ian Tootill was convicted on a charge of loud and unnecessary exhaust system noise pursuant to Section 7A.01 of the Motor Vehicle Act Regulations by Judicial Justice Lim in traffic court. He was operating his Harley Davidson motorcycle on Beach Avenue in Vancouver and was stopped by Constable Bercic of the VPD.
The constable observed that the sound from the exhaust system of the motorcycle was “at least twice as loud as a stock exhaust system.” He corroborated this observation with a sound level meter.
Mr. Tootill appealed Judicial Justice Lim's decision to the Supreme Court where the matter was heard by Madam Justice Gropper. She discussed both the subjective opinion of the constable with regard to the noise level and the use of the sound level meter.
The conviction was upheld.