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Discussion Starter #1
Met a couple of LEO's today. Nice young gentlemen who might have been a little hasty in their decision. Seems that my headlight modulator is illegal in their opinion. Showed them the material pertaining to modulators that was posted on Web Bike World with all the legalese numbers and subsections. No dice. No ticket either but now I have ten days to prove I am legal OR remove the modulator.
As everyone here knows, I am not the smartest computer operator here. So, if a computer savvy member would be so kind as to search out the Canadian laws and regulations concerning headlight modulators and post them I would be more than happy and relieved. If I am running illegally so be it but I will not be impressed with removing the modulators on two bikes. Many thanks in advance.
 

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Ugh, I'm not a lawyer, so don't take this as fact.

But, the Motor Vehicle Act does say the same thing as what's listed over at Web Bike World.

http://www.tc.gc.ca/roadsafety/mvstm_tsd/tsd/1080rev3_e.htm#_Toc S7.9

However they even have a disclaimer at top of the page:

"Disclaimer

The documents in HTML format that are provided on this Web site have been prepared for use as a ready reference and do not have legal force or effect..."

You may have a good case to fight the ticket, but perhaps it may be worth taking out a membership in BCCOM and then asking them for assistance from their legal team. They love a good fight. Too bad some of the things they've fought for are a bit silly(tea cups for helmets)
http://www.bccom-bc.com/

Good luck with this. Keep us informed as to the final results.


Coffee again soon?

RG
 

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Discussion Starter #4
Will be having a little talk with some one in uniform tomorrow. Shoudn't be a problem. The one young fellow kept insisting I was distracting other drivers. Huh ?? Well certainly I was and that is a fact. Distracting other drivers from cell phones coffee, note books and loose pets. If they see me then my theory is they won't hit me. So far so good.
 

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Two items to consider.

WW,

First,

I believe that BC has precedence over Canada, should there be any conflict between Canadian and British Columbian regulations concerning headlight modulators. I base this opinion on recalling that Ontario's Highway Traffic Act governs the operation of Toronto Transit Commission's street cars, and overrules any contradictory regulations in Canada's laws about street railway vehicles.

Section 7.9.4 of the Canadian laws at
http://www.tc.gc.ca/roadsafety/mvstm_tsd/tsd/1080rev3_e.htm#_Figure 32
does give very stringent requirements for headlight modulators. Those are daunting regulations, and you would need tremendous resources and many days of exhaustive testing to show that your modulators (both of them independently tested) meet all the regulations, and even if you could do all these tests, the results would only be opinions.

Second,

If you happened to buy your modulators from these guys:
http://www.treestumpmse.bc.ca/page2.html

Then you can offer those pesky cops a copy of the documentation provided by the merchant, and suggest that the case be closed because there is no evidence that you are outside the law.

If you think the way I do, the image of a uniformed buffoon trying to impale a rolling doughnut will be before your mind's eyes all the while.:mrgreen:

Good luck, and don'tcha leave us hangin'.
Keith
 

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Discussion Starter #7
Man alive this is weird, two threads about the same thing. Don't ask how I did it, I don't know. Okay, won't leave you hangin for long. My idea of talking to some one in uniform this morning didn't pan out. He was wearing jeans and a flannel shirt. A very soft spoken gentleman who took my info and went to check it out. End result is modulators are legal. He said he would take care of the paperwork and I thanked him and left. He also said he would notify the original two constables. This is not a victory as in Me Against Them sort of thing. I won't gloat and say I beat em at their own game, this is not a competition. Would be more than willing to comply with the law if it went the other way. Thanks again for all the help guys, much appreciated.
 

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FORUM GODFATHER.....R.I.P. PAT
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You are part of the education process. Now those fellas won't bother other users of modulators. That's good work.
 

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Now those fellas won't bother other users of modulators.
Sure, but they'll be all bitter and stop people for 3 KPH over! :rolleyes:

And you know that WW's plate number is going to be red-lighted. If he so much as farts wrong they'll be there to catch him!!
 

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FORUM GODFATHER.....R.I.P. PAT
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I'm confident WW farts correctly every time. If he blows his head off, other worries would take precedence anyway.
 

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Congratulations on your victory!

Water Warrior,

Well done!

I rejoice at your triumph, and I believe you should indeed consider this dismissal a success, rather than a non-event.

I recall a few "Not Guilty!" verdicts that I have earned, including one in the court of Toronto's Judge Dneiper (yes D n e i p e r), a severe magistrate indeed, when I was totally and obviously guilty, but one link in the crown's case snapped because it was based on hearsay evidence. It is a real treat to make the walls of Old City Hall reverberate with "I fought the law and ... I WON!" sung loudly and horribly off key!

WHOOP for the Squamish Champion!
Keith
 

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Discussion Starter #13
Thanks to everyone for support and help. I personally feel there is a distinct safety factor for when using a modulator. Of course following some one in heavy traffic with a Mod is a no-no. The funny part is the first young LEO said nothing about the brake light modulator. Maybe that will be the next chapter in the saga. lol.
 

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Water Warrior,

Well done!

I rejoice at your triumph, and I believe you should indeed consider this dismissal a success, rather than a non-event.

I recall a few "Not Guilty!" verdicts that I have earned, including one in the court of Toronto's Judge Dneiper (yes D n e i p e r), a severe magistrate indeed, when I was totally and obviously guilty, but one link in the crown's case snapped because it was based on hearsay evidence. It is a real treat to make the walls of Old City Hall reverberate with "I fought the law and ... I WON!" sung loudly and horribly off key!

WHOOP for the Squamish Champion!
Keith
Again I say. He didn't get a ticket!

What "dismissal" or "Not Guilty" are we talking about here?

WW had the misfortune of running into a couple of snot-nosed rookie Mounties who couldn't see the obvious through their obligatory Oakley sunglasses. They were wrong. Fact is, they probably knew they were wrong but didn't know how to suck it up and back down. This matter NEVER would have resulted in a ticket, and for sure would NOT have ended up in court! WW could have ignored this matter completely and that would have been the last he ever heard of it! These noobs had probably forgotten about it by the time they made it back to Starbucks.
 

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I still consider it WW's victory!

WTY,

I realize, and always understood, that no gavel came down to hammer home a judicial ruling. I understand that WW followed the officers' instruction to report and discuss the matter, and that eventually a ranking official concluded that nothing was out of order and therefore no legal action would occur.

I surmise that when WW departed the crowbar hotel or one of its anterooms, he felt a measure of relief, admixed with some disappointment concerning the waste of his tax dollars and yours.

If you prefer a word other than "dismissal" for that termination, feel free to use it. You may well nominate a word I consider superior to the one I chose.

I still feel foolish that I rode my Wee-Strom past two ferry docks, either of which would have led me to your lovely island, and I spurned them both, mostly through parsimony. Never mind, for I shall see it a third time; my offspring live in lovely British Columbia, so I always have a reason to visit.

So WHOOP again!
Keith
 

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WTY,

If you prefer a word other than "dismissal" for that termination, feel free to use it. You may well nominate a word I consider superior to the one I chose.

Keith
KF, after perusing your eloquent response to my tirade about snot nosed rookie Mounties, I respectfully decline to go head to head with you in a word pecker-pull, as the last thing I am is a particularly gifted wordsmith!

If these noobs didn't have a copy of the BC MV Act in their car or briefcase, perhaps they should have. It just seems to me (old school, perhaps) that you ascertain whether or not the vehicle is in violation, and then order a compliance, rather than send the motorist off to figure it out on his own and report back.

Where in BC are your offspring?
 

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You are half right.

WTY,

I respect your skills at communication. The bombast of MonkeyGrass and Heavy is falling on me like petards loaded with manure, in another thread, but I taunted them and they are doing a fine job of pelting me. Here, you are correcting me, elegantly and politely, too.

You are certainly correct when you say the rookie cops should know the law before they dispense with justice (I adore that phraseology!).

If someone alleged to have commited an offence is given the burden to prove his or her innocence, as apparently WW was, then we are many kilometers away from Canada!

I have a daughter who lives near Commercial Drive in Vancouver, and performs as a DJ and teaches dancing. I spent June 18 2006 with her and some relatives from Ontario, mainly at a street festival, an annual event that you will enjoy if you visit the mainland on June 17 2007 (verify that date before going). The people who live near that street unite to form a very pleasant village on one weekend, and offer lots of amusements and dishes to enjoy. You can ride weird bicycles that look as if Doctor Seuss designed them. You can watch demonstrations of the Lindy Hop, Charleston, and other historic dances. You can see funky exhibits, for example a car park. What is a car park? It's a Pontiac Grand Prix, filled with dirt and planted with all sorts of flowers and sod and bushes. Some people will go a long way to implement a pun. Check it out, and consider attending with your family.

I have a son who got married on June 17 2006. He and his bride live in Richmond. The first purpose of my Wee-Strom was to carry me to their wedding, which it adroitly did. I budgeted 8 days for the voyage, because I suspected that I could ride 400 miles per day, a feat which I accomplished one time, in 1965, but not again until 2006. I averaged over 500 miles per day westbound, and over 600 miles per day eastbound.

My kids, and their mother, who lives in Gibsons BC, all enjoy canoeing and camping and exploring, and they visit the islands of BC a lot. Thanks for your interest.

Keith
 

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...The bombast of MonkeyGrass and Heavy is falling on me like petards loaded with manure, in another thread....
So, you're saying I can call you what I wish as long as I use prose of which you approve??

Like my Father always told me, you can call anyone anything, as long as you touch them on the shoulder and smile when you say it. :rolleyes:
 

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Discussion Starter #19
I was issued the letter of compliance to remove the mod or prove it was legal within 10 days. I think the two young gentlemen were just a little too sure of themselves originally and then realized they had backed themselves into a corner. Can't remember the last time I was stopped by a LEO but can sure remember some of the first times. Anything I got a ticket for I deserved and although I may have been pi$$ed at the time the LEO's still have and always will have my respect for doing a job few people could handle.
For my next adventure I will blah blah blah on an on an on.................
 

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Speak your mind ... if you find it.

Heavy,

You can and will call me what you choose to call me. So long as you approve of your words, they are fine by me.

I look forward to riding with you, but not on April 29, alas. Please enjoy your ride, and take a photo at Windermere. You can pee in Lake Rosseau if you like. I will want it much warmer when I swim in it next month.

Best wishes,
Keith
 
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