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RCMP in leduc - Click HERE for Original Thread

crazy240sx
Well i've got to say, i always hated getting pulled over by police just cause you know that you're going to get somethin put on you. But i've got to say, I was pulled over tonight in leduc for: speeding, wreckless driving, tinted windows, white turn signals <--thought it was legal, and failure to produce insurance card <--forgot it in other pair of pants...

The officer who pulled me over was very courteous and just generally kind, which kind of worked to my advantage, he told me that i was doing 135 in a 70, i don't know if he clocked me or "guesstimated" but nonetheless i was speeding. After i talked with him for a couple minutes about my car *thank god nitrous isn't on* he went to his car and only wrote me up for failure to produce insurance. ..

So to summarize, I just want to say thanks to the officer that pulled me over, saved me a lot of grief. As i sat in my car gettin ready to "eat shite" with tickets and ended up with one, and for just being professional about your job. Appreciate it..

Gotta just take it that you did something wrong, don't accept guilt but don't be an ass to the officer and i think they treat you A LOT better, i was ready to get raped but still treated him like he should be treated.

Steve

shawley
I was pulled over there a year and a half ago in my old truck, my tail lights didn't work, because some plug had burnt on my new exhaust(jsut from where it was) so all i had was singal and brake lights, i was speeding, i had 4 people in the truck that was now a 3 seater, i was the only one with a seatbelt.

and the officer was very nice just wanted to let me know my stuff wasn't working, and for me to have good night and make sure before i head back to the city that i only have a max of 3 people in my truck, and to put my 4ways on when i'm driving because my tail lights wern't on so technicly no one would of been able to see me,

seems like the RCMP there are realy nice

crazy240sx
all i can see is i'm happy it wasn't in the city, he just told me roll my windows up a bit and said i should probably remove the tint and watch my speed, and don't pass so cars so irradically, lol

Godzilla
As long as your nice to the cops theyll be nice to you. In my 4 years of driving ive been let off with 1 speeding ticket, 3 tickets for illegal lighting, and 3 for out of date pink slips, my record is still perfactly cleen.

Korry
man i dont know what planet those cops are from!!!
I live in leduc and get pulled over for bs shit all the time..
I got pulled over one night and the cop said i had tinted front windows which i dont, and wanted me to roll up my window so he could see the tint. when i rolled them up he's like well there is another focus in town just like yours with tinted windows.. Now if any one has seen my car they know there is no chance in hell there is a car identical to mine ANYWHERE. Check my link.. needless to say my dad is a city cop and i'd much rather deal with real cops than micky mounties anyday

charlieboi
was the cop that ulled u for tint an older guy with white hair?
he pulled me over twice in 2 days.

Korry
yup he had a young female with him this was on fri, real ass, what ever you do if you get pulled over by MCissac keep your cool cause he is a real cunt

Honda_Civic_25
I live in Leduc also and honestly I dont mind out cops there really nice actully, just not the by-law officers :asshole: But luckly we only ahve one by-law officer now and the dick moved away. But yea our cops out here are really nice if your polite. I was pulled over at 11:12pm one night just after work and he pulled me over casue of my white turn signals. And when he told me this I politely told him that I thought amber and white were aloud and he said thats correct but they looked alittle blue to me and and I explained that they were LED and it was probally the fact that there LEDs and in a clear housing, he also said my exhaust was illegal but I told him it was jsut a tip which is still illegal and he jsut told me to be careful cause other cops might pull me over for these 2 things, i got no tickets, nothing. He is the cop who drives the marron undercover car. he a is very nice cop. I know the cop who drives the grey undercover cop is a total dink so stay away from him. Both of the undercover cars are on traffic patrol in Leduc so if you come through here, watch out for them, the other RCMP officers wont bug you unless your ripping like 150 through our town lol.

SilverNeonRacer
quote:
Originally posted by Honda_Civic_25
I live in Leduc also and honestly I dont mind out cops there really nice actully, just not the by-law officers :asshole: But luckly we only ahve one by-law officer now and the dick moved away. But yea our cops out here are really nice if your polite. I was pulled over at 11:12pm one night just after work and he pulled me over casue of my white turn signals. And when he told me this I politely told him that I thought amber and white were aloud and he said thats correct but they looked alittle blue to me and and I explained that they were LED and it was probally the fact that there LEDs and in a clear housing, he also said my exhaust was illegal but I told him it was jsut a tip which is still illegal and he jsut told me to be careful cause other cops might pull me over for these 2 things, i got no tickets, nothing. He is the cop who drives the marron undercover car. he a is very nice cop. I know the cop who drives the grey undercover cop is a total dink so stay away from him. Both of the undercover cars are on traffic patrol in Leduc so if you come through here, watch out for them, the other RCMP officers wont bug you unless your ripping like 150 through our town lol.


FYI white signals are indeed illegal... well Alberta regs say legal, federal regs say illegal. I've gone to court over this, I got a ticket for blue signals, and I had white LEDS. I got to court and he threatened to withdraw the ticket under provincial regs and ticket under federal regs, I prolly still coulda fought it, but thw crown offered a $25 fine, and I got to get my lights back(they took them, and the bastard didn't even bring them to court with him).

92_WhItE_H23
mickey mounties??? lol too bad they have more authority then city cops ha

Korry
um no not really all police officers are empowerd the same were not like the backwards U.S with jurisdictions

92_WhItE_H23
quote:
Originally posted by Korry
um no not really all police officers are empowerd the same were not like the backwards U.S with jurisdictions

92_WhItE_H23
quote:
Originally posted by Korry
um no not really all police officers are empowerd the same were not like the backwards U.S with jurisdictions


lol you sure man? maybe you should read a text book or something. The RCMP is canadas FEDERAL police agency they have jurisdiction in all of canada.

SilverNeonRacer
quote:
Originally posted by 92_WhItE_H23
lol you sure man? maybe you should read a text book or something. The RCMP is canadas FEDERAL police agency they have jurisdiction in all of canada.


Noo I think he means like the eps won't stop cause you hit the highway, and the RCMp will keep after you Like say you leave St Albert with an RC on your tail, once you leave his home area, he ain't gonna back down.

And I know the MP's and the Near by RC's have no prob calling the EPS if they need backup in a hurry.

95EagleAWD
EPS will chase you on the highway if you go. They will call up Mounties in upcoming towns, but they do have the right to chase you if the chase originated in their jurisdiction.

Another example is Campus Security. They can chase you off Campus and still arrest/ticket you. And they will call EPS as well, who will be less than happy that you wasted their time.

Korry
um no i know what i'm talking about my dad just retired from the eps 32yrs of service i know my shit

95EagleAWD
quote:
Originally posted by Korry
um no i know what i'm talking about my dad just retired from the eps 32yrs of service i know my shit


Except a grade two level of spelling and grammar.

Mounties don't have a jurisdiction, period. They can go anywhere they want.

Korry
quote:
Originally posted by 95EagleAWD
Except a grade two level of spelling and grammar.

Mounties don't have a jurisdiction, period. They can go anywhere they want.



As can eps dumb ass. you know why they dont leave the city unless its a big deal, cause they get paperwork up the fucking ass dont come to a battle of wits unarmed

95EagleAWD
quote:
Originally posted by Korry
As can eps dumb ass. you know why they dont leave the city unless its a big deal, cause they get paperwork up the fucking ass dont come to a battle of wits unarmed


Battle of wits?

WTF are you talking about?

Cops have paperwork up the ass, period. It's rediculous.

Korry
did you even read my post what i said about jusidiction i was talking about the U.S

95EagleAWD
PM replied. :thumbup:

92_WhItE_H23
hate to burst your bubble man but this is taken right off the official GOVT website

"The Royal Canadian Mounted Police is the Canadian national police service and an agency of the Ministry of Public Safety and Emergency Preparedness Canada.

The RCMP is unique in the world since it is a national, federal, provincial and municipal policing body. We provide a total federal policing service to all Canadians and policing services under contract to the three territories, eight provinces (except Ontario and Quebec), more than 200 municipalities, 165 Aboriginal communities, three international airports and numerous smaller airports."


and i cant find any info on EPS jurisdiction but i do know, they can do fuck all to you if you are outside the edmonton district. Im unsure if that includes the counties connected to edmonton like buemont leduc etc.

stybscelica
quote:
Originally posted by 92_WhItE_H23
hate to burst your bubble man but this is taken right off the official GOVT website

"The Royal Canadian Mounted Police is the Canadian national police service and an agency of the Ministry of Public Safety and Emergency Preparedness Canada.

The RCMP is unique in the world since it is a national, federal, provincial and municipal policing body. We provide a total federal policing service to all Canadians and policing services under contract to the three territories, eight provinces (except Ontario and Quebec), more than 200 municipalities, 165 Aboriginal communities, three international airports and numerous smaller airports."


and i cant find any info on EPS jurisdiction but i do know, they can do fuck all to you if you are outside the edmonton district. Im unsure if that includes the counties connected to edmonton like buemont leduc etc.



You are so full of:bs: your ears are brown. I was personnally assisting with manpower allocations In Camrose Alberta for Big Valley Jamboree and the Former Stage 13 Rock Festival. in 2004 we had 63 EPS for Stage 13 and 46 for BVJ. In 2005 56 for Stage 13 and 43 for BVJ. Camrose paid the bill. So if EPS has no jurisdiction outside edmonton how did they work in Camrose:thefinger

Not to even Mention G8 where every Police Service in Western Canada contributed officers to Calgary and K country to police the closed and secure zones.

I won't even go into Meyerthorpe where Edmonton Auto theft were 1st on scene. (GRTS for they are true warriors).

If you reply to this your a dumb ass.

Cheers:bowdown: :bowdown: :bowdown: :bowdown: :bowdown:

92_WhItE_H23
quote:
Originally posted by stybscelica
You are so full of:bs: your ears are brown. I was personnally assisting with manpower allocations In Camrose Alberta for Big Valley Jamboree and the Former Stage 13 Rock Festival. in 2004 we had 63 EPS for Stage 13 and 46 for BVJ. In 2005 56 for Stage 13 and 43 for BVJ. Camrose paid the bill. So if EPS has no jurisdiction outside edmonton how did they work in Camrose:thefinger

Not to even Mention G8 where every Police Service in Western Canada contributed officers to Calgary and K country to police the closed and secure zones.

I won't even go into Meyerthorpe where Edmonton Auto theft were 1st on scene. (GRTS for they are true warriors).

If you reply to this your a dumb ass.

Cheers:bowdown: :bowdown: :bowdown: :bowdown: :bowdown:




lol show me documented proof before you say anything AT ALL... im not sure HOW the system works but im sure they required authorization, or had to sign paperwork to be there.. im telling you right now, a police officer cant take his cruiser to calgary and arrest someone..if you think he can then YOU are the fuckin dumbass.

92_WhItE_H23
and just to end the idiocy ill post the reply i get from the EPS when i recieve it.

Korry
quote:
Originally posted by 92_WhItE_H23
lol show me documented proof before you say anything AT ALL... im not sure HOW the system works but im sure they required authorization, or had to sign paperwork to be there.. im telling you right now, a police officer cant take his cruiser to calgary and arrest someone..if you think he can then YOU are the fuckin dumbass.

fuck whos the dumb one get yer shit straight b4 you beak off

92_WhItE_H23
quote:
Originally posted by stybscelica
You are so full of:bs: your ears are brown. I was personnally assisting with manpower allocations In Camrose Alberta for Big Valley Jamboree and the Former Stage 13 Rock Festival. in 2004 we had 63 EPS for Stage 13 and 46 for BVJ. In 2005 56 for Stage 13 and 43 for BVJ. Camrose paid the bill. So if EPS has no jurisdiction outside edmonton how did they work in Camrose:thefinger

Not to even Mention G8 where every Police Service in Western Canada contributed officers to Calgary and K country to police the closed and secure zones.

I won't even go into Meyerthorpe where Edmonton Auto theft were 1st on scene. (GRTS for they are true warriors).

If you reply to this your a dumb ass.

Cheers:bowdown: :bowdown: :bowdown: :bowdown: :bowdown:




BTW crimes that are commited in edmonton, are in thier jurisdiction. =D if they go to mayorthorpe with a stolen edmonton car, edmonton investigators are allowed to participate in the investigations along with the RCMP.

92_WhItE_H23
quote:
Originally posted by Korry
fuck whos the dumb one get yer shit straight b4 you beak off


read my posts you idiot i just proved your dumbass WRONG.. with PROOF..not just saying oh my dads a cop i know everything... if he is then he better give you some better intel man..

Korry
you wonder why all you dumbfucks are sniviling and whining when you drive like fucking retards and get stopped halfof you dont know what legalities even apply in the given situation

Vive le Quebec
EPS has powers right up to the borders of Alberta.

RCMP has jurisdication right across the nation (obviously).

Vive le Quebec
Just to add to my above post...St. Albert RCMP recently assisted EPS with an arrest they did IN ST. ALBERT only because EPS lost contact with their telecoms and couldn't call other EPS members for backup...so much for their limited use of power up to their borders...

There's proof right there that their policing powers extend beyond the borders of Edmonton.

92_WhItE_H23
quote:
Originally posted by Vive le Quebec
Just to add to my above post...St. Albert RCMP recently assisted EPS with an arrest they did IN ST. ALBERT only because EPS lost contact with their telecoms and couldn't call other EPS members for backup...so much for their limited use of power up to their borders...

There's proof right there that their policing powers extend beyond the borders of Edmonton.



as i said im unsure if thier powers extend to connecting towns.


the EPS were on CONTRACT to work at the BVJ. Without permission and paperwork, they have no jurisdiction in camrose. maybe we are getting our signals crossed. What im saying doesnt mean they CANT ever work outside of edmonton, but they cant do so freely without permission or invitation. theres a reason the city of edmonton funds the EPS and not the province, because they are not a provincial police agency.

92_WhItE_H23
Just got off the phone with an officer at the southeast division. the edmonton police jurisdiction extends to highway 14 meridian st. as far north as edmonton CFB but it zigzags throughout that area. down to 9th Ave southeast and as far as 41 Ave southwest.

An EPS officer holds LIMITED jurisdiction within alberta, in that say an officer were on vacation in Banff and witnesses a crime, he has the right to detain suspect until local authorities arrive, which pretty much all citizens have in thier right to citizens arrest. On any given day an officer is not allowed to travel outside thier jurisdiction unless an investigation warrants it, in which case they will contact the local authorities and collaborate as such. so i guess in a way we were both right.. except for your opinion on the RCMP in which you were 100% wrong.

Korry
here is the low down seeing as no one else has posted a link yet

http://www.csc-scc.gc.ca/text/plcy/...003-cde_e.shtml

albertarc
If anyone is interested ... please refer to Section 1(1)(ff) of the Traffic Safety Act which gives the definition of a peace officer in & for the province of Alberta. This doesn't matter if the peace officer is in Lethbridge, Assumption, Edmonton, or Fort McMurray. One exception is on a First Nations reserve land (federal land) - some provincial laws apply & some do not. Here's the link to Section 2 of the Criminal Code of Canada which defines a peace officer within Canadian boundaries. And last but not least the link to Section 102(39) of the Edmonton bylaws which tells who a peace officer is as far as having powers under Edmonton laws.

Most provincial laws grant all RCMP & city police officers peace officer status. Some federal laws grant the same; however, most municipal bylaws do not - it's best to check first. Most laws in Alberta list the RCMP as having peace officer status but oddly enough there are a few that don't - can't think of any right now though.

Here's something interesting ... RCMP members in Ottawa had to be appointed special constables under Ontario law to allow them to write provincial tickets off of the parliament grounds (remember - OPP is the provincial police there).

Clear as mud ..................

Jimbo:confused:

SilverNeonRacer
Whats the deal with the sherrif's? I just saw a Sherrif Cruiser the other day(Sat I think) in Edmonton.

95EagleAWD
quote:
Originally posted by SilverNeonRacer
Whats the deal with the sherrif's? I just saw a Sherrif Cruiser the other day(Sat I think) in Edmonton.


Sheriff's are Provincial Protection Officers.

They will be challenging the RCMP for the Policing contract for the province next time it's up.

There will probably be an Alberta Provincial Police quite soon.

SilverNeonRacer
quote:
Originally posted by 95EagleAWD
Sheriff's are Provincial Protection Officers.

They will be challenging the RCMP for the Policing contract for the province next time it's up.

There will probably be an Alberta Provincial Police quite soon.




Aww but they just built a fancy RCMP station here, and the big fancy K divison building out by Kingsway mall... Wonder if they'll be new cops or if the current RC's will transfer over... heh if they're new guys they won't know the roads out here as good.... hmmmm sorry we have a road you could out run a cruiser doing the speed limit on :P

stybscelica
quote:
Originally posted by 92_WhItE_H23
lol show me documented proof before you say anything AT ALL... im not sure HOW the system works but im sure they required authorization, or had to sign paperwork to be there.. im telling you right now, a police officer cant take his cruiser to calgary and arrest someone..if you think he can then YOU are the fuckin dumbass.


Talk to any EPS that has actually worked BVJ or Stage 13 they might actually know what they are talking about.

Ok here's a question for this brilliant mind what do you know about Spin operations and JFO's including Iroc and Operation Pipeline that are conducted every day. This will test your knowledge.

And by the way you didn't acknowledge my G8 information. I know EPS is on pay duties when they are contracted to Camrose however when they appear in Camrose court on tickets they have written in Camrose, they testify as EPS members. all police officers have peace officer status and can conduct them selves as police officers anywhere in the province. By the way Ex partners of mine worked White during hte cup. and there from Camrose.

Here is the definition of Peace officer in the Criminal Code:
“peace officer” includes

( a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

( b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

( c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

( d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

( d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

( e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

( f) the pilot in command of an aircraft

(i) registered in Canada under regulations made under the Aeronautics Act, or

(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

while the aircraft is in flight, and

( g) officers and non-commissioned members of the Canadian Forces who are

(i) appointed for the purposes of section 156 of the National Defence Act, or

(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;


Every police officer is appointed a peace officer and his/ her authority extends througout canada. Now when your talking about Provincial Offence the Provincial Offences Proceedures Act Applies.:

And POPA states:

Definition of a Peace Officer:
“peace officer” means

(i) a member of the Royal Canadian Mounted Police, while the member is in the exercise or discharge of the member’s powers or duties,

(ii) a member of a municipal police service, while the member is in the exercise or discharge of the member’s powers or duties,

(iii) a special constable appointed under the Police Act, while the special constable is in the exercise or discharge of the special constable’s powers or duties,

(iv) a person who is employed or retained by the Government, a municipality or a Metis settlement and whose duties include written authorization to issue violation tickets under Parts 2 and 3, while the person is in the exercise or discharge of that duty and while the person is serving a summons, offence notice or subpoena,

(v) a park warden appointed under the Parks Canada Agency Act (Canada) and a park officer designated under the National Parks Act (Canada), while they are in the exercise or discharge of their powers or duties in a national park established under the National Parks Act (Canada),

(vi) a person appointed under the National Defence Act (Canada) regulations for the purposes of section 156 of the National Defence Act (Canada), while the person is in the exercise or discharge of the person’s powers or duties in a defence establishment as defined in that Act, and

(vii) any other person employed by a municipality, a Metis settlement, the Government of Alberta or the Government of Canada for the preservation and maintenance of the public peace, while the person is in the exercise or discharge of the person’s powers and duties;


This act dictates how Provincial offences are handled, Each specific Piece of Legislation i.e Traffic Safety Act specifies jurisdiction. I guarantee every piece of Legislation empowers police throughout the provice. If i attached each it would take you all night to read through.

Hey but don't forget the police act which states:

Authority, duties and jurisdiction of police officers

38(1) Every police officer is a peace officer and has the authority, responsibility and duty
(a) to perform all duties that are necessary

(i) to carry out the police officer’s functions as a peace officer,

(ii) to encourage and assist the community in preventing crime,

(iii) to encourage and foster a co‑operative relationship between the police service and the members of the community, and

(iv) to apprehend persons who may lawfully be taken into custody,

and

(b) to execute all warrants and perform all related duties and services.

(2) A police officer has jurisdiction throughout Alberta.

Here is the limitation
(3) Notwithstanding subsection (2), where a commission is established in respect of a police service, the commission may restrict the territorial jurisdiction of any police officer of that police service.

here is a qualification of the limitation
(4) Where the territorial jurisdiction of a police officer is restricted under subsection (3), that police officer may, notwithstanding that restriction, carry out the police officer’s functions and exercise the police officer’s powers beyond that jurisdiction if the police officer is in immediate pursuit of a person who the police officer has reasonable and probable grounds to believe has committed an offence against any law that the police officer is empowered to enforce.


If you really need to argue this more you will not get an answer from me because you don't know what your talking about.

cheers
:cool: :rolleyes:

92_WhItE_H23
quote:
Originally posted by stybscelica
Talk to any EPS that has actually worked BVJ or Stage 13 they might actually know what they are talking about.

Ok here's a question for this brilliant mind what do you know about Spin operations and JFO's including Iroc and Operation Pipeline that are conducted every day. This will test your knowledge.

And by the way you didn't acknowledge my G8 information. I know EPS is on pay duties when they are contracted to Camrose however when they appear in Camrose court on tickets they have written in Camrose, they testify as EPS members. all police officers have peace officer status and can conduct them selves as police officers anywhere in the province. By the way Ex partners of mine worked White during hte cup. and there from Camrose.

Here is the definition of Peace officer in the Criminal Code:
“peace officer” includes

( a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

( b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

( c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

( d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

( d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

( e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

( f) the pilot in command of an aircraft

(i) registered in Canada under regulations made under the Aeronautics Act, or

(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

while the aircraft is in flight, and

( g) officers and non-commissioned members of the Canadian Forces who are

(i) appointed for the purposes of section 156 of the National Defence Act, or

(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;


Every police officer is appointed a peace officer and his/ her authority extends througout canada. Now when your talking about Provincial Offence the Provincial Offences Proceedures Act Applies.:

And POPA states:

Definition of a Peace Officer:
“peace officer” means

(i) a member of the Royal Canadian Mounted Police, while the member is in the exercise or discharge of the member’s powers or duties,

(ii) a member of a municipal police service, while the member is in the exercise or discharge of the member’s powers or duties,

(iii) a special constable appointed under the Police Act, while the special constable is in the exercise or discharge of the special constable’s powers or duties,

(iv) a person who is employed or retained by the Government, a municipality or a Metis settlement and whose duties include written authorization to issue violation tickets under Parts 2 and 3, while the person is in the exercise or discharge of that duty and while the person is serving a summons, offence notice or subpoena,

(v) a park warden appointed under the Parks Canada Agency Act (Canada) and a park officer designated under the National Parks Act (Canada), while they are in the exercise or discharge of their powers or duties in a national park established under the National Parks Act (Canada),

(vi) a person appointed under the National Defence Act (Canada) regulations for the purposes of section 156 of the National Defence Act (Canada), while the person is in the exercise or discharge of the person’s powers or duties in a defence establishment as defined in that Act, and

(vii) any other person employed by a municipality, a Metis settlement, the Government of Alberta or the Government of Canada for the preservation and maintenance of the public peace, while the person is in the exercise or discharge of the person’s powers and duties;


This act dictates how Provincial offences are handled, Each specific Piece of Legislation i.e Traffic Safety Act specifies jurisdiction. I guarantee every piece of Legislation empowers police throughout the provice. If i attached each it would take you all night to read through.

Hey but don't forget the police act which states:

Authority, duties and jurisdiction of police officers

38(1) Every police officer is a peace officer and has the authority, responsibility and duty
(a) to perform all duties that are necessary

(i) to carry out the police officer’s functions as a peace officer,

(ii) to encourage and assist the community in preventing crime,

(iii) to encourage and foster a co‑operative relationship between the police service and the members of the community, and

(iv) to apprehend persons who may lawfully be taken into custody,

and

(b) to execute all warrants and perform all related duties and services.

(2) A police officer has jurisdiction throughout Alberta.

Here is the limitation
(3) Notwithstanding subsection (2), where a commission is established in respect of a police service, the commission may restrict the territorial jurisdiction of any police officer of that police service.

here is a qualification of the limitation
(4) Where the territorial jurisdiction of a police officer is restricted under subsection (3), that police officer may, notwithstanding that restriction, carry out the police officer’s functions and exercise the police officer’s powers beyond that jurisdiction if the police officer is in immediate pursuit of a person who the police officer has reasonable and probable grounds to believe has committed an offence against any law that the police officer is empowered to enforce.


If you really need to argue this more you will not get an answer from me because you don't know what your talking about.

cheers
:cool: :rolleyes:



you mean except for the fact that what you just posted was the very long version of what i just posted...not to mention what jimbo just posted who is an RCMP officer and is the official RCMP correspondant of this site lol. i admitted i was wrong in that they swore an oath to the province and not to the city, but they are still contained within jurisdictions and they can not act outside those jurisdictions unless as you stated

"Where the territorial jurisdiction of a police officer is restricted under subsection (3), that police officer may, notwithstanding that restriction, carry out the police officer’s functions and exercise the police officer’s powers beyond that jurisdiction if the police officer is in immediate pursuit of a person who the police officer has reasonable and probable grounds to believe has committed an offence against any law that the police officer is empowered to enforce.
"

but police officers dont roam outside thier jurisdictions so really the only time something like this would happen is as i said if they were on vacation, OR if they have been invited (as they were in BVJ) and authorized to do so. Any person has the right to detain someone if they have reasonable grounds to do so. you dont have to be a sworn member of the EPS to do that anywhere.





also to jimbo- yea i forgot about the indian reservations.. i also heard something about 3 international airports? and how the rcmp is under contract to secure 3 international airports in canada. im wondering are international airports in canada deemed canadian federal property or do they carry the same status as say a foriegn embassy would.

95EagleAWD
There is an RCMP station at Edmonton International Airport.

They do traffic on the airport and provide armed security if need be.

92_WhItE_H23
quote:
Originally posted by SilverNeonRacer
Aww but they just built a fancy RCMP station here, and the big fancy K divison building out by Kingsway mall... Wonder if they'll be new cops or if the current RC's will transfer over... heh if they're new guys they won't know the roads out here as good.... hmmmm sorry we have a road you could out run a cruiser doing the speed limit on :P


lol that reminds me of super troopers...hey farva!

silvia s13
quote:
Originally posted by 95EagleAWD
Sheriff's are Provincial Protection Officers.

They will be challenging the RCMP for the Policing contract for the province next time it's up.

There will probably be an Alberta Provincial Police quite soon.



:thumbup: :thumbup:

SilverNeonRacer
I'm APP ya you know me!

I here the OPP are the biggest buncha power tripping cops there is, thats all we need here.. more of those...


Hmmthe RCMP are about to build a bg training center in Alberta too.. Athabasca didn't make the cut for a location....

dtjohnst
I always found the OPP to be the most professional police force I ever worked with. And to tidy up the RCMP website's information, there are places the RCMP cannot enforce within Canada. Namely, military bases. Unless specifically stated otherwise in an agreement between NDHQ and the RCMP, only MP's are allowed to police military bases.

To 92_White_H23, you asked for documented proof than criticised the proof that was given? Don't ask if you don't want.

Also, there's a difference between arrest without warrant by any person (section 494 of Part XVI of the Criminal Code) and arrest without warrant by Peace Officer (section 495 of the same part). They aren't the same, at all. There's a big difference. Namely, whether on duty or not, a Peace Officer has the same powers of arrest without warrant. The only change whether the officer is on vacation or gainfully acting as a Peace Officer within his territorial jurisdiction is arrest without warrant in the case where he suspects there may be a warrant. It'd be dangerous to assume what you can and can't do, and if you think you're on par with a person trained in the law, the enforcement of said law as well as use of force regulations, you might find yourself on the wrong end of a forcible confinement charge and lawsuit should you try it. You stated, "Any person has the right to detain someone if they have reasonable grounds to do so. you dont have to be a sworn member of the EPS to do that anywhere." That's wholly false. You can't do it on "reasonable grounds." Nowhere is that phrase used in the Criminal Code related to arrest by non-Peace Officer. That's dangerous ground to tread on.

As far as federal law is concerned, anyone who is sworn in under any municipal, provincial or federal statue as a Peace Officer meets the criteria and has jurisdiction across Canada. The key is AS A PEACE OFFICER. Bylaw enforcement officers, to my knowledge, aren't sworn in as peace officers. They're just given powers to write tickets, not arrest. It's sort of like the clause in the highway traffic act which recognizes persons lawfully authorized to direct or regulate traffic or enforce the act itself.

The few realms where jurisdiction had caused problems in the past has been resolved by case law. For example, any police officer actively persuing a suspect can pretty much follow them anywhere in Canada now. Race from city to provincial highways to military bases as needed, as everyone has agreed on.

As far as unlimited jurisdiction goes, officially all peace officers in Canada have it insofar as the criminal code is concerned, but the criminal code constantly provides provisos to territorial jurisdiction. The fact is, why does EPS say they have a limit? Because that's the area they're paid to police. If the decided to police all the way to Calgary, I'm sure the Edmontonian tax payers would be a little ticked. It's not a restriction on their powers insofar as the letter of the law is concerned. Further to that, they are only familiar with Federal, Alberta, and Edmonton law. Things are different in Calgary, and in SK, and therefore, they are territorially restricted to the areas that they are familiar with, namely the City of Edmonton. But that does not mean their powers end, they are still peace officers.

As an MP, we theoretically could leave the base and police the city, the provincial areas, wherever. But we weren't paid to do that. And our budget was reduced, so before we could leave the base to do anything without pissing off the accountants at HQ, we'd require either a Request for Aid to the Civil Power or an Order in Privy Council. In both cases, there's a body that will pay our cheques since those cases are outside our budgeted purvey. The flood in MB and the ice storms in QC were perfect examples of that.

Much like when EPS works elsewhere, it's not so much a legal issue as to whether or not they can work there, but a question of who will foot the bill for their services. Thanks to this system we don't have the jurisdictional problems in Canada that many other places have.

In any case, in response to the OP, I've also found Leduc RCMP to be very professional and curteous whenever I've spoken to them. Though I haven't had the pleasure of being pulled over by them.

For the record, white turn signals are NOT illegal under federal law. Part 2.31(7)(c) of the Alberta Highway Traffic Act, the legal requirement is that the turn signals on the front must be either white or amber and on the rear they must be red or amber.

So...put on white front turn signals all you want. 100% legal.

The 3 international airports are probably outside cities, such as YEG. In those cases, they've been specifically tasked to secure them by the governing body of the area. Heck, if Edmonton City wanted, they could theoretically contract security of City Center to the RCMP. Has nothing to do with federal land or embassies (whole other ball of wax) but with who has been assigned the task.

Vive le Quebec
great post dtjohnst...

very informative.

thanks for sharing.

stybscelica
Finally some one else who knows what they are talking about, Props on the info dtjohnst.

Cheers

SilverNeonRacer
quote:

For the record, white turn signals are NOT illegal under federal law. Part III of the Highway Traffic Act (minimum lighting required) states in part 35(1)(c) that turn signal lights at the rear shall be red or amber and turn signal lights on the front shall be white or amber. In part 2.31(7)(c) of the Alberta Highway Traffic Act, the legal requirement again is that the turn signals on the front must be either white or amber and on the rear they must be red or amber.




I have been tickets for this under Provincial law, I went to fight it, the day in court the RCMP Officierdecided to withdraw the provincial charges and file federal. I have seen in the federal regs where it limits front signals to Amber bulbs.

BTW... we don't have a "Highway traffic act" We have a Traffic Safety Act and a Vehicle Equipment Regulations.

Yes the Alberta Eqiupment regs say white front signals are good...

But the feds do say no...
http://www.tc.gc.ca/roadsafety/mvst...htm#_Toc%20S5.1
Scroll down quite a bit to TABLE I: REQUIRED MOTOR VEHICLE LIGHTING EQUIPMENT OTHER THAN HEADLAMPS
quote:

Side marker lamps 2 red; 2 amber 2 red; 2 amber J592e, July 1972.
.Turn signal lamps 2 red or amber; 2 amber 2 red or amber SAE J1395, April 1985.


And Table 2:
quote:

Turn signal lamps
At or near the front - 1 amber on each side of the vertical centerline, at the same height, and as far apart as practicable.

On the rear - 1 red or amber on each side of the vertical centerline, at the same height, and as far apart as practicable.
On the rear - 1 red or amber on each side of the vertical centerline, at the same height, and as far apart as practicable.
Not less than 380 mm (15 inches), nor more than 2 110 mm (83 inches



Hmm I found this on Alberta Infrastrycture and Transportation:
quote:
Section 4 – Vehicle lights must meet the manufacturer’s original equipment specifications or the industry standards of the Society of Automotive Engineers (SAE). Custom or after-market coloured lights are not allowed. This includes lights on equipment such as windshield wipers, vehicle hood, licence plate, under the vehicle, etc. Before buying after-market lights, look on the package to ensure they meet SAE standards.

dtjohnst
quote:
Originally posted by SilverNeonRacer
I have been tickets for this under Provincial law, I went to fight it, the day in court the RCMP Officierdecided to withdraw the provincial charges and file federal. I have seen in the federal regs where it limits front signals to Amber bulbs.

BTW... we don't have a "Highway traffic act" We have a Traffic Safety Act and a Vehicle Equipment Regulations.



Alberta Highway Traffic Act and Alberta Traffic Safety Act are 2 separate documents. There is an Alberta Highway Traffic Act. Visit http://www.canlii.org/ab/laws/index.html for all your Alberta Provincial Statutes and Regulations. There you can find both the HTA and the TSA from AB, and if you go to the root page, you can find regulations from federal and other provincial authorities.

quote:
Yes the Alberta Eqiupment regs say white front signals are good...

But the feds do say no...
http://www.tc.gc.ca/roadsafety/mvst...htm#_Toc%20S5.1
Scroll down quite a bit to TABLE I: REQUIRED MOTOR VEHICLE LIGHTING EQUIPMENT OTHER THAN HEADLAMPS

And Table 2:

Hmm I found this on Alberta Infrastrycture and Transportation: [/B]


True, the Technical Standards Document you quoted does list Amber only. But you aren't charged/ticketed under TSD108Rev3, you're charged under Federal or Provincial Statutes and Regulations, namely the HTA of Alberta, or the TSA.

In any case, all you would have to do is quote an unsuperceded law which allows you to use them to establish their legality. If the law contradicts itself, that's not your fault. You'll be told "sorry about that" and the government will begin a nice long debate about how best to resolve the conflict.

I doubt there's a judge/lawyer/police officer out there who wouldn't follow the letter of the law insofar as 2 major documents are concerned (AB HTA, AB TSA) in preference over some obscure technical document. But in case the person is well read, let's dig in deeper and see if we can clear up this apparent contradiction.

It you read the introductory parts of TSD 108 Rev 3, it's vague as to what exactly these TSD's apply.

quote:
As defined by section 12 of the Motor Vehicle Safety Act, a Technical Standards Document (TSD) is a document that reproduces an enactment of a foreign government (e.g. a Federal Motor Vehicle Safety Standard issued by the U.S. National Highway Traffic Safety Administration).


Furthermore, if you check the scope of the document (S1) it says:

quote:
This Technical Standards Document (TSD) specifies requirements for lamps, reflective devices, and associated equipment fitted to new motor vehicles.


Notice even they underline "fitted to new motor vehicles." So the questions I would ask are is this merely information based on a foreign government's statutes? Does this apply to aftermarket components fitted to vehicles after they've been purchased? To me this document sounds like it's saying it applies only to new vehicles. ie If you ran a dealership, these are the rules you'd have to comply with. But who knows? Somewhere the law must say.

The key here is that the documents point you to an actual regulation, the Motor Vehicle Safety Act. Use CanLII or Justice Canada's website to look it up. Step 1- check the introduction and application of the document.

quote:
An Act to regulate the manufacture and importation of motor vehicles and motor vehicle equipment to reduce the risk of death, injury and damage to property and the environment


Are you manufacturing or importing the vehicle or equipment? If not, then this act does not apply to you. In other words, these are the regulations that GMC, Ford Canada, Mitsubishi Motors Canada, Honda Canada, etc and dealerships all must comply with in order to manufacture or import vehicles with intent to sell.

But the key, I think, lies in part 12 itself, the part that defined TSD, where it says in para (5) that "A technical standards document is not a statutory instrument for the purposes of the Statutory Instruments Act." The SIA is the documents that says which things are and which things aren't regulations we must comply with.

It's really convulated and chopped full of legalese, so I won't bother quoting much of it, but feel free to look it up. Under definitions, the act itself basically says "Yeah, it's confusing" and offers a point of clarity. That point of clarity basically says all regulations are Statutory Instruments, and any regulations that are deemed to be Statutory Instruments are the regulations that are discussed in the act. In short, if a TSD is NOT a Statutory Instrument, it cannot be, by definition of the act, a regulation.

Now, why all the fuss about determining what a regulation is?

quote:
“regulation” means a statutory instrument

(a) made in the exercise of a legislative power conferred by or under an Act of Parliament, or

(b) for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament,

and includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, and any instrument described as a regulation in any other Act of Parliament;


In order to be penalised, fined or imprisoned for contravening something, that thing MUST be a regulation. In other words, violation of a TSD is NOT something you can be fined for.

Besides, further down, and in deeper detail, it explains why TSD's exist and what they're for, but that's beyond the point of this discussion. In short, they have nothing whatsoever to do with you as a driver and your lights, and are purely rewrittings of regulations from foreign governments.

HOWEVER, having said all that, the phrase "to reduce the risk of death, injury blah blah" should be enough to at least encourage you to consider that perhaps it's a good idea to comply with these regulations nonetheless. But it's your car. I'm just answering questions. I could care less if you put red and blue flashing lights on the roof, though Jimbo might not be too happy if he sees you driving down the road.

And if there is some regulation I've forgotten about or missed which limits these, perhaps the resident, currently-serving officer Jimbo can fill us in on where it lies. Even I'll take his word over mine.

EDIT:

Oh, and one more thing I forgot. Look at how deep and convoluted we're digging to try and find the one regulation that makes all the others wrong. While Ignorance of Law is not a valid defence, Mistake of the Law can be when the law gets extremely complex and convoluted. Basically, you say 'Holy crap, how was I supposed to know about this 1 obscure document that supercedes the others? I don't think it's fair I be held accountable." And it's not. You're expected to take reasonable measures and stay reasonably educated on the law. I'm pretty sure the HTA and the TSA meet that requirement. There's a distinct difference between knowing most of the facts and missing some obscure part and blatantly not even bothering to find the facts. I'll pay your fine myself if court tries to ding you for willfull blindness if you claim you didn't know.

SilverNeonRacer
Sweet.. heh Damn me settled just so I didn't have to go to court again.... I coulda fought it just based off well I read the Alberta Reg, it said white was fine, I felt no need to look further. But I had White LED's and the RCMP said they looked blue compaired to my headlights(which actually where illegal, they where the wannabe HID's with the bulb coating, but they looked prolly about 4000K in color)


Whats your take on LED bulbs, not full housings like on semi's and busses and such, but a replacement 1157 or 3157 LED bulb.

I saw no mention of LED in the ALberta vehicle regulations, and the federal act(which I have at home) says something about a bulb refering to a filiment and or LED or something....

dtjohnst
Alright, as far as I know, there's no restriction on how the light is emitted (filiment, diode, etc), as long as it meets the criteria of illumination (100m/30m etc). See the Vehicle Equipment Regulation and the Highway Traffic Act for details.

Stainless
SilverNeonRacer, where was this guy a few months ago? You should track down that officer, and offer him this reading material so he understands what he is trying to enforce! :D

SilverNeonRacer
quote:
Originally posted by dtjohnst
Alright, as far as I know, there's no restriction on how the light is emitted (filiment, diode, etc), as long as it meets the criteria of illumination (100m/30m etc). See the Vehicle Equipment Regulation and the Highway Traffic Act for details.


What abuot the clause(mind you the clause could be int eh federal one you already shot down) about meetin SAE specs, and if nobody has tested it, how do we know?

Also there's that bit somewhere, once again can't remember if it's federal or provincial about only being able to replace stuff with technology of the day or some bit... I'll have to search for it...

Here's a pic of my car with the LEDs:(Yes these are what I got the ticket for)

And here I have a pic of stock 4157NAK vs 3157 white LED:



soo yeah... hmmmm

SilverNeonRacer
Ahhh here we go, the alberta equipment reg.. does state the federal TSD does apply, and that all my lights need to meet the requirement on the day my car was made.. err wait, it must comply with the standard onthe day it was "Incorperated" intot eh vehicle.... in installing bulbs is "incorperating" them into my car... hmmmmmm


But...
I'm pretty sure LED's don't meet the manufactures specification for this car, and I have yet to see LED bulbs with SAE or DOT markings on them...


Crappy..


quote:

General standards

4(1) The following standards respecting lamps on vehicles are adopted and apply to a light or lamp incorporated in or attached to a vehicle:

(a) section 108 of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada), including Technical Standards Document No. 108;

(b) the alternative standards adopted by section 108.1 of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada):

(c) SAE J583 Revised June 1993 applies to fog lamps marked SAE F;

(d) SAE J595 applies to warning lamps marked SAE W for emergency, maintenance and service vehicles;

(e) SAE J887 applies to warning lamps marked SAE W2 for school buses;

(f) SAE J845 applies to 360 degree emergency warning lamps marked SAE W3;

(g) SAE J1318 applies to 360 degree gaseous discharge lamps marked SAE W5;

(h) SAE J581 applies to driving lamps marked SAE Y.

(2) A lamp on a vehicle, wherever it is located,

(a) must comply with the appropriate standard under the Motor Vehicle Safety Act (Canada) on the date it is attached to or incorporated in the vehicle, or

(b) must comply with the SAE standard applicable on the date on which the motor vehicle is manufactured.

(3) A lamp or replacement lamp on a vehicle complies with this section if it

(a) meets the manufacturer’s specification for the vehicle it is incorporated in or attached to, or

(b) has a mark or label on it that indicates in words or symbols that the appropriate standard has been met.

(4) A person shall not drive or operate a vehicle that has a coloured lamp unless the lamp is required or allowed by this Regulation.



dtjohnst
quote:
Originally posted by SilverNeonRacer
Ahhh here we go, the alberta equipment reg.. does state the federal TSD does apply, and that all my lights need to meet the requirement on the day my car was made.. err wait, it must comply with the standard onthe day it was "Incorperated" intot eh vehicle.... in installing bulbs is "incorperating" them into my car... hmmmmmm


But...
I'm pretty sure LED's don't meet the manufactures specification for this car, and I have yet to see LED bulbs with SAE or DOT markings on them...


Crappy..



Ahh. I see where you're looking. I have a severe beef with this document. There shouldn't be one document saying white is allowed, then have another point you to a document which says white isn't. Simply based on the fact that they cannot get their laws straight, I'd argue you're clear to do it simply on the basis that their information conflicts. But I think there are better reasons why you're ok for several key points I'll bring up.

The TSD still says, in Scope, that it applies to NEW VEHICLES. The second you drive your care off the lot, I don't think you're required to comply with that document in aftermarket parts, though perhaps a lawyer would have a better opinion. And since we aren't dealers/manufactureres dealing with new vehicles, the regulations which say "white or amber" should be sufficient. Furthermore, the Motor Vehicle Safety Act, in it's own language, very clearly relates to companies who manufacture and import vehicles.

I'm also not impressed that the ALBERTA Vehicle Equipment Regs do not point to a single ALBERTA regulation when it comes to vehicle lighting. Why have the other regulations then?

As an ex police officer, I find it appalling that such a blatant contradiction exists. Sure, if a cop wants to be a jackass, he can chose to charge you under these obscure laws. But I still personally don't think these regulations apply in this case. The Vehicle Equipment Regulation takes a document written for a specific group of people and, based on your interpretation which isn't far fetched I bet many people would look at it that way, attempts to chage who it applies to, and in doing so contradicts regulations enacted by the same governing body. Are police supposed to decide for themselves which laws to enforce and which to ignore? That hardly seems fair. And luckily, I think police know it doesn't apply and interpret it as I do.

Besides, the document itself says no person shall operate a vehicle with lights unless they comply with ITSELF in terms of colour etc. Check section 23.

quote:
23(1) This section applies to a vehicle, other than a towed implement of husbandry, manufactured on or after January 1, 1971.

(2) One set of turn signal lamps on a vehicle that has turn signal lamps must comply with the following:

(a) they must be located at or near the front of the vehicle;

(b) they must be on the same level and as widely spaced laterally as practicable;

(c) when lit, they must emit white or amber light that is plainly visible from at least 250 metres ahead.

*NOTE: Emphasis by me


That document itself, which in my mind would supercede anything it points to, plainly says white is allowed. Again, contradicting itself, unless you interpret that the TSD is for manufacturers, dealers and importers only as the TSD itself states.

I honestly still believe what I said before. White turn signals are allowed by law, despite the fact that this document could be quoted, since the scope of the TSD plainly indicates it's intended for a different group or body.

As to your question about whether or not LED's are allowed, thhey certainly are. Your question involved something about filaments earlier, and I think that's where you got confused. In the Introduction of Section 108 to the MVSR, part 6, it reads:

quote:
(6) Wherever the word "filament" appears in this section, TSD 108 or an SAE standard or recommended practice, it may be read as "arc" where the requirement applies to a lamp in which light is produced by a gaseous discharge tube, or as "light-emitting diode junction" where the requirement applies to a lamp in which light is produced by a light-emitting diode.


As long as the bulb meets the strict requirement listed in the document, WHETHER MARKED OR NOT, it's acceptable. The marking is "piece-of-mind" for the consumer. The SAE, ECE, etc are merely safety bodies, non-governmental, that certify that a specific part meets their recommended requirements. The government has chosen to make those requirements law, but it has not made the requirement that those parts (at least in the case of bulbs) be certified by those bodies.

As an example, many products will say "meet or exceed SAE standard #", "Meet or exceed CSA standard #" or "Meet or exceed original manufacturers specifications". In either case, that's sufficient, insofar as the law is written, to be usable in your vehicle. If they don't meet those standards and are lying on their product, that's not a problem that you, the consumer, are expected to worry about. We aren't lighting scientists, we can't test it, and the government is supposed to regulate companies, ensuring they only post things which are true. That would be the wonderful world of res ipsa loquitor: the thing speaks for itself. They're trying to say you're responsible because the product was in your control to verify. But that doesn't apply, because you can bring in the package saying it was, at which point it becomes the problem of the company that made said product.

I would challenge a police officer to stop you, look at your white turn signal LED's, and say "They don't comply with SAE standards. Here's your ticket." I would say "What are they SAE standards?" I bet they can't name them. I also bet they can't say how to test those standards. Furthermore, I bet they couldn't even tell you if your light was stamped SAE approved or not. Can they take the light out and check? Sure, if they have reasonable cause.

You see, it's not your job to prove you're complying with the law. It's their job to prove you aren't. "Innocent until proven guilty" (though technically the term is "presumed innocent" since your guilt or innocence has nothing to do with what a court says really, if you did it, you're guilty) is a firm tenant of the law. Why do you think a ticket doesn't show on your record until the date of conviction? You can't be "assumed" guilty, it has to be proven, usually through voluntary payment.

Now be careful here, I'm not saying that in the course of regular legal proceedings, things need to be proven "beyond a reasonable doubt", that's not applicable. You aren't facing a murder charge. The crown merely needs to prove it's "more likely" you violated the law. Such as speeding. In essence, the crown holds the burder of proof. You could literally sit there, and if the crown can't provide proof of your misdead, you're released. It's like if you admit to murder but a body and weapon are never found. They cannot prove anything since they have a lack of evidence. In this case, even if they got a court order to take your light and inspect it, they need to prove you knew it didn't comply with regulations first. And if the box says it does, you're golden.

Besides, they'd never get that court order. They'd need reasonable cause and sufficient evidence to justify taking your property in to test it, or there'd have to some form of legal precedent in place, which there isn't. Sure, they could perhaps set one, but then I'd go to court and argue about your rights and freedoms.

So, if you put bulbs in, keep the box. That'll give you rebuttal presumption. In other words, even if the court decides to presume your lights don't meet spec, you can prove you took reasonable steps to ensure they did. I was stopped once and told my headlights were blue. I told the cop to me his looked more yellow than mine looked blue. I had the box in my glove compartment. "Ultra white". It says white on the box, it looks white from the drivers seat, and I think they only seem blue because we're used to yellowish/orangish lights on most cars. Granted the cop and I were both in jovial joking moods and he probably could've ticketed me and then I would've had to argue in court, but having the box that says "white" right on it should be sufficient. How do I know my eyes don't see things funny? Maybe I'm blue/white colourblind, but the box said it was white.

That's my take on the whole thing. Again, if you get dinged, it'll be up to you to determine whether or not it's worth the hassle, and since you likely won't be taking a lawyer to traffic court with you, it might be hard to refute anything should they bring up some law or fact of law that you aren't aware of on the spot. I'll reitterate though, if safety bodies "recommend" something, it's probably for good reason and you should consider complying anyways. An LED, however, uses less power and emits clearer light, so I think, if anything, it'd be safer to use, and nothing I've seen "recommends" against using them.

PS. Love the car. There's something about those old boats that make me wish I owned one.

SilverNeonRacer
Ahh well mine came in a plain white box, the cop mentioned something about how they are marketed as white, but they really aren't. .These are almost identical to the light I have, same place I bought them from too. I did ask after the ticket if there was any chance they met sae specs, he said no. But I called SAE, I could find out their specifiactions, IF I pay for the datasheet. The lady also said they don't do the testing, so if this guy I buy the lights from decided to pay for it he could have them tested...

My bulbs had no markings what so ever, I asked about the orange ones I had and put back in so he wouldn't tow me, they has a 1157c or soething and he said the C means it complies, I have another bulb in my hand right now that's a GE, no markings cept for bulb type, manufacture, and a D5, and hungary.

I pulled the bulb out of the housing and he even agreed it what white, but my Factory original lense(a defuser type lense) made it look blue.

My argument for the color was going to be you can purchase white LED's that have a SAE marking onthe package for a backup light, and backup lights according to the regulation must be white, and thus I would submit that white LED's are considered white by law

quote:

This Technical Standards Document (TSD) standard specifies requirements for original and replacement lamps, reflective devices, and associated equipment fitted to new motor vehicles.


The quote above doesn't show it, but they crossed out the "original and replacement" and "fitted to new motor vehicles" is underlined..

Hmm heh I knew that cop was full of BS, he drive a minivan cause he's a colision scene investigator or so he said. But another thing he said was "No color bulbs have been approved for use" refering to the red bulbs ppl use in the clear tails... nobody "approves" bulbs, independant companies test thm so see if they meet specifications....

Me thinks I should go put my LEDs back in :P Once I get teh special flasher fix(the resistor fix kinda sucks)

SilverNeonRacer
Ohh:

quote:
Besides, they'd never get that court order. They'd need reasonable cause and sufficient evidence to justify taking your property in to test it, or there'd have to some form of legal precedent in place, which there isn't. Sure, they could perhaps set one, but then I'd go to court and argue about your rights and freedoms.



The cop consficated them, he was going to impound my car, but instead made me spend over an hour on the side of the road in below -30 weather, on the highway, a good 60km from any town to take them out(I lucked out and still had the stock Amber signals in the glove box) He didn't even bring them to court, I got them back a week later. Court was in Westlock, I got them back from the Athabasca.

here's another pic, I love the LEDs inthis one:

And had I been driving around liek this, damn straight ticket me:


But this si what he probably saw when I drove buy

(Keep in mind in that pic the inner 2 headlights still have the blub 194s on, they came with the headlights, I later put cheep CT white LED's in - big mistake, they started to strobe so I tookthem out)

dtjohnst
quote:
Originally posted by SilverNeonRacer
Ohh:



The cop consficated them, he was going to impound my car, but instead made me spend over an hour on the side of the road in below -30 weather, on the highway, a good 60km from any town to take them out(I lucked out and still had the stock Amber signals in the glove box) He didn't even bring them to court, I got them back a week later. Court was in Westlock, I got them back from the Athabasca.

here's another pic, I love the LEDs inthis one:

And had I been driving around liek this, damn straight ticket me:


But this si what he probably saw when I drove buy

(Keep in mind in that pic the inner 2 headlights still have the blub 194s on, they came with the headlights, I later put cheep CT white LED's in - big mistake, they started to strobe so I tookthem out)



Confiscating something that's illegal and taking it for testing are 2 wholly different issues. There's an entire set of regulations on what requirements must be met in terms of taking something to test it.

EDIT:

By the way, you were right. No HTA in Alberta. When the TSA was proclaimed, the HTA was repealed. My apologies.




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