NSW: a win on the exhaust noise issue

This came through the MCC delegates list. In essence, it looks like
they can't fine you for "insufficient silencing" without full test rig,
but they can still defect you.

You can be fined for not having labelling on a post-86 bike.

Anyone who has been fined for noise on a post-86 bike without the full
EPA test rig being used should contact the MCC at

==================

Subject: [Mcc-delegates] Exhausts - a small, but sweet win!!!


I have just heard from Chris Turner, from the steps of Hornsby Courthouse.

As Chairman of the Noise Committee for the Motorcycle Council of NSW, Chris
has taken his enthusiasm for accuracy into the court to defend a fine he
received for "inefficient silencer".

He was pulled over by the Highway Patrol in St Ives and issued a fine for
loud pipes, even though he had a "Can Kit". This was on the basis that the
policeman proclaimed himself an expert on noise judgement and ignored the
Can Kit.

The Police prosecutor withdrew the case after Chris had cross-examined the
policeman in the witness box. His line of questioning forced an admission
that the policeman was not an "expert" and that to issue the fine required
an actual noise test (Sec 160 of Roads and Traffic Regulations) and not just
the "opinion" of the policeman on the spot.

This is a win of significant proportions. It gets rid of the "hassling"
tool.

A job very well done!

The police response to this will be interesting.

Virtually the only response open to them is to advise the EPA of the bike
details, so the EPA can then issue a Notice to the owner to present the bike
for testing at Lidcombe.
Unless the Police then decide to "discover" some other little known
Regulation with which to hassle riders.
The lack of a "Can Kit" type label on an aftermarket pipe will, under the
retrospective law of Clause 19 of Regs from Protection of the Environment,
still attract a $200 fine. Work continues on repealing Clause 19.
But, without a roadside measurement, the fine for "cause to operate a
vehicle with inefficient silencer" is of no value and may be safely fought.
(the only roadside noise tests are done by EPA, so that is different game
anyway and you are dead in the water if rounded up there, no matter what the
Can Kit says)


In summary,
The motorcycle met the requirements of Clause 19.
The Police issued a fine and Defect Notice for noisy exhausts anyway.
The fine issued by the Police has no basis unless the bike was tested in
accordance with the Stationary Noise Test requirements.

There is little doubt that the Police were going to issue some sort of fine
to Chris, just because he was a rider. The other circumstances indicate
this.

Guy


_______________________________________________

 

Good news But I don't think this will do anything for those of us
unlucky enough to get a HWP orificer having a bad hair day who decides that
you are guilty of making "unnecessary noise or smoke" pursuant with
Australia Road Rule 291[1]. Then there's the whole "Protection of the
Environment Act 2001, Noise Regulations" where they can hit you with a $220
fine for blipping the throttle in your own back yard. (Shaddap Nev)

[1] - 291. Making unnecessary noise or smoke
A person must not start a vehicle, or drive a vehicle, in a way that makes
unnecessary noise or smoke. Offence provision. Example Causing the wheels
of the driver s vehicle to lose traction and spin on the road surface may
make unnecessary noise or smoke. Note Other laws of this jurisdiction also
deal with vehicles and equipment that make noise or smoke.
(http://www.rta.nsw.gov.au/rulesregulations/downloads/p18.pdf)


James
ZZR250==>ZX9R

 

In aus.motorcycles on Wed, 17 Nov 2004 16:41:02 +1100

If you want to, you can fight it. If your bike is legal then they'll
get thrown out.

If it's not legal then that's a lot harder, but if it's close to legal
and you argue you were riding normally, they'd have a lot more problem.

remember... you can be done for an illegally loud pipe one way or
another. If you ride with one, you risk that.


Zebee

 

Being able to eliminate worry about getting done for loud exhaust just
by complying with the law is a good thing all by itself.

 

Isn't a "test rig" just a decebel meter with a tripod (and the tape measures
and other ancillary bits and pieces like pens and paper)?

TB

 

Well, yes, and then again, no.

The above listed thingies are required, but also the testing has to be
done in a fairly clear area, without vehicles or buildings close by, and
also without too much noise coming from surrounding traffic.

regards,
CrazyCam

 

Ahh yes.. forgot that part. Something like at least a 500m raduis flat clear
plane wasn't it?

TB
trying to think back when we had the ADR guy in to test the Fireking
vehicles..