NSW: exhaust issue hots up

Questions asked in State Parliament today. Meaning that the minister
has to come clean...

via the mcc list
========================
EXCELLENT NEWS !

The following link will open an MS Word document (15 Pages) of Questions
on Notice asked in yesterdays NSW Legislative Assembly. You may verify
the content of this email there.

Question on Notice No.1946 was asked by Dr. Arthur Chesterfield-Evans
(Democrats) of the Minister for the Environment (Labour). A copy is
pasted in below.

The Democrats do speak up for workable democracy, against steamrollering
arrogance of this govt and against emotive arguments with cool reason.
Remember this at the ballot box.

The question relates to the retrospective Clause 19 of EPA Regs
(exhaust labels), confusion arising and the failure of this government
to implement Regs approved in Jan 2003 for new motorcycles complying with
ADR 83/00. The new Regs provide for a +5dB(A) allowance for "Measurement
uncertainty" for new bikes complying with the new ADR 83/00 (exhausts).

Answers are required under law by January 13 2005. This opens the
transparent public debate.

It has come to this because of failure by EPA to conduct a proper
Community Consultation process, preferring to use ideology instead
of facts, plus refusal of the Minister to meet with the MCC of NSW to
resolve this issue.

The MCC has attempted to work with officers of the EPA, but they
have refused to acknowledge a problem exists, or that they have got
it wrong. We have policy being driven by enforcement or revenue, or a
simple lust for power by EPA enforcement.

The entire noise problem has been blown out of all proportion by EPA. Yes,
there are a few excessively noisy bikes that we want removed, as they
do not contribute to a good public image for all riders, but not by
enforcement of the innocent or marginal infringers by retrospective
legislation and lack of a margin for error on noise tests.

http://tinyurl.com/6k749 will get you the word doc

A Ministerial, right on the holiday period, excellent.

If you live in Springwood area, Bob Debus, the Minister, lives there,
it's his Electorate. Watch your local paper for any public meeting where
he will appear and go say hello and ask him what he's doing about this.
Issues to raise: Retrospective law and allowing EPA enforcement officers
to decide policy that makes them appear important.

Merry Christmas EPA !

More news when answers received.

Guy


1946 ENVIRONMENT—MOTORCYCLE NOISE CONTROL—Dr Chesterfield-Evans to ask the
Minister for Justice, and Minister Assisting the Premier on Citizenship
representing the Attorney General and Minister for the Environment—
(1) Are there in excess of 385,000 motorcycle licences issued at present in
New South Wales?
(2) Is the motorcycle community dissatisfied with the application of Clause
19 of the Protection of the Environment (Noise Control) Regulation 2000 as
interpreted by the EPA and enforced by the NSW Police?
(3) (a) Under Clause 19 of the Protection of the Environment (Noise Control)
Regulation 2000 are previously legal motorcycles suddenly becoming illegal,
causing buyers and sellers extra expense?
(b) If so, is this inconsistent with the Regulatory Impact Statement on
Clause 19, conducted in 1999, which stated that there would be no adverse
financial effects?
(4) (a) Is Clause 19 enforced against after market exhausts for other motor
vehicles?
(b) If not, why not?
(5) (a) Will similar exhaust labelling requirements be introduced for other
motor vehicles?
(b) If not, why not?
(6) (a) Given that that there is so much confusion and dissatisfaction
surrounding the application of Clause 19, will the Minister meet with the
Motorcycle Council of New South Wales to discuss a sensible and workable
alternative?
(b) If so, when?
(c) If not, why not?
(7) (a) Has the Australian Vehicle Standards Regulation (AVSR) from
Australian Design Rule (ADR) 83/00 already been agreed to by the Australian
Transport Council (ATC) and the National Environmental Protection Council
(NEPC)?
(b) Does such an agreement place an obligation upon the Minister to
immediately integrate it into State law?
(c) If so, when does the Minister intend to implement the Australian Vehicle
Standards Regulation from Australian Design Rule (ADR) 83/00 in New South
Wales?
(8) Will failure to implement this regulation leave buyers of new
motorcycles exposed to fines and Defective Vehicle Notices by EPA and police
using the earlier regulations that do not harmonise with international
standards?
(9) (a) Will the Minister consider adoption of the same "measurement
uncertainty" used in the new AVSR to all stationary noise tests for
motorcycles, that is to keep the existing limits, but provide the
international measurement uncertainty from ISO 5130?
(b) If not, why not, given that such tests were accepted nationally by the
Australian Transport Council and National Environmental Protection Council
in January 2003?

 

Another bit that is of relevence is below. Too many people treating it as a racetrack. Also the fact of pushy riders going through
there despite there being f/all in the way of sufficient room for them and faster "normal" traffic.


1944 POLICE-CYCLIST SAFETY ON THE OLD PACIFIC HIGHWAY-Mr Breen to ask the Minister for Justice, and Minister Assisting the
Premier on Citizenship representing the Minister for Police-
(1) On Sunday 5 December 2004 was a push biker badly injured after being hit from behind by a motorcyclist on the 3.9km section of
the Old Pacific Highway between Brooklyn Road and the café, 'Pie in the Sky' at Cowan?
(2) (a) Is the 20km section of the old highway north to Mt White attracting large numbers of recreational motor cyclists and push
bike riders?
(b) Is this section of the highway becoming less safe for bicycle riders due to speeding violations by some motorcyclists and
car clubs?
(3) (a) Has there been an active police presence in the area monitoring speeding on the Old Pacific Highway over the past three
months?
(b) If not, why not?
(4) Why isn't the Police Department is controlling excessive speeding on the Old Pacific Highway between Berowra and Mt White on
weekends when motor cyclists and, to a lesser extent, car clubs, regularly break the speed limits?
(5) (a) Will the Minister consider installing permanent radar surveillance in the danger zone between the 'Pie in the Sky' café at
Cowan and Mt White including fixed speed cameras?
(b) If not, why not?
(6) (a) Will the Minister convene a meeting between the larger car clubs, motor cycle groups and bicycle groups to address the
issues of speeding, greater clearance when passing cyclists and anticipation that cyclists will be using the Old Pacific Highway?
(b) If not, why not?

Mike.S

 

a racetrack. Also the fact of pushy riders going through

Minister for Justice, and Minister Assisting the

hit from behind by a motorcyclist on the 3.9km section of

attracting large numbers of recreational motor cyclists and push

due to speeding violations by some motorcyclists and

speeding on the Old Pacific Highway over the past three

the Old Pacific Highway between Berowra and Mt White on

in the danger zone between the 'Pie in the Sky' café at

motor cycle groups and bicycle groups to address the

anticipation that cyclists will be using the Old Pacific Highway?

I preferred the original post.

Cheers,
Dave ZZR600 => ST2 (stolen) => '03 XX

 

Thanks Dave, it's always good to be appreciated

Mike.S