NSW; new exhaust noise laws in the offing

Can a State gov actually make rules that vary from the ADR in any meaningful
sense? And assuming they do, would those rules then stand up in court?

P

 

In aus.motorcycles on Sat, 07 Jul 2007 05:34:01 GMT

Yup. Because the ADRs are about what is importable, not what is
registerable.

Zebee

 

This also impacts riders from other states who intend on riding in
NSW, even though your bike is legal in your home state you can be
fined whilst riding in NSW if your pipe is louder than OEM (remember
the exhaust label tax?).

Aren't there laws that prevent a State government from writing laws
that impacts on free trade and travel between states?

I would be interested to know how this law will allow for the fact
that even OEM pipes' sound levels change over time due to normal wear
and tear?

 

In aus.motorcycles on Sat, 07 Jul 2007 06:08:39 -0700

I thought so, but apparently they don't apply.

I can't rememebr the specifics but there's a requirement in NSW
for trucks to have a certain kind of mesh stone screen, or else to not
have a certain kind. If they don't conform, they can't drive in NSW,
no matter where they are registered.

If that could be overturned then you can bet the well funded trucking
industry would....

That's a thing that the MCC have been howling about for ages. In
Europe there's a fudge factor built in to the laws to accomodate that
but not in NSW.

Zebee

 

And their parents.

Theo

 

You'll love this ad then


Theo

 

Saw one on a comedy show this week. Pushed the button and it went "knock,
knock, knock"

Theo

 

Don't forget neighbors who have their drunken domestic arguments in
the street at 3AM complete with smashing bottles. Or am I the only one
with those kind of neighbors?

 

Hmmm..... I think you live in my street! <grin>

betty

 

Yeah wot 'e sed. However I actually thought the upshot of the Vic
trailer laws was that you WERE allowed to cross the border with your
unrego'd Vic trailer..

Anyways the basis you'd want to try and argue it on would have to be
intercourse between the states (and you might have a chance on that
one), you're pretty screwed on the trade and commerce power. You would
only have a hope if your pipes were legal in your state of course.
Only other option would be if there was something in the legislation
that was passed for the Aust Road Rules implementation (they MAY have
passed something that gives guidance if there's a clash) I'm curious
myself so I might have a dig on the topic.

Yes indeed, the amusing part of this one is you could whack the baffles
out of your stock pipe with a bit of keyhole surgery with mallet and
screwdriver and perfectly legal ('cos they're not actually focussing on
the sound levels)

Stupid part is old worn out stock pipes (even without assistance) can
easily be considerably noisier than a new aftermarket pipe (although
I'll grant few people choose a quiet pipe which is part of the reason we
have a problem).

JL

 

<ponders the revenue collection vs revenue allocation for NSW/Vic vs
QLD/WA> Yup ! There's definitely some intercourse going on !!

JL

 

Errm, a couple of dozen pages into Halsbury's and I just realised I'm
looking at this upside down.

The constitution gives the Feds the RIGHT to pass laws on the subject.
Until they pass a law any state law stand unless it's outside their
powers to pass...

So. This answers both Zebee's truckies conundrum and this one - until
such time as the Fed Govt. passes a law saying that state rego laws
have to be inline with ADR's or some such legislation it's utterly
moot.

So, can the NSW govt pass laws about vehicle compliance / fitout /
specification with regards to vehicles registered within that state.
Clearly yes.

Can the Feds pass laws about vehicle specification on import - clearly
yes.

Can the Feds pass a law enforcing the ADRs as the compliance etc
specification - possibly - but given they probably haven't it's a moot
point (just need to check the Aust Road rules legislation yet).

So the only question in the absence of any federal legislation is
whether a state govt. can pass a law that effects activities outside
their state (a limited yes but only specific circumstances (1)) and
secondly can they pass laws which impact on interstate vehicles
traversing their state - possibly under S2. of Australia Act 1986
(Cth).

Inconclusive but the question is now narrower - will need to do more
research !

JL
(as an example) (1) Union Steamship Co of Australia Pty Ltd v King
(1988) 166 CLR 1 at 14; 82 ALR 43; 62 ALJR 645

 

So can a Vic car tow an unlicensed Vic trailer in WA, and can a WA car tow
an unlicensed Vic trailer in Vic? Can I buy an unlicensed trailer in Vic and
tow it to WA behind my WA vehicle?

All sounds too hard.

Theo

 

Yes indeed, those are examples of the question that is outstanding -
I'll try and find an answer if I can.

Or to bring it back to the original point - what happens if you have
an aftermarket exhaust that's legal in Vic or WA and you want to ride
in NSW - can they (legally) book you(1)

JL
(or to be more precise can they make it stick - we know the copper can
write the ticket...)

 

On a trip East my mate and I stopped at Pt Pirie to pick up a bike trailer
for him. We didn't licence it in SA but got a 30 day permit to transport the
thing back to WA via Victoria. We got stopped by the local Gippsland Fuzz in
Bairnsdale and he got quite excited about it. After some discussion he
determined he had no jurisdiction over a WA motorcycle towing a trailer in
Vic with a SA permit, and then said his main problem was that there was no
licence number of any kind visible from the front or rear of the motorcycle.
At that point I wrote the bike licence plate number on the dirt sticking to
the back of said trailer with my finger and asked him if he wanted anything
else. He said we should do it again in masking tape when we next stopped and
then left the discusssion. .

When we got back to Norseman in WA there was a major police roadblock just
before the town who were checking licences and included a contingent of
immigration officers (??). A copper saw the masking tape "plate" on the
trailer and said what the hell. I said it's a new trailer we bought in SA,
do you really want the story that goes with the tape. He said, no, just piss
off guys before one of my mates notices it.

I still find it amusing.

Theo

 

OK I said I'd check whether the Aust Road Rules and etc had anything
for a clash and the answer seems to be no, it's not been considered

Registration and Defects Regs
http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtrr1998478/index.html

Aust Road Rules (NSW)
http://www.austlii.edu.au/au/legis/nsw/consol_reg/arr210/index.html

On that basis I'd say we're back to interstate visitors are at risk of
being booked for a defective vehicle which is legal in their home
state (as was with the sticker tax)

JL