Possible VIC sticker tax?

This came through on the MCC list, Victorians beware!

Now this is probably just "must comply with ADR" but there's nothing
there that says it only applied to original equipment.


copied from Austlii:

http://www.austlii.edu.au/au/legis/vic/consol_reg/eper2003563

__ _ _ _ _ _ _ _ _

Victorian Consolidated Regulations

ENVIRONMENT PROTECTION (VEHICLE EMISSIONS) REGULATIONS 2003 - SECT 17
Labelling of motor cycle or motor tricycle

17. Labelling of motor cycle or motor tricycle



(1) In this regulation, "engine speed at maximum power" means the engine
speed, expressed in revolutions per minute, at which maximum power is
developed by an engine.

(2) A motor cycle or motor tricycle the manufacture of which was completed
on
or after 1 March 1988 must have the following information affixed-

(a) a heading comprised of the words "STATIONARY NOISE TEST INFORMATION";
and

(b) a statement containing the recorded stationary sound level value and the
50% "engine speed at maximum power" value in the following format-

"Tested .....dB(A) at .....r/min Silencing System: (manufacturer)
Identification: (trade description)".

(3) The information must-

(a) be embossed or etched in a readily visible position or carried on a
label of plastic or metal which is welded, riveted or otherwise
permanently attached in a similarly visible position; and

(b) be in the English language in block letters and numerals of a height
not less than 3 millimetres and of a colour contrasting with their
background; and

(c) be affixed so that it cannot be removed without being destroyed or
defaced.

_ _ _ _ _ _ _

This appears to be a copy-paste of the regs that the MCC of NSW has been
fighting, so here's 15 years of restrospectivity, not the 12 that the NSW
EPA is trying for. No apologies, no education (AT ALL in Vic) and no bloody
idea how it crossed the border (well, I have an idea which member of the EPA
NSW might have passed it on). I wonder when the Vic Coppers will start using
this 'tool' for their motorcycle eradication program. I bet it won't be
long.


Chris Coote

_______________________________________________
Mcc-delegates mailing list

http://mailman.hagus.net/mailman/listinfo/mcc-delegates

 

mmm. so I don;t see a penalty for making up ones own sticker and placing it on the exhaust.

There are penalties for defacing/altering/removing but not for placing an additional, more conspicuous label. nor for placing a
label with the proper form of words on the exhaust.

Sect 17 and 18 refers.

http://www.austlii.edu.au/au/legis/vic/consol_reg/eper2003563/

 

Doesn't seem to be an issue here in vic tho.

 

In aus.motorcycles on Tue, 10 Feb 2004 11:44:11 +1100

It's in the regs. Meaning it can be an issue if they want it to be.

If, for example, they want to deal with hoons, or want to take the heat
off some other decision. Noisy motorcycles is a good stick to
beat bikers with.

Are there more houses being built around Reefton? Are the Seachangers
complaining about evil bikies on the GOR?

Won't it be fun to get blitzed with $200+ fines for not havnig a
sticker, and no way to get one?

Zebee

 

Doesn't this say labelling of motorcycle rather than labelling of exhaust?
Don't all motorcycles sold have a label (usually a sticker on the frame which
states "Tested .....dB(A) at .....r/min Silencing System: (manufacturer)
Identification: (trade description)".

Is this a "brand new" piece of legislation (act is dated 29 January 2003) or
is it just a rewrite or consolidation of previous pieces of legislation (i.e.
did the act which this supersedes Environmental Protection (Vehicle Emissions)
Regulation 19xx also contain a Section 17 with exactly this wording?

It _looks_ like a "must comply with the ADR".

Nev..
'03 ZX12R
'02 CBR1100XX

 

In aus.motorcycles on Tue, 10 Feb 2004 12:05:44 +1100

It does, but it doesn't say anything about non-OEM.

Meaning that if you have an aftermarket pipe that doesn't match
the sticker on your bike, what then?

Zebee

 

after the last outcry of entrapment when the police escorted bikes and
purposefully went over the limit and had hundreds of tickets refunded
then I still don't think it's going to be much of an issue.
Police here have never regarded noise as a big issue.
There were some complaints of noise around St andrews so Vic roads
lowered speed limits.
the subsequent result was that the locals were all getting booked for
speeding.
There is so much emphasis on speed in victoria that epa regs seem to
take a distant back seat.

 

Is there a regulation which states where the sticker must be stuck, and
whether or not it must be visible? My ZX12R has the noise sticker stuck on
the frame.. in order to see it you must remove the pillion seat with the key,
undo two 10mm bolts to release the rider's seat, undo 2 12mm bolts and 4
phillips head screws and take the plastic cover which looks like the petrol
tank off and then the section of frame onto which the sticker is stuck is
visible!

Nev..
'03 ZX12R
'02 CBR1100XX

 

In aus.motorcycles on Tue, 10 Feb 2004 12:56:40 +1100

heh. well, the reg states:

(3) The information must-

(a) be embossed or etched in a readily visible position or carried on a
label of plastic or metal which is welded, riveted or otherwise
permanently attached in a similarly visible position; and

(b) be in the English language in block letters and numerals of a height
not less than 3 millimetres and of a colour contrasting with their
background; and

(c) be affixed so that it cannot be removed without being destroyed or
defaced.

Be interesting to fight that in court eh?

Zebee

 

"Zebee Johnstone" wrote

Zebee, my 1994 Guzzi has a compliance plate which says, among other
stuff,

STATIONARY NOISE TEST INFORMATION
Tested ..93...dB(A) at 3200.....r/min
Silencing System: Moto Guzzi
Identification: S 3060

What's new about that?

Theo

 

In aus.motorcycles on Tue, 10 Feb 2004 05:57:54 GMT

That it doesn't say it only applies to the OEM pipes.

The sticker on your bike is an ADR requirement, and is only needed for
it to pass ADRS, This legislation means it has to be on the bike after
first sale, which wouldn't be the case otherwise.

but.... if you fit an aftermarket pipe, then that sticker is no longer
true, and therefore *illegal*.

Zebee

 

"Zebee Johnstone" wrote

I assumed S 3060 refered to the OEM exhaust system. Does it not?

It ain't a sticker. It is part of the compliance plate. I assumed
(again) that I can't remove the compliance plate. It has the VIN
number and year of manufacture on it also.

Agreed. Do you know of many bike that have worn out the original
system and were replaced by an OEM?

Theo

 

Just a quick question ... what is the nuts of the changes made in NSW (if
any) over labelling and noise laws etc with motorcycles?

Cam
'03 954

 

Woohoo! It only applies to _new_ bikes!

-----sharks

 

In aus.motorcycles on Tue, 10 Feb 2004 06:34:11 GMT

Nope. Hence the problem.

The EPA in NSW told the MCC that they believed that riders with noisy
pipes removed the noisy ones and refitted stock ones for rego....

The EPA in NSW are actively pursuing the sticker tax, this legislation
shows the Vic ones can if they want.

They can pull you up, and if the sticker doesn't match the pipe, bingo,
you are done. Not only fined, *defected*.

Sure, no one refits stock pipes. Do you think they care?

Zebee

 

In aus.motorcycles on Tue, 10 Feb 2004 17:46:59 +1100

See www.mccofnsw.org.au

It's all there - there's a link on the front page.

Zebee

 

In aus.motorcycles on Tue, 10 Feb 2004 07:17:13 GMT

Yeah, I am not sure if that dating is in the NSW laws or not.

Bummer if it's not, be fun to be able to make a fuss over
retrospectivity and general unfairness about having to deface my very
original 1952 motorcycle.

Or my prizewinning restored 1974 one.

Zebee

 

They worked that out?

Can I get out my engraving tool and comply the pipes I've got? I think
my original pipes, which lasted nearly 18 months, had MOTO GUZZI and
probably S 3060 either engraved or stamped on them.

No. I also don't think the EPA in WA is going to convince the Police
to accompany them to the Jokers clubhouse to inspect their mufflers.

Theo

 

In aus.motorcycles on Tue, 10 Feb 2004 08:32:43 GMT

As far as I can tell, in NSW, the muffler requires a sticker with some
information on it. I presume it's supposed to be the correct
information, but it doesn't actually say that....

They don't need to. They just do what they always do to patch clubs,
bail 'em up on a run.

Zebee

 

A quick browse through Austlii database revealed the following legislation...

====================
SUBORDINATE LEGISLATION (ENVIRONMENT PROTECTION (VEHICLE EMISSIONS)
REGULATIONS 1992 - EXTENSION OF OPERATION) REGULATIONS 2001 - SECT 3
Extension of operation

3. Extension of operation

The operation of the Environment Protection (Vehicle Emissions) Regulations
1992 is extended for the period beginning on the day on which they would
otherwise be revoked by virtue of section 5 of the
Subordinate Legislation Act 1994 and ending on 1 February 2003.
====================

and the Environment Protection (Vehicle Emissions) Regulations 1992 contains
the following section...

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

23. Labelling of motor cycle or motor tricycle

(1) A motor cycle or motor tricycle the manufacture of which was completed on
or after 1 March 1988 must have the following information affixed--
(a) a heading comprised of the words "STATIONARY NOISE TEST INFORMATION"; and
(b) a statement containing the recorded stationary sound level value and the
50% "engine speed at maximum power" value in the following format--
"Tested .....dB(A) at .....r/min Silencing System: (manufacturer)

Identification: (trade description)".

(2) The information must be embossed or etched in a readily visible position
or carried on a label of plastic or metal which is welded, riveted or
otherwise permanently attached in a similarly visible position.
(3) The information must be affixed so that it cannot be removed without
being destroyed or defaced.
(4) The information must be in the English language in block letters and
numerals of a colour contrasting with their background and must not be
less than 3 millimetres in height.
====================

...which appears to read word for word the same as that quoted by Chris Coote
in the original post by Zebee.

So this legislation has been in force for at least 12 years. It is not
retrospective. Apologies to all the scaremongers, Labor bashers and
professional whingers, sorry to spoil your party, you can take that chip back
off your shoulder and go back to sleep.
Zebee you might like to forward to Chris and the MCC list this link to the
1992 regulations. http://www.dms.dpc.vic.gov.au/l2d/E/STAT00116/1_2.html

Nev..
'03 ZX12R
'02 CBR1100XX