Illegal Kawasaki ZX-12R Muffler Issue in NSW

A while ago Zebee posted a note about the latest from the NSW MCC. In it
an item refered to a ZX-12 owner's bike being put off the road by the
EPA within days of him purchasing it.

Story was that he was gonna take it back for a full refund, claiming
that in NSW it's illegal in its original, manufactured state to ride on
the road, and thus it isn't fit for its intended purpose.

Any further news on this issue?

 

In aus.motorcycles on Sat, 07 Aug 2004 17:34:10 +1000

NOt that I know of.

Zebee

 

I was talking to a dealer last night about this at a rally. He knows that
the pipe he sells to you today will cause the bike to fail rego next
inspection when he inpects it, but can't do anything about it. If he passes
the bike and you get pinged for noise the next day, he can lose his
authority to do rego checks. If you want the pipe and dont care when you
buy it, he'll sell it to you, but he's not claiming it's a roadworthy model.
What he said he'd like to see is rego inspectors have db meters and simply
have to check to a certain standard, no stickers, no approvals or other
bullshit but that would be too easy.

If you do want an aftermarket pipe and you also want it 100% legal, ask the
questions before you hand over the money.

--
Al

http://www.users.bigpond.com/pennykid/alan/index.html
"The highest form of life in the universe is Man and the lowest is a
man who works for the post office." - Holly

 

Fraser's and Action used to have a disclaimer that you signed that you knew
pipe was not street legal

 

*sniff*

Yep, smells like bullshit to me.

--
Cheers
Dave (Mojo67)
FZR600 >> ZX6R >> ??? Brisbane
http://users.bigpond.net.au/mojo67/mojo67.htm
I used to never be able to finish anything but now I

 

Wish it was Dave, unfortunately it ain't. The feds changed the noise
ADRs and NSW ("the premier state") weren't exactly keeping up....their
regs make the ZX12 illegal (drive by vs stationary noise tests)

JL

--
http://www.johnhowardlies.com/
The lie:
"We won't just automatically click our heels and follow the Americans."
John Howard, September 2002
The facts:
But one year earlier John Howard offered George Bush a blank cheque just
two days after September 11, 2001 when he said: "I've indicated
Australia will provide all support that might be requested of us by the
United States in relation to any action that might be taken."

 

With a stock can? That sucks. Must be some legal challenge possible using
the ADRs.

Someone oughta do something.

ZEBEE!!! Go fix please.

--
Cheers
Dave (Mojo67)
FZR600 >> ZX6R >> ??? Brisbane
http://users.bigpond.net.au/mojo67/mojo67.htm
I used to never be able to finish anything but now I

 

In aus.motorcycles on Mon, 9 Aug 2004 00:06:00 +1000

Things are happening.

But they don't happen quickly.

I expect another 6 months or so before there will be any news.

So anyone who buys a new bike in NSW, check the ADR noise label. If it
says the stationary test is over 94dB, be aware that some jobsworth in
the coppers or EPA can fine you.

Zebee

 

Dave Mojo67 said....

I asked this question in aus.legal. There's a thread pertaining to the
federal constitution, and I asked the question based on whether federal
laws over-ride state laws. Got a couple of comprehensive replies.
Whether they are correct or not, I don't know, as I'm not a lawyer, and
I do not know whether these chaps are experts in the area or not. And
their answers seemed to waffle on a fair bit.

 

In aus.motorcycles on Mon, 09 Aug 2004 10:16:28 +1000

It depends a *lot* on what the regulation is.

There's two here really - the inservice regs used by the pink slip
people, and the operating on the roads regs.

The infamous Clause 19 is about "not operate on the road". Bugger all
to do with state v federal, and all about "no U turns at lights in NSW,
no matter what you Vics do".

Now the new bikes are certainly labelled as per ADR. But they also fail
another clause that says "must meer ADR xx" where ADR xx is the
*previous* ADR. So if they don't meet that, then they can't be operated
on the road.

I'm not clear if they pass the inservice regs for pinnk slips, I thnk
they do cos they are ADR OEM, and thr *RTA* thinks that is OK.

But the states can have any inservice regs and any road laws they damn
well like. ADRs are only applicable to importing the vehicle (or making
it) and selling it the first time. Once it's put on the road, inservice
regs come into play. Usually these are set to mirror the ADRs, plus
have wording to allow you to, for example, have a different make/model
of tyre than it was ADRd with.


The noise regs however, specify a particular ADR. The pinkslip ones
don't, they just talk about excessive noise. (I am not 100% sure f
this, but I think so).

So fed v state doesn't apply. The ADR isn't about what you can use on
the road, the state law deals with that. And while states can say "if
it' ADR, It's OK!" they don't have to! If you look into the
legislation, you will find every state has enacted legislation to say
"as per ADR" more or less. If the ADR was the standard a) they wouldn't
need to do that and b) you can only have OEM tyres.

Zebee

 

Alan Pennykid said....

Well, given that is how it works in other states, and in NSW for cars
and other vehicles that aren't bikes....

 

In aus.motorcycles on Mon, 09 Aug 2004 14:06:09 +1000

I don't think that's so.

Very few inspectors have dB meters. What they have, is ears.
(dunno about you, but I've registered bikes in 4 states and not seen a
noise meter in any of them)

I think you'll find that most states (and NSW...) have an instructions
that if the vehicle makes excessive noise, it's to be forbidden
registration.

That's how it has always worked in NSW, except for about 6 months a few
years ago. My understanding is that it still is that way, but that some
inspectors may say "without a label I will assume it's too noisy".

I wouldn't want people to be kept to an ADR noise level, I presume most
people wouldn't want that either.

Some idea of what "offensive" is, and bikes above that knocked back is
the go. Which is how it used to be. The problem is that if you rely on
ears, then you get inspectors known for being deaf...

Zebee

 

Zebee Johnstone said....

I'll rephrase it. In NSW, whilst motorcycles require a label to be affixed to
the mufflers. cars and trucks are not subject to this requirement.
Nor is it the case for for other states. The requirement is simply noise
level based, the levels of which are fairly universal.

And as we all agree, this is wrong.

Why not?

And this gives rise to claims that bikes are too loud, and EPA and other
mobs enacting these bullshit laws to target bikes, because the testers
aren't following the rules.

Here in Vic, it's pretty well as you suggest, with the judgement of the
noise level dependant on the mechanic's otic receptors. And we don't
have annual inspections, thank christ.

 

In aus.motorcycles on Mon, 09 Aug 2004 17:56:57 +1000

Unless there's a provision for deterioration, it means that any wear or
change means a problem.

I beleive the Current euro spec - which has a driveby not a stationary
test - has provision for a 5db deterioration over the life of the bike.

Meaning a ZX12 with a stationary of 96 which passes the driveby, and
driving by is how most folk hear bikes, might be still legal in Europe
at 101 stationary. If they still pass the driveby at no more than 5
over.

Zebee

 

The way I heard the Euro spec from Warren, was that there was a 94db limit
with 5db allowance for deteriation, making it a max 99db limit. 101db is
not quiet.

Al

 

In aus.motorcycles on Tue, 10 Aug 2004 12:18:55 GMT

THe euro spec doesn't have a stationary limit.

There's a 5db allowance in the driveby. What effect that has on the
stationary I don't know, but if it's the same amount...

Zebee