Warning to Non-NSWs - Don't go there if you have non OEM Exhausts

I see that the NSW government, at the behest of its EPA has enacted new
regs that require specific labelling to be attached to the bike which
have the details of the exhaust system that's fitted to the bike. Stuff
like noise levels, rpm tested at, etc..

Currently, this isn't a requirement here in Victoria, and from what I
understand, it's not a requirement in other states. (If it is, then let
us know, please.).

This means then, if you're travelling to NSW, say to the Snowy charity
ride and the annual HRCA Snowy ride, then your aftermarket can may well
be illegal in NSW, even though it's not noisy, because it won't have a
label which meets NSW EPA's requirements.

So, interstate riders could well find themselves deep inside enemy
lines, with an illegal bike and unable to ride it back into friendly
territory. Could be a costly and a time wasting trip for some,
particularly if the cops and the EPA up there decide to "blitz" such
events.

I've heard lots of stories about the NSW EPA. Things like pinging riders
because they don't have an "unleaded fuel only" sticker on their tanks,
or even having tank bags that cover the label (and the fuel cap as
well), etc.. Sounds awfully like the horror stories the bike mags used
to trot out about the org when it was known as the State Pollution
Control Commission, a name that sounded like it wouldn't be out of place
in some then, eastern bloc countries.

Any of you NSW guys been pinged for this (or any other) EPA
infringement?

Thing is, what I don't understand is why there is a requirement for such
labelling. Surely all the muffler has to do is to comply with the noise
emission test. And if it does, then it makes such labelling superfluous,
doesn't it?

 

In aus.motorcycles on Tue, 06 Jul 2004 01:07:08 +1000

this has been discussed a lot here, google is your friend, as is
www.mccofnsw.org.au

Zebee

 

Thing is, what I don't understand is why there is a requirement for such

No sticker is easy to check and ticket for. Too loud means getting out the
noise testing gear, setting it up, etc etc etc.

 

I've never had a defect notice. Do you get a fine with it? Or is it just a
pain-in-the-arse type thing?

(I assume it is a time-to-repair defect, not a do-not-drive one.)

 

In aus.motorcycles on Tue, 6 Jul 2004 08:31:37 +1000

Apparently, judging from Chris Coote's experience, and from at least one
other MCC affiliate club member's experience, an "experienced person"
can judge by ear and you can get a defect notice.

Which you then have to clear. Because the offence is not "96dB should
be 94" but "excessive noise". TO clear it, you have to get tested and
a bit of paper that proves your pipe is at or under the limit for its
year of manufacture.

That Chris got a defect notice despite having a) a legal sticker and b)
a legal bike will show you that some coppers are bastards.

Zebee

 

In aus.motorcycles on Tue, 6 Jul 2004 08:51:42 +1000

I don't know. I think there's a fine for excessive noise, plus you have
to get the defect cleared. No idea how much they are.

That particular defect can be cleared at any pinkslip place I'm told, as
long as you have the noise certificate, but Chris found it hard to find
anywhere willing to sign off, even though he had the certificate.

Zebee

 

No, really?

Amazed Hammo

 

So where do we get one of these label things?

 

Zebee Johnstone said....

The discussions that I recall recently on this issue were centred on the
"proposed" changes to the laws. I took it that as meaning that it wasn't
yet law or enforceable.

Today I'm reading the MCCNSW website's info on this, including the bits
where you can only attend a certain office on Wednesdays and between
certain times, in order to have your bike cleared.

Reminds me of the Hitchhiker's Guide to the Galaxy where Arthur Dent's
house is about to be flattened by the council, and he being told that if
he attended the council offices and asked for access to a prohibited
area down in the basement, he may have found the public notice
pertaining to the development order. If he could get past the doberman
dogs guarding it, that is...

Sounds like the EPA is a law unto itself. Not good, at all. Wonder how
it goes enforcing regs against big corporations for environmental
breaches.....

 

They have been beaten. And will be again. EPA is not invincible.

Hammo

 

In aus.motorcycles on Tue, 6 Jul 2004 11:04:17 +1000

in nsw, you can get them from some bike shops, I know MCA in Paramatta
has them.

In Vic, gawd knows...

Zebee

 

In aus.motorcycles on Tue, 06 Jul 2004 11:18:20 +1000

The laws have been in place for some time, over a year I believe. The
discussion about whether Vics were liable was sppeculation, but seems
they are.


Zebee

 

Excessive noise or smoke: $216 + 3pts. (the $$ amount might be out by a
dollar or 2).
Undue noise whilst operating a vehicle on private premises: $220, 0pts.

Getting off without even a hint of retribution: priceless. (fuggorf Nev )

James
ZZR250->ZX9R

 

That Chris got a defect notice despite having a) a legal sticker and b)

No... Cops bastards?? Never. They are your friend..

 

Order 20 from MCA Parra and sell em on Ebay!

 

Excessive noise or smoke: $216 + 3pts. (the $$ amount might be out by a dollar or 2).

Loud exhaust is a points thing too???? Even as Chris Coote's was
legal, if the cop wants to be a ****, you lose points?

The world is getting better.

 

Yep - the undue noise or smoke rule is purely at the discretion of the
bastard, err I mean "cop", concerned. If THEY think you made "undue" noise
or smoke (maybe a false neutral in s shopping area pulling out from the
lights or something - smoke is a bit hard to be an accident) you're done
and if you take it court the beak will always side with the bastard. It's
one of those rules that was "well meaning" but in terms of enforcement,
just gives the long arm of the law more opportunity for smacking you around
the head and wallet.

James
ZZR250->ZX9R

 

The second half of this post has been answered by Zebee (mcc website
has plenty of details on these whackos), to answer your first part,
yes it would seem that what you say is true going on the information
provided by Guy Stanford at the MCC meeting last night. I'm gathering
Martin you were at the MRA/VMC meeting with the AMC/ MCC of NSW ?

Apparently the NSW EPA have provided in writing notice to QLD and Vic
requests for clarification a statement that matches what you say
above.

If you're in QLD and you have an aftermarket exhaust, you could be
nabbed by the EPA while riding through to Phillip Island. The lack of
label is a defect notice that you get 28 days to remedy, and I don't
know how they could enforce it but yes, they apparently plan to do so.

JL

 

If bike registered in another state is pinged for a nsw regulated epa
compliance thingy then why should it be penalised if it is legal as it
is back in its home state?
There is a serious discrepancey there.

 

John Littler wrote:

Therein lies the problem
The bike is roadworthy in all other states but not is nsw
It's not registered in nsw hence they have no jurisdiction to say it's
defective just because they "say so".
I'd say "yeah sure" then tear up the ticket.