[Greg]

With all the problem the EPA has been causing lately in NSW at least (possibly in other states too), here is the link to a write up by the NSW Motorcycle Council.

Exhausting Stuff full article

and the general gist as taken from the mcccofnsw web site.

Quote

Exhausting Stuff

In July 2000 the Environmental Protection Authority introduced a new regulation requiring all motorycles to carry a specific label on an aftermarket exhaust or face a $200 fine.

The EPA made no attempt to inform riders of this new law, and have not made information available about it, so most riders with aftermarket exhausts can't make them legal. Unlike car owners the only way they can have a known legal pipe is to buy a standard exhaust.

Fines and defect notices are being issued by the EPA inspectors, and by the Police.

This regulation is retrospective, unlike most laws which only affect things done after the law was passed. It's effectively anti-competitive - as no one knows how to make aftermarket exhausts legal all riders can do is to fit the expensive original equipment instead of having a wide choice of imported or locally made parts, and local makers can't sell legal exhausts.

The Police are using a Random Breath Test station as a means of collecting motorcycles from the road for the EPA and the Police to issue fines. Riders are effectively arrested so the EPA can noise test their machines, and check for stickers causing delays for up to two hours on the roadside.

This enforcement regime has soured relations between Police and riders at a time when it was hoped riders and Police could work together towards real improvements in road safety. Other agencies of Government have been working with riders to improve safety and these actions initiated by EPA have destroyed several years of good work.

The law appears to be used primarily to raise money, it is not being used to target excessively noisy motorcycles, but to collect a "sticker tax". Bikes that are at or below the legal noise limit have been hit with the fine.

The EPA has even been issuing fines for failing to carry a sticker on the fuel tank which says "unleaded fuel only", despite the law requiring this label having been repealed when leaded fuel was phased out.

The Motorcycle Council of NSW has asked the NSW government to have the unreasonable law for exhaust labels overturned and the fines returned for both "offences".

And the Law itself is

Quote

  ~~~

The EPA law regarding after market exhausts is;
Clause 19 of Regulations drawn from the Protection of the Environment Act
19 Motor cycle noise control equipment to be labelled
(1)A person must not cause or permit a motor cycle to be used on a road or
road related area unless:
[A] in the case of a motor cycle fitted with noise control equipment
supplied by the motor cycle manufacturer (or equipment that is identical to
that equipment) the motor cycle complies with clause 39.2 (marking
requirements) and clause 39.3 (labelling requirements) of Australian Design
Rule 39/00 External Noise of Motor Cycles, or
[B] in any other case the noise control equipment fitted to the motorcycle
is clearly and indelibly marked with the following:
(i) the manufacturer's name,
(ii) the model of the motor cycle for which it is designed,
(iii) the noise rating information referred to in clause 39.3.1.4 of
Australian Design Rule 39/00 External Noise of Motor Cycles.

[manipulate]

good read
Thanx for that greg

u reckon itd work with your idea of just grabbing that plate/sticker off the original muffler ?

or are there special identity numbers on there that need to match

Ta
Mani

[Greg]

Thats an informal discussion I've been having with a few people from the NSWMCC (NSW Motor Cycle Council), these guys advise the RTA and gov and are made up of reps from every registered bike club in NSW. The concensus to date is that if you can get the bike tested for its DB reading with the aftermarket can fitted and it passes, have the can manufacturer send you a plate bearing their name, the make and model of the can and the make and model including year model of your bike and have it rivited to your can. The plate should be made up in the same manner as any existing plates on your can are. i'e if you have an existing stainless plate, use another stainless plate of same design/shape etc and same method of marking said plate be that stamped, computer engraved or printed.

Otherwise have an automotive engineer inspect the exhaust once tested if you cant get the can manufacturer to help. And get them to plate the exhaust as being complient to the epa's specifications and make certain that the plate list the can's make and model number and your bikes make/model and year.

This is the best they have been able to come up with as the EPA themselves have not yet released any guidelines for aftermarket echaust plates other than what they are using to defect bikes with. Also once this is done, remove the compliance sticker from the original exhaust which will be somewhere on your frame (under the seat for the across) and put it somewhere safe with your old exhaust should you ever want to re fit the factory can in the future.

Greg.

[bennyboy13]

and what happens if your like me Greg got a fukin loud one that stands out like a sore thumb and the company who made it no longer exist

[Greg]

read the 2nd paragraph of my last post, ohh hang on, here it is -----

Quote

Otherwise have an automotive engineer inspect the exhaust once tested if you cant get the can manufacturer to help. And get them to plate the exhaust as being complient to the epa's specifications and make certain that the plate list the can's make and model number and your bikes make/model and year.

[bennyboy13]

anyone got a decibel-meter? would like to test it first to see if it'll pass before i waste the money on mechanical engineers certificate

This post has been edited by bennyboy13: 05 January 2004 - 11:46 PM

[Greg]

I don't personaly, but I have a couple of mates in the sound industry who might. I'll ask about and see if I can find one.

[manipulate]

what if your in my position and dont know the what manufacterer made the can ???

i called up the previous owner and hes doenst know how it is either

Thanx
Mani

[Greg]

It should be stamped somewhere on it, give it a good clean and have another look.

[boz au]

Thanks for that Greg!

Same thing has been happenning in Victoria as well (netrider had a discussion on this issue 3 months ago as well - though no one ever made available the legislation / design rules that goes with it - which the link you provided did). Though I don't think the Victorian enforcement has been nearly as stringent or rude (??).

I assume that since the EPA is a national body they are enforcing these rules across the country now, but are likely to be using NSW as their main gineau pig . I was pulled over by police about 3 months ago and one of the things they asked was to show them where the compliance plate was (they used the guise that I was riding a 250cc and I am not on l's or p's, and they assumed that I would have been and were checking that, along with a breath test at 8:30 am on a Sunday).

Out of curiosity - any ideas on how does this effect people who have actually modified their stock exhausts (i.e. baffelectomy)? Still stock, still has original compliance label, but certainly has differenct characteristics. I am not in that situation, but I know some of the across owners on this site are. (Although the Across would still fall below the noise limits, so I would guess they could 'get away with it')

[Greg]

Mine has had the bafelectomy and looks similar to a lot of bigger bikes exhausts by keepeng the end holed drilled in a symetrical pattern. And unless I realy wring the throttle the noise aint an issue. I havent been pulled over on mine yet, but I doubt they would be able to tell the diff unless they had another Across to compare with.

[Greg]

From the BA forums, the stickers are now available but you will have to hunt about for them.

Quote

Instructions ... as contained in The Can Kit currently being sold by bike
shops (abridged - a summary)

To conform to the NSW Protection of the Environment Act 2000 Clause 19,

all NSW registered motorcycles must display a label 'identifying' the
current exhaust system.

The police are authorised by the EPA to issue $200 fines for non-compliance.

If the bike was built after 1 March 1988 and has the original exhaust system
fitted AND HAS THE STATIONARY NOISE TEST LABEL ON THE FRAME, then you
already comply.

To comply:
Have an exhaust centre perform a Motorcycle Stationary Noise Test, in
accordance with the Roadworthiness guidelines as published by the National
Road Transport Commission

bikes built before 1 March 1984 must be no louder than 100 dB(A)

bikes built after 1 March 1984 must be no louder than 94dB (A)

If your exhaust exceeds the limit, you must have it made quieter, eg by
packing...

Have 'a professional' engrave all fields on the label (the sticker has
make/model/pipe model/dB level@RPM fields to be completed). All letters must
be at least 3mm high and legible, then

the label must be affixed to one muffler and be 'readily visible'.

Crash Test Engineering 0411 548 968 does the test, they're in Alexandria. I
rang them today and they have been booked out until next week but it only
costs 'about $20' the guy said, so I'm going to do it.

Apparently, if you decide to fill the sticker out and put it on yourself,
you could still get a fine if the police reckon you're too loud. But if you
can prove you've had it properly tested and it's under (dunno how they do
that, maybe they give you a receipt or something ) then they can't.

Stock exhausts thus still may not qualify. But any aftermarket pipe
definitely needs to be checked in order to comply.

Very boring, but I may as well do it for $20 and have the peace of mind, I
suppose!

So there's not one but two things you need to comply with, no matter what
pipe you have:

1) have the sticker on it, correctly filled out
2) it must be under the legal noise level, which for most bikes will be 94dB

I have a ZX-6R with an Arrow pipe. Friends reckon its quiet but I'm not so
sure! Another guy with a ZX-9R reckoned mine is probably 'just over' the
level, so worst comes to worst I willonly have to pack it or something,
rather than change the whole pipe.



To unsubscribe from this group, send an email with subject "unsubscribe"
to: bikers_anon-unsubscribe@yahoogroups.com.au

[bennyboy13]

whoohoo

that's good news, thanks Greg...

[Greg]

These are the new plates, available from most bike shops and accesorie stores. And yes I can engrave them for you.

[bennyboy13]

you could easily fake them... wouldn't the cops be onto that? and just give you a ticket anyway...

wouldn't there have to be a serial number or somethin or a mechanics/inspection-station number

[Greg]

thats only if it gets as far as the actual RTA/EPA testing facilities. The road side guys have to go by ear and the law they are enforcing is the lack of these plates/stickers and not the actual noise restrictions themselves. 2 seperate laws and fines etc.

[bennyboy13]

so you buy them blank and have to find a tester?(engraver )... or the bike shops test ya bike and gives ya the label engraved? are they metal pop rivet type or that kinda metal plastic sticker type?

This post has been edited by bennyboy13: 02 April 2004 - 09:36 PM

[bennyboy13]

Edit: to save space(serious topic) bb13

This post has been edited by bennyboy13: 18 April 2004 - 08:05 PM

[Greg]

The labels are the stick on type. They have a high temp 3M adhesive on them that 3M says will be fine for this application. The shops just sell the plates, its up to you to have the testing and engraving done. Some people though are just coppying their factory mufflers dB and RPM details onto the tags with their bike model and make/model of the aftermarket exhaust

[bennyboy13]

got amcn mag today and they have this ad on a full page the link they state at the bottom of the pic doesn't work and when you go to the epa site they have nothin about it! but any way this is what they state... big pic so it is legible, sorry not good at scanning!

won't let me post the whole pic here's half...

[bennyboy13]

and the rest

[Greg]

Yes that is the legislation. The tags I have posted a pic of a few posts back are legally acceptable according to the EPA (Now DECS, Department of Environmental Conservation Services). And have been sucessfully defended in nsw courts by the MCCofNSW on behalf of several riders. The basic judgement was that so long as the plates were present and filled out corectly the roadside crews could not fine you.

[Greg]

Well if you can read it (yes its small, no theirs nothing I can do about it), then the sticker issue is dead as from March 1.




The following Email is from Chriss Turner, Chairperson for the Noise Comittee, MCCofNSW.

................................................................................
.............................

A couple of ppl have asked about the document on BA Yahoo groups front page.
It's a FAX from DEC (formally the EPA) stating that the law which police
have been using to issue $200 fines to motorcyclists with aftermarket
exhausts will soon be gone.

Here's the law which is being repealed thanks to some hard work by The
MCCofNSW.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~
PROTECTION OF THE ENVIRONMENT OPERATIONS (NOISE CONTROL) REGULATION 2000 -
REG 19

19 Motor cycle noise control equipment to be labelled

(1) A person must not cause or permit a motor cycle to be used on a road or
road related area unless:
(a) in the case of a motor cycle fitted with noise control equipment
supplied by the motor cycle manufacturer (or equipment that is identical to
that equipment) the motor cycle complies with clause 39.2 (marking
requirements) and clause 39.3 (labelling requirements) of Australian Design
Rule 39/00 External Noise of Motor Cycles , or
( in any other case the noise control equipment fitted to the motor cycle
is clearly and indelibly marked with the following:
(i) the manufacturer's name,
(ii) the model of the motor cycle for which it is designed,
(iii) the noise rating information referred to in clause 39.3.1.4 of
Australian Design Rule 39/00 External Noise of Motor Cycles .
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty
units in the case of an individual.
(2) In this clause, "Australian Design Rule 39/00 External Noise of Motor
Cycles "means the national standard published under that title, being a
standard determined under section 7 of the Motor Vehicle Standards Act 1989
of the Commonwealth, as in force on 1 September 2000.
Note: A copy of Australian Design Rule 39/00 External Noise of Motor Cycles
was published in the Gazette on 1 September 2000 and is available for
inspection at the offices of the EPA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~

Happy Riding,
ChR1sT
Chairman, MCCofNSW Noise Committee

[IllusiveDreams]

greg_across_96, on Mar 8 2006, 04:37 PM, said:

Well if you can read it (yes its small, no theirs nothing I can do about it), then the sticker issue is dead as from March 1.




The following Email is from Chriss Turner, Chairperson for the Noise Comittee, MCCofNSW.

................................................................................
.............................

A couple of ppl have asked about the document on BA Yahoo groups front page.
It's a FAX from DEC (formally the EPA) stating that the law which police
have been using to issue $200 fines to motorcyclists with aftermarket
exhausts will soon be gone.

Here's the law which is being repealed thanks to some hard work by The
MCCofNSW.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~
PROTECTION OF THE ENVIRONMENT OPERATIONS (NOISE CONTROL) REGULATION 2000 -
REG 19

19 Motor cycle noise control equipment to be labelled

(1) A person must not cause or permit a motor cycle to be used on a road or
road related area unless:
(a) in the case of a motor cycle fitted with noise control equipment
supplied by the motor cycle manufacturer (or equipment that is identical to
that equipment) the motor cycle complies with clause 39.2 (marking
requirements) and clause 39.3 (labelling requirements) of Australian Design
Rule 39/00 External Noise of Motor Cycles , or
( in any other case the noise control equipment fitted to the motor cycle
is clearly and indelibly marked with the following:
(i) the manufacturer's name,
(ii) the model of the motor cycle for which it is designed,
(iii) the noise rating information referred to in clause 39.3.1.4 of
Australian Design Rule 39/00 External Noise of Motor Cycles .
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty
units in the case of an individual.
(2) In this clause, "Australian Design Rule 39/00 External Noise of Motor
Cycles "means the national standard published under that title, being a
standard determined under section 7 of the Motor Vehicle Standards Act 1989
of the Commonwealth, as in force on 1 September 2000.
Note: A copy of Australian Design Rule 39/00 External Noise of Motor Cycles
was published in the Gazette on 1 September 2000 and is available for
inspection at the offices of the EPA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~

Happy Riding,
ChR1sT
Chairman, MCCofNSW Noise Committee

So the law is gone can we ride with no sticker?

[JamesLaugesen]

Haaaahahahaahahahahaha!!!!! That's awesome. Give my props to the MCC guys Greg! Very cool.

Now I can use 1st, 2nd and 3rd gear on public roads, mwuahaha .