The MCC posted this recently. Thought that it is a good read for all of us noisy Ducati owners. [thumbsup]
Up until recently, riders have not been fined for noise infringements, possibly to avoid the infringement being contested in Court. However there are now some instances coming to our attention where Infringement Notices and fines are being issued.
For example, Ron (let's call him) was riding his Ducati when flagged over by Police set up on the roadside. They told him his non-standard exhausts were illegal and issued him an Infringement Notice and wrote “exhaust†on the plain part of the Notice (Code 81633 - $106). When handing him his ticket, the policeman has told him he can expect a Notice from the EPA in about 6 weeks, to take his bike for testing.
There are a number of issues here:
(1) The bike was not tested for noise output;
(2) The Police are alleging his non-original exhausts are automatically illegal;
(3) If Ron simply pays the fine, he's telling NSW he's guilty to the charge;
(4) Once the conviction is recorded, the EPA legislation clicks in and he's listed for a First Offence (the price then goes up for any subsequent offence);
(5) Offences listed by Police are automatically forwarded to the EPA who then issue a Notice to the offender to bring their vehicle for testing.
Thus, both Ron and the vehicle can be subject to separate enforcement action. The EPA can cancel his registration if the alleged defect is not repaired. BUT, he was NOT issued with a Defect Notice. That's rarely used for exhausts or other EPA “environmental†offences. (Defect Notices do not generate revenue).
He has 21 days, or 3 weeks to deal with the fine. Then, assuming he's paid it, the EPA admin cranks into action and he, as the owner of the offending vehicle, gets a Notice to attend with his bike about two to three weeks later. Hence the officer's story that he will get a Notice in “about 6 weeks' timeâ€
This is a very general Offence Code that can be applied to ANY alleged breach of any of the items in Schedule 2 to the NSW Road Transport (Vehicle Registration) Regulation 2007, plus other specific items detailed in the body of the Regulation i.e. the Police simply claim your vehicle doesn't comply. This is the same offence used for blinkers, rear mudguards, etc, your imagination is the only limit.
The temptation is to just pay the $106 fine and move on. however, what is important is to contest the allegation and dispose of it as quickly as possible.
Our man Ron had Staintunes fitted, not original Ducati items. We know that Staintunes issue exhausts that comply. We also know the Police issued the fine on the basis that a non-standard exhaust was automatically illegal.
If it happens to you here is a suggested path to follow:
(1) Immediately identify the local noise test facility (http://www.epa.nsw.gov.au/noise/NTATIS.htm (http://www.epa.nsw.gov.au/noise/NTATIS.htm) );
(2) Book in for a test and have it happen in the next few days;
(3) Obtain a Certificate showing compliance;
(4) Write to the SDRO, setting out the following:-
a. Please withdraw Infringement Notice No:xxxxxx
b. It is without merit
c. See attached Certificate of compliance (copy only)
d. Should it not be withdrawn, I will contest this in court
By using a noise test facility that is registered with the EPA, the process is short-circuited.
Hope this helps. As always, let us know if you have any comments. Safe Riding!
Ouch! Sounds painful. I got pulled over for a RBT and the cooper commented on my "noisy" bike and suggested I get a noise test done and that if he saw me again he would book me, so it was in my best interests to do it first. That was ages ago and I haven't seen him since. I did source a set of baffles for the Termi's my bike came with, mainly as I like my neighbours. To be honest, I think the clutch is louder than the exhaust anyway! Thanks for the advice.
Thats really useful to know, if I was in that situation I would probably have just paid the fine. But in the example given they assume that your bike passes the noise test, what to do if it doesn't ?
Quote from: rendang on July 21, 2015, 11:32:49 AM
Thats really useful to know, if I was in that situation I would probably have just paid the fine. But in the example given they assume that your bike passes the noise test, what to do if it doesn't ?
Rendang, you are the last person who should comment about exhausts [roll] [roll] [roll] [roll]
Brian W [coffee] p.s. reason posted below
https://youtu.be/DXmV-3k71FI
I don't need to worry about this as ........Rob , you sold me the bike so it must be legal and within the boundaries
of legal noise emissions ;D
Anyone who has ridden behind my bike can contest to how quiet it is. [roll]
Should I send the EPA to talk to you in case of such an event [laugh]
theres a petition getting around at the moment concerning loud exhausts
https://www.change.org/p/the-hon-warren-truss-mp-help-save-the-lives-of-motorcyclists-change-australian-design-rule-83-00 (https://www.change.org/p/the-hon-warren-truss-mp-help-save-the-lives-of-motorcyclists-change-australian-design-rule-83-00)
I dont seriously think that it will get any action but I do think that loud bikes (clutches and exhaust! :) ) get the attention of sleeping car drivers.
Saved my life at least once for sure. Old lady started pulling out never looked, I downshifted she jerked her head around as she stopped halfway into road and I had enough room to squeeze by with emergency manuever. It wasnt bright vest that saved my life it was an exhaust loud enough for her to hear, suffice to say a tiny moto horn would have been useless too.
QuoteQuote from: Brian W on July 22, 2015, 02:17:21 AM
Rendang, you are the last person who should comment about exhausts [roll] [roll] [roll] [roll]
Brian W [coffee] p.s. reason posted below
https://youtu.be/DXmV-3k71FI
Hey Brian, thanks for posting that again I really do enjoy watching it [laugh] [laugh] [laugh]
Its contributions like that which have made Oz monsters what it is today ! Keep up the good work mate !
Quote from: rendang on July 23, 2015, 02:56:31 AM
Hey Brian, thanks for posting that again I really do enjoy watching it [laugh] [laugh] [laugh]
Its contributions like that which have made Oz monsters what it is today ! Keep up the good work mate !
Ha ha ! at least we can have a laugh Steve ! And it was a good weekend A group of MV's being lead by a Monster, very apt i say [thumbsup]
Quote from: Two dogs on July 22, 2015, 03:45:17 AM
I don't need to worry about this as ........Rob , you sold me the bike so it must be legal and within the boundaries
of legal noise emissions ;D
Anyone who has ridden behind my bike can contest to how quiet it is. [roll]
Should I send the EPA to talk to you in case of such an event [laugh]
;D ;D ;D ;D ;D
You better get on that petition site Des! [clap]
Signed
Ah this is one of the benefits of living in a country town called Adelaide [laugh]. I remember when I took my Monster through identity inspection the inspector "advising" me that my straight through Termis on mine maybe be above the allowable noise limit - which is kinda funny considering the bike he inspected before mine was a 900 Supersport with Staintunes and a bald (as in centre part smooth by about and inch either side) rear tire. Haven't been looked at twice since - touch wood. I reckon my dry clutch is noisier than the exhaust - that is what most comments I get are about i.e. what is wrong with your bike? what is that rattling noise?
I've always owned loud Ducatis, my Pantahs ran Verlicchi 2 into 1 - super loud.
Loud pipes save lives.
Oh if I ever do get a noise notice, I will just put the cow udder back on, slightly "packed".
I always believe that the Japanese makes with an aftermarket system are louder than a Ducati right through the rev range - just my opinion.
Quote from: Mr.S2R on July 24, 2015, 06:12:02 PM
I always believe that the Japanese makes with an aftermarket system are louder than a Ducati right through the rev range - just my opinion.
... and, as I recall a certain OzMo declaring quite loudly as at a popular bike stop many years ago, ... 'they still sound like shit'
Signed.
Likewise!
Signed with spiel.
Scoobs!