(NSW) EPA restrictions gone

[ty]

From the BikersAnon list:

The NSW Department of Environment and Conservation (DEC - formerly known at the EPA) have advised the Infringement Processing Bureau (IPB) and NSW Police that as of the 2nd March, 2005 Clause 19 (2) of the Protection of the Environment Operations (Noise Control) Regulation 2000 has been `disallowed'.

Clause 19 (2) relates to the labelling of motorcycle noise control equipment under ADR 39.

In effect, any infringements issued by police on or after the 2nd March, 2005 will be `no actioned' by the IPB and the following offences have been removed from the P23D Fixed Penalty Handbook:

11458 MJP Cause/permit use of motorcycle not compliant with ADR 83/00
11459 MJQ Cause/permit use of motorcycle with unmarked noise control (manufactured after 1/1/2005)
11462 MJT Cause/permit use of motorcycle not compliant with ADR 83/00 (CORPORATION OFFENCE)
11463 MJU Cause/permit use of motorcycle with unmarked noise control (manufactured after 1/1/2005) (CORPORATION OFFENCE)

Related offence codes of 11456, 11457, 11460 and 11461 remain available for use at this stage but are under review.

Police should also consider the use of `Vehicle Standards' offences under Clause 57 (1)(a) or (b) in Schedule 4 of the Road Transport (Vehicle Registration) Regulation 1998.

ty

[Wattie]

can someone translate this mumbo to my language?? pleeeaaase??

[Felix]

I think it means they can't fine you anymore simply because your bike/exhaust doesn't have a sticker saying it is compliant - whether the exhaust is compliant or not. The so called "Sticker Tax".

[Ja-Mez]

people please be aware that unless the popo, epa or MC Council of NSw put out an official statement i wouldnt try to argue it. This has got to be one of the most oblivious attacks on riders possible. why can cars haze bazooka canons, 2 sometimes and never get pulled up. but a nice looking, performance pipe and were gone BS in my opinion and to the popo who enforce it. SHAME ON YOU!
When i finish my studies i vow never to give a ticket for bs infringements like this one!

[ZX10R King]

But does it mean the motorcycle has to be manufactured after 1/1/2005? or the exhaust?

[mick_dundee]

I've just sent an email to Guy Stanford who is head of NSWMCC asking for an update on it, know they have been fighting this for 2 years plus now.

[Gosling1]

Will be interesting to see what he has to say.

If it is indeed just the 'Sticker Tax', then that is at least a start.

The 'Vehicle Standards' reference is for noise-testing at roadside afaik.

Will await updates on this with much interest.

[mick_dundee]

They have had a series of victories, sounds like this might be a major one. Problem with the sticker tax law as it stands is there are bikes that are stock off the floor that will get you fined, thereforre, not fit for the purpose they are intended for.

Fine in every other state, just not in NSW, is f'd up for sure.

[mike-s]

Ok, clarification, what's happened is a "friend" of mine who works for NSW police has forwarded myself & another friend emails from high up within nsw police command. Basically in my non policeglish head stating that these laws aren't to be followed up and any infringement made after march 1st '05 was invalid, there was also another email regarding the pre 1988 motorbikes, but as my brain was rather fried from work, i didnt pay a whole heap of attention to it.

I'll try and get hold of them sometime for anyone interested (i'll pm them), just i cant promise anytime soon as my home pc had just been wiped (naturally the data is backed up though!)

[mick_dundee]

Update from Guy Standford below, will keep you informed of any future developments I get from Guy.

EPA have not officially informed us of this.

We know that the Police backed off, but we had also had several cases in court, with no convictions and at an enormous waste of time to the EPA and Police. We were unaware of this notice.

It seems we have been effective, but it would be nice to know this. Community consultation and communication go a long way.
I'll serve this back to our upper House pollies.

Guy

[Jonno]

We need this "Guy" up here to sort out our state shite, he good!

[mick_dundee]

Queensland has an MRA, more people that join them and assist in the cause means the more active the MRA gets and that's better for riding. Everyone wants the outcomes of things like footpath parking, wrb's removed or protected, someone to fight the $50 levy we Vic's have etc but noone wants to do the fighting itself.

Now this might surprise a few people, but if you bend over long enough, rest assured big Government will gladly come and stick it's dick as far as you can take it....

If all the general motorcycling population do is kick back and moan about woe is me etc then it's just going to get worse... sorry.

[ty]

Further response from Guy Stanford, posted on BikersAnon:

From: Guy Stanford [mailto:sstanfor@bigpond.net.au]
Sent: Wednesday, 4 January 2006 2:56 PM

yep, it's true.

This is as a result of lobbying by MCC of NSW.

There are still some steps to complete with respect to ADR 39/00, but the
essential problem of ADR 83/00 non-compliance with existing Regs is put on
hold by this action.

Basically, it means that if you have a new ZX-10 or R1 or Harley, the
Stationary Noise rating may be above 94dB(A), yet the current State
in-service Regulations do not allow for this, despite the new bikes coming
in under a new ADR that allows it.
i.e. it clears away a legislative failure that has been used unfairly
against some riders.

However, this is only part of the problem and there is work still to do.

At this stage it's a small victory, but it really shows that the MCC Noise
Committee are, have been, and continue on the correct path. MCC will
continue grinding away at them until the problems are resolved. Mind you,
look at the time lag before advising Police. There are some riders who would
have been confused and just paid the fine. I view this as unethical. DEC
also failed to advise MCC of this, a matter that will be taken up in
Parliament when it resumes.

There is yet no change for ADR 39/00 bikes and the Clause 19 Regulation
continues for them, requiring labels on aftermarket pipes. The Regulation
still remains ambiguous for pre 1/1/05 bikes compliant with ADR 83/00.

The in-service noise regulations continue to be more stringent than the
original ADR, meaning it is almost impossible to pass the roadside noise
test, even with a brand new bike. This is now a National issue and causing
all sorts of grief with the environmental bunny huggers who are incapable of
comprehending that the two different tests measure two different things.
Eventually, they will understand, but at this stage they appear to be either
stupid or emotional fundamentalists.

EPA has made a right awful mess of this.

Kind regards,
Guy

So looks like we still need our stickers on aftermarket pipes, but stock pipes are ok.
At least that's how I read it at the moment
ty