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Breaching the legal noise limit [NSW]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by wozza, Nov 16, 2009.

  1. Hi all,

    Received a letter today from the Department of Environment, Climate Change and Water about a complaint they got from "a member of the public" saying my bike was excessively noisy.

    I bought my bike from Trevor Jordan in Wollongong which was fitted with a Staintune exhaust pipe (just the slip on i think). It doesn't have a silencer in it and I know next to nothing about prescribed noise limits etc.

    My bike is a 99' Suzuki SV650s and from what I can see, does not have a noise compliance sticker or anything on it. Although from what I've read, if it passes rego surely its legal?

    Any advice?

  2. So what are they threatening to do to you?
  3. nothing of yet. "Please note if the DECCW receives another report that your vehicle is emitting excessive noise, you may be issued with a vehicle inspection notice" etc etc and then goes on about possible fines.

    Its not that im too worried, its more that I want to know if it is illegal or not
  4. ask the manufacturer


    find out who reported you and report his car, his wife's car and his son's and daughter's cars, and show them that more than one person can play that game.
  5. Then get a friend to report them as well :eek:
  6. I was under the impression that they could remain anon. Until you challenge them in court.

    The kinds of people who do this kind of thing are almost always a) old b) jealous or c) stuck in a loveless marriage.
  7. Haha, I like the revenge options coming out here :p. I'm going to take the bike and get a noise test tomorrow just to be sure. If its ok, you can bet i'll start the bike up at 5am shortly :p
  8. If it fails, Staintune pipes are sold to comply with noise regs as long as it has the baffle in place. It's just a tube that fits in the end of the pipe. If yours doesn't have them, highly likely you'll fail the test.

    I had a Staintune on my old Bandit and the difference in noise levels with and without baffles was quite significant.

    Bloke at work has an SV1000 that has Staintunes. Sometimes it has baffles, sometime it doesn't. Must ask why - wouldn't be surprised if he periodically has to have it tested just as you are about to.
  9. Yeah, Staintunes (with baffle) are legal and used to have "The STicker" on them.
  10. Assuming you DO want to know where you stand, the fact that you have been issued with an official notice as to a complaint should tell you. If you wish to maintain a good relationship with your fellow road-users (or pehaps a shift-working neighbour???) then get into contact with the guy you bought it from and see if he still has the baffle, or get in touch with Staintune and buy one and have it fitted.
  11. I had to put the baffles into the Aprilia to pass the RWC I got for the transfer of registration. What a right PITA that was! I distinctly got the impress that the Akra baffles are meant to be installed or removed just the once. I might have used a few :censored: words when removing the damn things!
  12. Hornet, I bought the bike off Trevor Jordan Motorcycles (dealership) and it did not have a silencer in it. I have no modified the bike at all since buying it.

    I imagine it was a neighbour who has nothing better to do than complain ( i live in a townhouse )

    So I've been reading NSW legislation and according to Protection of the Environment Operations (Noise Control) Regulation 2008, it is illegal to sell a bike that does not meet the noise test.

    "Section 136 of the Act creates an offence of selling any article of a class prescribed by the regulations if, when in use or operation, the article emits noise in excess of a prescribed level.
    A person who is guilty of an offence under section 136 of the Act is liable, on conviction:

    (a) in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or
    (b) in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues (Section 141 of the Act)."

    The article of class is "For the purposes of section 136 of the Act:
    (a) motor vehicles, other than special purpose motor vehicles, are a prescribed class of articles, and
    (b) the prescribed level for a motor vehicle of a particular type that is certified to ADR 83/00 is:
    (i) if the compliance plate date of the vehicle is on or before the date that is 2 years after the commencement of this Regulation—the noise level established by ADR 83/00 for a motor vehicle of that type when stationary plus 5 dB(A) or the noise level specified in Schedule 1 for a motor vehicle of that type, whichever is the greater, and
    (ii) in any other case—the noise level established by ADR 83/00 for a motor vehicle of that type when stationary plus 5 dB(A), and
    (c) the prescribed level for a motor vehicle of a particular type that is not certified to ADR 83/00 is the noise level specified in Schedule 1 for a motor vehicle of that type."

    So assuming all that is correct, Where do I stand in relation to Trevor Jordan selling me a bike that does not meet noise level requirements?
  13. You'd have to prove that the bike has not been modified since it was sold. Seeing as Staintune pipes are sold as road legal (with removable baffles) that might be a tough ask.

    Could you call the dealership, explain your predicament and seek a solution that works for everyone? Perhaps they can front you the cost of replacement baffles?

    I've got the baffles from my Akra's for exactly this reason. I know my bike is just the wrong side of the noise limit, but should I recieve a notice I'll promptly refit them and get it tested. But the muted muffle that comes from a baffled bike is too high a price to pay for day to day riding so I take my chances.

    On the neighbour part, I can understand both sides. I have a neighbour here who warms his SV1000 up early (like really early) before he goes to work. It's not an offensive noise and he doesn't rev it, but it's loud enough to wake me and that can prove a problem when I really don't want to get up at the time he goes to work. If your neighbour isn't a bike fan, they might find the noise from your bike enough of an irritation to report you. But what happened to the gentle word in someone's ear though? I am sure if they asked you first they more than likely get a positive response.
  14. Completely agree. Had a neighbour asked me about the noise, I would of course, seek a solution. Now i'm just pissed off. On top of that, I never start the bike before 7:30am and when i come home i always kill the engine as soon as possible and ride the clutch all the way down my driveway so to reduce noise.

    I think I will drop into the dealership tomorrow and have a polite word with the guy who sold me the bike in hopes of reaching an arrangement. If not, I'm not sure where I will turn to, perhaps the ombudsmen?

    Just as an off question from that, how much approx would a silencer cost ?
  15. Do you mean a baffle? Assuming that Staintune can supply them, I can't see them costing too much, I'd imagine in the tens rather than the hundreds.
  16. Yeah i mean whatever has to be done to fix it lol
  17. Thanks mate :) Trevor Jordan is a dealer for Staintune anyway so while i'm there i'll get all the details from them.

    Shame I didn't know it was too loud when i bought it
  18. A couple of points that I don't understand fully. 1. After market pipes, in order to be ADR compliant or road legal are supposed to have unremovable baffles. If people are saying that Staintune now makes legal pipes that don't have welded in baffles, then when was the law changed?

    2. I also fail to understand why people buy bikes that don't come with the standard pipes. In cases such as this, if a complaint is made and the vehicle has to be presented for inspection, it'd be a simple matter of putting the original pipes back on and getting it inspected.

  19. the RTA has noise checking stations at some of its outlets. If you think its less than the limit then take it to one of them. You could try and get an acoustic engineer to check it beforehand if you're not sure.

    the department of transport lists the ADR checked levels for the Suzuki SV650S as 88dBA at 4500rpm

    noise label reference nuber: 68328-17G90
    silencer manufacturer: SUZUKI/17G6
    compliance plate location: ON THE LEFT SIDE OF THE FRAME TANK RAIL

    noise levels for exhausts are measured at 45degrees to the side from the rear of the pipe, at the same height as the pipe opening.

    I have a mate with an SV650S with a staintune recently installed. It is definitely louder than the original. I could measure his and let you know if you have problems? let me know.