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EPA compliance notices (pipedown)

Discussion in 'Politics, Laws, Government & Insurance' started by Nin, Jul 16, 2010.

  1. Hi

    I am interested in hearing from other bikers who have been issues with an EPA compliance notice for noise testing. From the months leading up to during the Pipe Down operation to current, who meet the following criteria.

    Have provided EPA with the compliance certificate from an authorised testing agency, and have had to resubmit the certificate a second time.

    If so, please contact me at prospero1@live.com.au

  2. ahhh...why? I'm hesitant to stick my neck out.

    Did they not have a record of your first submission either?
  3. Do you mean re-submit the same certificate, or submit a certificate from a second test?

    If it's the latter, sounds like double jeopardy to me. Not to mention harassment.

    (Of course we can guess why they might want to do this...:roll:)
  4. Double jeopardy relates to being retried for the same offence: http://www.nswccl.org.au/unswccl/issues/double jeopardy.php#rights

    Without going to trial it wouldn't fit the crietria.

    JDK has proven on this site that in the case of loud pipes, one can swap them over for the test and then put the noisy ones on again after passing. This would mean it was a new offence each time. In the case of the OP in this thread, we don't know the situation yet.

    Finally; Is having loud pipes a crime?
  5. OK, understand that would only apply in the case of trial. My point being that it might be said to be like the concept of double jeopardy in that EPA might be making a second attempt to get the result they want.

    That is exactly what I was thinking.

    I should get out of the way and let people respond to OP's question.
  6. Purpose?
    Who are you?
    Who do you represent?
    I just find it strange a random person asks us intimate details of stuff to be sent to a hotmail address, we need more information about your intentions.
  7. Class action?
  8. To be fair to Nin, he or she (possibly a she going by her profile comments) has been a registered Netrider member for a few years, but not that much posting activity.

    Still, it would be nice to know what this is about.

    Speaking of EPA noise notices Mouth reckoned that the cops would be pinging riders on the protest ride. If so, has anyone received any notices, yet?

    And more importantly, were they legit? ie. were the exhausts noisy?
  9. If this is about the story I heard recently then this is completely legit, it will pay to keep an open mind until Nin comes back and provides some clarification.

    At the risk of straying off topic I'll give a quick version of what I heard happened to one particular rider.

    This person was sent an infringement notice and presented the bike for testing. The bike passed the test without any changes being made to the bike. The rider sent through the results to the EPA to have the bike cleared so they could back about their business.

    I'm led to believe a phonecall was put through to confirm the receipt of the results. However the EPA for whatever reason didn't notify Vicroads to have the vehicle cleared. The rider was then subsequently picked up for riding a motorcycle that was unroadworthy (and had it's registration suspended). I believe because of the circumstances surrounding the intercept the matter was brought to the rider's attention but no further action was taken.

    Upon getting in touch with the EPA, the rider was then told the results of the test were not received and would need to be resubmitted.

    I could be wrong, but Nin's story sounds similar.

    I too would be interested to hear from other riders with any similar stories. I would be very interested to hear from riders who had to have the their bikes tested even though they were within regulations.

  10. Background:

    I presented original certificate.
    I received notice I have not provided.
    I sent a letter of objection heard nothing in 4 weeks (must comply-policy)
    I forwarded copy of objection to Minister.
    EPA have denyed to Minister and Ombudsman's office of never receiving any documentation.

    My bike has suspended registration!

    Now there is a Motorcycle body who I'm conversing with, as I have evidence for every little step.

    There is a very high level member of Parliment that will take up my case next week should EPA not rectify their adminsitrative error.

    Moving forward:
    So no need to pick like children and fire a million pointless questions post pointless weblinks because your standard of communication level is to second guess. Those who know me, know my high level of integrety, and i'll watch anyones back if they are right.

    So I am personally aware of other riders who have also been told they never submitted a certificate of compliance when they have.

    I'm seeking compensation for myself during this time, I am testing there administrative measures and processes, and likely will take my situation to media alone.

    And no, I am not asking for anyone to protest or partition or standup in public, or jump on my bandwagon. I am interested in getting a general idea at this stage.

    Enjoy your ride have a great weekend.
  11. #11 akaluke, Jul 17, 2010
    Last edited by a moderator: Oct 24, 2015
    Similar story here. Submitted compliancy certificate via fax. Confirmed receipt of certificate on phone. Got letter I hadn't submitted compliancy certificate. Resubmitted original certificate and reconfirmed on phone. All ok. Eventually.
  12. Since I was the only person that posted a link in this thread, I can safely assume it was directed at me. If you read my post you will see that I was responding to another post and tried to bring it back on line with this - "In the case of the OP in this thread, we don't know the situation yet. " Which I believe it did if you read the reply. Like any thread discussing legal points, things will get off line unless a good level of information is given in the op. The full story regarding this came in the second post. I was not questioning your integrity.

    As far as your second post goes I noted this - "Now there is a Motorcycle body who I'm conversing with, as I have evidence for every little step."

    Unless you have sent the letter by registered post or similar, I don't see how you would have evidence that they had received your letter. Which would allow them to deny having received it. This would be an issue, unless something has been left out.
  13. Similar - but if this is my story your hearing, there is a lot more noise I am about to make, as I knew they were going to proceed.

    Working in Gov they have failed basic administrative responsibilities, I have evidence, and lets put it this guy's - data transmittion is 100% accurate, voice transmaittion is 95% accurate, discuss this with IT. I will take this onboard to better the right for all riders.

    Funny EPA this week Thursday have admitted to recieving my objection letter, so I cannot wait to see what outcome happens this week.

    I had not thought of a class action and a few have mentioned it, one step at a time guys. Thank you for your interest on the topic.

    I'm off to the HOG shop to update a fellow riders. have a great day.

  14. Great, well good luck and have fun, please let us know any outcomes as it's a topic that effects all of us.


    Excellent :)

    A couple of us were discussing at length the absurd situation of the EPA's powers regarding forcing riders to submit to testing in regards to bikes that were within limits. The topic you have raised here came up in regards to the EPA's administration of their powers. We'll be watching with interest. ;)

  15. To many questions, and just getting in before everyone likes to have a go, as they can easily get excited on this forum.

    I just would like simple communication for now. I do have the evidence of my efforts to comply with the law.

    So I'm not having a go at you, but now everyone has the background info there will be no second guessing the situation. Sorry I'm in a rush and can see how it came across.
  16. I have always said and will continue to advise that when sending any correspondance to a government body to ensure you send it registered mail and one step further is to take the confirmation of delivery option

    Total cost what $4 or something

    saves many a headache
  17. I have the evidence, so why repeat yourself, please dont comment like this, I'm not here to banter.
  18. Moto's comments were a general statement not directed at anyone in particular and it's very good advice.
  19. Thank you Smee
  20. Simmer down you two, you're both on the same side. If you have a look at the time stamp you both posted at the same time.

    Motolegion, Nin wants you to take it as given that she has all of the evidence required to make a solid case, there's no reason to question that. You're forgetting faxes which have a built in receipt notification and time stamp.


    [EDIT] oh god, let's get it back on topic eh?