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[NSW] ADR39 is your exhaust illegal

Discussion in 'Politics, Laws, Government & Insurance' started by drewzor, May 8, 2008.

  1. Hey, I'm so close to having a custom exhaust made and imported until
    someone said "Ay yeah they fine you if its not the orginal"

    mmm This can't be true, so I looked into it.
    The RTA technical support explained that there are emission rules
    (later I learned its more about noise emission)
    So he emailed a copy of the ADR39, skipping the bullsht here is what it specifies.

    39.2.1 The ‘Silencing System Components’ shall be
    marked with: the trade name or mark of the manufacturer of
    the ‘Silencing System’ and of its components; and the trade description given by the manufacturer.
    39.2.2 Such markings shall be clearly legible and be
    39.3.1 The ‘Motor Cycle’ shall carry information in
    accordance with the following requirements: the information shall be embossed or etched in a
    readily visible position or carried on a label of plastic or
    metal which is welded, riveted or otherwise permanently
    attached in a similarly visible position; the information shall be affixed so that it cannot
    be removed without being destroyed or defaced; the information shall be in the English language
    in block letters and numerals which shall be of a colour
    contrasting with their background and which shall be not
    less than 3 mm in height; and the information shall comprise the heading
    statement containing the recorded stationary sound
    level value and the 50 per cent ‘ESMP’ value in the
    following format:
    Tested ...... dB(A) at ...... r/min
    Silencing System: (manufacturer)
    Identification: (trade description).
    39.4.1 With every ‘Motor Cycle’ the ‘Manufacturer’
    shall include the following notice in the owner’s manual
    SYSTEM PROHIBITEDâ€ The fitment in the ‘Silencing System’ of
    removable objects such as orifice plates and restrictors
    is disallowed.
    Category of ‘Motor Cycle’
    Engine Cylinder Capacity (ECC) (in millilitres)
    Values expressed in dB(A)
    First category ECC < 80 77DB
    Second category 80 <ECC < 175 80DB
    Third category ECC > 175 82DB
    TABLE 2
    Category of ‘Motor Cycle’ Engine Cylinder Capacity
    Values expressed in dB(A)

    It Goes on to explain how the test is performed and calibrated, thats the reference to ESPM.. blah blah

    My question is where can I take my completly custom exhaust to be ADR39 Approved?
    How much to the cops fine for not having the ADR39 required labeling?
    And can someone post a picture of their ADR39 Label?
  2. Keep your standard exhaust and deal with it when you get canaried.
  3. Yup my exhaust is illegal. But its not annoyingly loud to anyone and I keep it quiet at night, can't ask for more than that. And if they do, fk em.
  4. Wow, another rule for your life :roll:
    who gives a shit. Just keep your std. exhaust handy and slip it on if you are asked to get it checked.
    Secondly, the first time you get it done, keep the slip and produce it road side the next time pogo pulls you up.
  5. I believe it to be a costly exercise to get a custom exhaust ADR/EPA approved.

    I think you have to take it (the bike) to a special lab and they run a series of tests etc.

    Costs a couple of grand AFAIK.
  6. Well not quite. I found out about all this stuff when inquiring about importing a bike.

    You need an ADR compliance plate when you're bringing the bike in. You need to meet the ADR specs at that time which means having the standard exhaust.

    For modding a bike that's already complying you have to follow the mod rules of the RTA:


    So there are still rules but you can swap in another exhaust.
  7. You'd hope so. I'd be arguing that to make non-OEM exhaust systems, or any component for that matter, would contravene the federal trade practices act, by forcing your to purchase goods and services from a single supplier. ie, restraint of trade.

    In any case, do cars, for example need to have label on their exhausts? All they are required is to be under the dba limit, right? And then so should bikes.

    If the thing's quiet and doesn't attract the attention of roving EPA officers or police then it shouldn't be an issue.
  8. I've done some research and the Tiger 1050's OEM 'not for road use' accessory muffler would be illegal but has a specific exemption under the law because the sound alone makes women weak at the knees, and men excuse themselves to the bathroom.
  9. Also remember that there is a different level for USED motorcycles, and as soon as you ride it out the door, it is now used.
  10. Since when?
  11. As far as I know, it was just NSW that had the ridiculous requirement to affix a sticker to aftermarket exhausts and would fine you if you didn't have one. And for what it's worth, this law was repealed back in 2006 and is no longer valid.
  12. Um its called the ADR (Australian Design Rule) not NSWDR. Though it sounds like something nsw would enforce while others wouldn't care.
    This information was sent to me today making the requirement relivent
    and enforcable in 2008.
    I will be contacting NSW police for infomation on fines and such for not meeting the standards.
    Essentially I think if its not loud <80DB no one would care but I have heard others say they have been fined for not having a ADR approved exhausts.

    Mine will be very obvious that its not standard and will be easily noticed but I dont want some cop thinking he is detective sipowicz (NYPD blue) on
    a custom exhaust Bust, just because it doesn't have an ADR Badge or Brand logo!
  13. The ADR is applicable to new motorcycles, not what you do to them afterwards. Once your bike has left the showroom, noise regulations when applied to your bike becomes a matter for state regulations, not the ADR per se.

    The sticker scenario you were talking about for modded pipes was a NSW EPA requirement that was repealed in 2006.

    Read your own quote, it even states it is for new motorbikes :roll:
  14. Just to clarify, you do NOT need a sticker on custom pipes. To be pinged for noise pollution you will have to be tested. You will NOT be fined for not having this sticker.

    Here is the document stating that the stupid sticker requirement was repealed:



    FWIW - until it was repealed, it was a lovely revenue raiser for the NSW government. Instant $200 fine for not having a sticker, regardless of whether you complied with the noise requirements.
  15. Formerley known as the NSW sticker tax. Now repealed
  16. I'm in Vic, and have one of the world's loudest pipes on a 4 stroke 250. I wear quality ear plugs wherever I ride and still have to mop the dribbles of blood from my ears after riding.

    Its very good :twisted:

    Got booked the other week and the nice officer said "I could hear you miles before I saw you". I was very proud.

    In all seriousness I do actually baby it around the neighbourhood in trying to keep it down on my neighbours' ears. But basically, until the bike needs to be tested for compliance, the after-market pipe remains. Makes me all warm and fuzzy inside :)

    Summary: get the pipe. Life goes on.
  17. cost of fine?
  18. From Hubie's response in Ask Police:

    [The pipe you're considering may] make the bike unroadworthy. You could potentially receive a canary plus a fine of around $182 for using a vehicle that fails to comply with rego standards (but would cost you no license points). Your bike would also be sent to the EPA and you may be required to get a roadworthy.
  19. Do they have to test the exhaust before they fine you? Or can they just pull you up, tell you they think its too loud and fine you?