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NSW NSW Muffler noise court case

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by shabby, Nov 17, 2004.

  1. From Guy Stanford, AMC mail list.

    I have just heard from Chris Turner, from the steps of Hornsby Courthouse.

    As Chairman of the Noise Committee for the Motorcycle Council of NSW, Chris has taken his enthusiasm for accuracy into the court to defend a fine he received for "inefficient silencer".

    He was pulled over by the Highway Patrol in St Ives and issued a fine for loud pipes, even though he had a "Can Kit". This was on the basis that the policeman proclaimed himself an expert on noise judgement and ignored the Can Kit.

    The Police prosecutor withdrew the case after Chris had cross-examined the policeman in the witness box. His line of questioning forced an admission that the policeman was not an "expert" and that to issue the fine required an actual noise test (Sec 160 of Roads and Traffic Regulations) and not just the "opinion" of the policeman on the spot.

    This is a win of significant proportions. It gets rid of the "hassling"

    A job very well done!

    The police response to this will be interesting.

    Virtually the only response open to them is to advise the EPA of the bike details, so the EPA can then issue a Notice to the owner to present the bike for testing at Lidcombe.
    Unless the Police then decide to "discover" some other little known Regulation with which to hassle riders.
    The lack of a "Can Kit" type label on an aftermarket pipe will, under the retrospective law of Clause 19 of Regs from Protection of the Environment, still attract a $200 fine. Work continues on repealing Clause 19.
    But, without a roadside measurement, the fine for "cause to operate a vehicle with inefficient silencer" is of no value and may be safely fought.
    (the only roadside noise tests are done by EPA, so that is different game anyway and you are dead in the water if rounded up there, no matter what the Can Kit says)

    In summary,
    The motorcycle met the requirements of Clause 19.
    The Police issued a fine and Defect Notice for noisy exhausts anyway.
    The fine issued by the Police has no basis unless the bike was tested in accordance with the Stationary Noise Test requirements.

    There is little doubt that the Police were going to issue some sort of fine to Chris, just because he was a rider. The other circumstances indicate this.
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