Theoretical problem

[Zedn]

I was talking to a guy today (in NSW) who has a 2004 ford falcon v8. He has made some mods ecu, injectors, cams, and exhaust. Currently he claims it is producing 320kw.

He was pulled over by a mobile testing station and fined for being over the allowable noise level and also outside the emmisions requirements. He was fined close to $5000!

Makes me question installing live side pipes!

[Rob. Smith]

Originally Posted by Zedn

I was talking to a guy today (in NSW) who has a 2004 ford falcon v8. He has made some mods ecu, injectors, cams, and exhaust. Currently he claims it is producing 320kw.

He was pulled over by a mobile testing station and fined for being over the allowable noise level and also outside the emmisions requirements. He was fined close to $5000!

Makes me question installing live side pipes!

What else did he do ? the fine for noise is $253.00

Road Rules 2008
Current version for 11 September 2009 to date (accessed 2 February 2010 at 20:18)
Part 18Division 1Rule 291
<< page >>
291 Making unnecessary noise or smoke

A person must not start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.
Maximum penalty: 20 penalty units.

Example. Causing the wheels of the driver’s vehicle to lose traction and spin on the road surface may make unnecessary noise or smoke.
Note. Other laws of this jurisdiction also deal with vehicles and equipment that make noise or smoke.

[Zedn]

He said the major part of the fine was for emmissions. But i think that what you have posted is using a car to make noise rather than modifying a car exhaust.

He said that it was a mobile set up on the side of the road. He thought they were signalling him for a breath test, but when he pulled over it was the EPA and RTA.

The fine seemed a little excessive to me, but i dont think he was lying. I am seeing him again tomorrow so i will ask what the name of the offences were.

Apparently the EPA guy that did the sniff test told him that he can tell he has modified the motor but is not going to go that far into it. He had no cats on the car so that is probably the main culpret combined with the ecu tweek.

[Zedn]

I found the where it fits into the law.

Its under the protection of environmental operations (clean air) reg 2002.

15 Use of motor vehicle without prescribed anti-pollution device prohibited

(1) An owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, is guilty of an offence if:
(a) this Regulation requires motor vehicles of the class to which it belongs to be fitted with a prescribed anti-pollution device, and
(b) the vehicle is not fitted in the prescribed manner with such a device.

Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.

17 Removal or adjustment of anti-pollution devices

(1) The owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, is guilty of an offence if:
(a) an anti-pollution device had been fitted to the motor vehicle, and
(b) at the time of that use the device had been:
(i) removed, disconnected or impaired, or
(ii) adjusted or modified and the adjustment or modification results in the emission of excessive air impurities by the motor vehicle.

Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.

Thats a maximum of $22000 for an idividual.

And for the noise it comes under POEO (noise control) reg 2008

12 Use of motor vehicles on road or road related area

(1) A person must not cause or permit a motor vehicle to be used on a road or road related area if the motor vehicle is capable of emitting noise at a level in excess of the level prescribed by clause 4 (b) or (c) for that type of motor vehicle (the prescribed noise level).

Maximum penalty:

(a) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle but does not exceed that prescribed noise level by 5 dB(A)—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual, or
(b) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle by 5 dB(A) but does not exceed that prescribed noise level by 15 dB(A)—150 penalty units in the case of a corporation, 75 penalty units in the case of an individual, or
(c) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle by 15 dB(A) or more—300 penalty units in the case of a corporation, 150 penalty units in the case of an individual.

this is 4 (b) or (c) that it refers to

(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 thats max of $5500 for up to 5dba over, $8250 for up to 15dba over and $16500 for more than 15dba over.

I guess he got off lightly!

[Rob. Smith]

Originally Posted by Zedn

He said the major part of the fine was for emmissions. But i think that what you have posted is using a car to make noise rather than modifying a car exhaust.

He said that it was a mobile set up on the side of the road. He thought they were signalling him for a breath test, but when he pulled over it was the EPA and RTA.

The fine seemed a little excessive to me, but i dont think he was lying. I am seeing him again tomorrow so i will ask what the name of the offences were.

Apparently the EPA guy that did the sniff test told him that he can tell he has modified the motor but is not going to go that far into it. He had no cats on the car so that is probably the main culpret combined with the ecu tweek.

Point taken.. the RTA is ridiculously bureaucratic and top heavy These cars are ICV's therefore they meet the design standard by the manufacturer (you) and the Australian design rules...So with a production car the rules are straight forward...with an ICV you must carry an abbreviated engineers report and produce this when required. If the EPA bloke could tell the car was modified it must have been pretty well obvious. I don't intend to 'call unnecessary attention' to my vehicle so this is why I'm asking advice for the exhaust noise and it's remedies.

[Zedn]

This is NSW legislation.

However it says on the DECC (what the epa is now called) web site much lower values. I have a feeling that the high values may be what you get if prosecuted in court (contest the fine) and the on the spot fines (if you choose to accept them) may be less.

I will have a chat to a colleage of mine that i work with tomorrow. He previously worked for a local council issuing environmental fines so has a pretty good understanding of the legislation.

Rob i agree with you about ICV's not being standard production cars and hence they may not know, but keep in mind the compliance plate on the vehicle shows the year and they will then know what ADR to check against. The guy that got the fine said they didnt really know anything about cars, just knew he had other mods from the readings. Probably didnt want to go into it because he didnt know how

I just posted this info to share with everyone. Will i still be running live side pipes? Hell yes!! But like you i will be trying to make them semi quiet and use cats.

gjkrv8, i dont know about the bike. Those things are super loud, not just Harleys but all bikes with aftermarket exhausts. We have a group that ride past our house late at night on most nights and i always get woken up they are so loud. Im sure they get their share of fines. The thing that i find rediculous is the ones that sit there reving them every five seconds when at lights or riding slowly. Thats just a wank!