RAT-S CAFE

bong60 · Posted: Thu Sep 01, 2011 11:32 am Post subject:

Stan need some help . Gone into the wesite tried a search on "Reversed legislation on exhaust labelling"

May be cause its my first time in there , but I cant find the thread that tells be the back ground regarding the issue and the result on this subject.
I'm I dumb and its right in front of me and I cant see it ? Smile

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Bongo (Terry)

bong60 · Posted: Thu Sep 01, 2011 11:51 am Post subject:

Stan I found it . It wasnt under its own label .
It was under past achievments not under your description. Well It made me look around the site and find other things that where interesting.

I'm posting it , as I thought others may be interested.

If I see other items I think i will post them with the link of the item so it is easier to locate. At bottom of this page.

NSW motorcyclists have finally been relieved of a stupid NSW Regulation.

In July 2000, the Environmental Protection Authority (now part of the Dept of Environment and Conservation) introduced a retrospective law demanding that aftermarket replacement motorcycle exhausts be specially labelled and then authorised the Police to issue fines of $200 to riders who didn’t have this label.

In it’s justification, the then EPA claimed this labelling requirement allowed the Police and EPA officers to readily identify less effective mufflers that may exceed the prescribed noise limits

EPA made no provision by which riders could obtain such a label. Riders referred to this law as “the sticker tax”.

However, after 6 years of protest by the Motorcycle Council of NSW, Clause 19 from the Protection of the Environment Operations Regulation has now been repealed.

The regulation was published in the Government Gazette No. 35, (11/2006) pp 1379 & 1380 on Friday 17, March 2006. It does not appear in any Parliamentary Hansard or Notices, as it seems our State government would prefer to see this change go unnoticed. download from box on right - each page around 170kb

Exhaust labels required under Clause 19 will remain on many motorcycles as a reminder to riders to remain vigilant and how, by uniting through their Motorcycle Council in NSW, they can address serious issues.

Mr. Chris Turner, Chair of the Noise Committee of the Motorcycle Council of NSW said today “Yes, the misused sticker law allowed enforcement agencies to easily identify mufflers which may or may not be illegal and give you a $200 fine in either case!”

The repeal of this law is great news for motorcycle riders from any State travelling in NSW, as all motorcycles had been subjected to this NSW law despite the uniqueness of the regulation.

The Motorcycle Council wishes to acknowledge assistance from the NSW Democrats, in an initial Motion of Disallowance and also acknowledge support granted to this Motion from members of the NSW Upper House. It reinforces the value of an independent Upper House.

Guy Stanford, Chairman of the MCC of NSW said “I’d like to thank the persistence and skill of the Noise Committee, particularly Chris Coote and Chris Turner. We still have to resolve the issue of margin for error in roadside exhaust tests and the Noise Committee is well up to the task.”

Exhausting Stuff

In July 2000 the Environmental Protection Authority introduced a new regulation requiring all motorcycles fitted with an aftermarket exhaust to carry a specific label on it or face a $200 fine.

The EPA made no attempt to inform riders of this new law, and failed to make available, any useful information about it

Fines and defect notices were being issued by EPA inspectors and the Police.

This regulation was retrospective

The Police used Random Breath Test stations as a means of collecting motorcycles from the road for the EPA and the Police to issue fines.

Riders were effectively arrested so the EPA (now DECC) can noise test their machines, and check for stickers causing delays for up to two hours on the roadside.

This enforcement regime has soured relations between Police and riders at a time when it was hoped riders and Police could work together towards real improvements in road safety.

Other agencies of Government have been working with riders to improve safety and these actions initiated by EPA (now DECC) destroyed several years of good work.

The law appeared to be used primarily to raise money, rather than being used to target excessively noisy motorcycles.

A new law to collect a 'sticker tax' - pure revenue raising. Bikes that were at or below the legal noise limit were fined! Clearly it was not related to noise output.

DEC commissioned a survey of community attitudes to noise. A survey will only return a result in accord with how the questions are put to the respondents. This survey was not designed to discover facts, but to re-inforce a political "spin" that was pre determined. As a result, the sham "survey" was waved about, pointing out that the biggest noise problem to reidents in NSW was from motorcycle noise. They forgot to include noisy neighbours and barking dogs amongst many other omissions.

Yet another example of "spin doctors" detouring valid community debates - business as usual for NSW Labour.

The DEC attempted to modify the law, making it even more onerous and a Motion of Disallowance in the Legislative Council was supported.

Clause 19 was repealed.

The EPA had also continued to issue fines for failing to carry a sticker on the fuel tank which says "unleaded fuel only", despite the law requiring this label having been repealed when leaded fuel was phased out.

DECC staff changes have introduced some good people who can actually understand this area.
http://www.mccofnsw.org.au/a/221.html
_________________
Journey in Life, is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting '..holy sh*t ....what a ride!'
"look out for corners" Embarassed

Bongo (Terry)

stang · Posted: Thu Sep 01, 2011 1:17 pm Post subject:

I remember this.

The EPA directed police to pull over EVERY bike on the old road at Mt White.

They took driving licenses of all the riders and then proceeded to attempt to do noise tests on the side of the road of each bike.

Some were hanging around for over 2 hours.

FWIW - if they ever do anything this stupid again.

Ask "Am I arrested" - answer is no - can I get my license back NOW. If no, ride to nearest police station, speak to sergant in charge and lodge formal complaint.

The civil liberties crowd will go bananas with this if it happens again!

BTW - if they say you are arrested, they will be in so much shit, it will take years for them to get dug out!

Stan

bong60 · Posted: Thu Sep 01, 2011 4:14 pm Post subject:

Thanks for this Stan, its hard some times you dont know what your rights are and get walked over.

My brother had a small very slow speed drop of his bike with minor damage to bike and his wife and himself. Some good doer rang the cops and ambulance. My brother was incourage/pressured by the ambulance and the police to go to hospital. He didnt want but the ambulance guys made him feel concerned for his missuss who had grazed her knee.
So gave in and they went to the hospital. the police followed him . They then booked him for neg driving.
Aparently there is a law if any one has and accident which requires medical requires that that some must be charged.
_________________
Journey in Life, is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting '..holy sh*t ....what a ride!'
"look out for corners" Embarassed

Bongo (Terry)

stang · Posted: Thu Sep 01, 2011 4:36 pm Post subject:

Yes - I have also felt that trust has to be earned - so I don't trust the police!

Sad but true!

Stan

otherwise · Grumpy Joined: 31 Aug 2010 Posts: 1075

admin · Posted: Thu Sep 01, 2011 7:05 pm Post subject:

Hard to keep this on any track lol

But I would have to say that I believe that the police have just about the same minority of arses, as r found in every profession and cross section of groups of people (including those with loud pipes Wink

).
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cheekygreeky · Posted: Thu Sep 01, 2011 7:15 pm Post subject:

Its amazing when we get caught breaking the law we complain like women, and if someone else breaks the law we want them hung Rolling Eyes

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I Just Want To RIDE

bong60 · Posted: Thu Sep 01, 2011 8:30 pm Post subject:

Yes all comments have merrit.

Second hand info ? Are you sugesting that my brothers view of what happen to him may be embelished?
I didnt say the police where rude to him but that there was mention of a charge untill they showed up at the hospital. So my brother told me :0

And regarding my own experiences ove rthe years , I met some police that have been fair and polite. I have also met some that, must had a bad day.
but that happens when you deal with any one . It just hurts more in you have been caught not doing the right thing or have been suspected of doing the wrong thing .
_________________
Journey in Life, is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting '..holy sh*t ....what a ride!'
"look out for corners" Embarassed

Bongo (Terry)

otherwise · Grumpy Joined: 31 Aug 2010 Posts: 1075

otherwise · Grumpy Joined: 31 Aug 2010 Posts: 1075

bong60 · Posted: Fri Sep 02, 2011 6:31 am Post subject:

Otherwise, fair enough.
_________________
Journey in Life, is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting '..holy sh*t ....what a ride!'
"look out for corners" Embarassed

Bongo (Terry)