The MCC posted this recently. Thought that it is a good read for all of us noisy Ducati owners.
Up until recently, riders have not been fined for noise infringements, possibly to avoid the infringement being contested in Court. However there are now some instances coming to our attention where Infringement Notices and fines are being issued.
For example, Ron (let's call him) was riding his Ducati when flagged over by Police set up on the roadside. They told him his non-standard exhausts were illegal and issued him an Infringement Notice and wrote “exhaust” on the plain part of the Notice (Code 81633 - $106). When handing him his ticket, the policeman has told him he can expect a Notice from the EPA in about 6 weeks, to take his bike for testing.
There are a number of issues here:
(1) The bike was not tested for noise output;
(2) The Police are alleging his non-original exhausts are automatically illegal;
(3) If Ron simply pays the fine, he’s telling NSW he’s guilty to the charge;
(4) Once the conviction is recorded, the EPA legislation clicks in and he’s listed for a First Offence (the price then goes up for any subsequent offence);
(5) Offences listed by Police are automatically forwarded to the EPA who then issue a Notice to the offender to bring their vehicle for testing.
Thus, both Ron and the vehicle can be subject to separate enforcement action. The EPA can cancel his registration if the alleged defect is not repaired. BUT, he was NOT issued with a Defect Notice. That’s rarely used for exhausts or other EPA “environmental” offences. (Defect Notices do not generate revenue).
He has 21 days, or 3 weeks to deal with the fine. Then, assuming he’s paid it, the EPA admin cranks into action and he, as the owner of the offending vehicle, gets a Notice to attend with his bike about two to three weeks later. Hence the officer's story that he will get a Notice in “about 6 weeks’ time”
This is a very general Offence Code that can be applied to ANY alleged breach of any of the items in Schedule 2 to the NSW Road Transport (Vehicle Registration) Regulation 2007, plus other specific items detailed in the body of the Regulation i.e. the Police simply claim your vehicle doesn’t comply. This is the same offence used for blinkers, rear mudguards, etc, your imagination is the only limit.
The temptation is to just pay the $106 fine and move on. however, what is important is to contest the allegation and dispose of it as quickly as possible.
Our man Ron had Staintunes fitted, not original Ducati items. We know that Staintunes issue exhausts that comply. We also know the Police issued the fine on the basis that a non-standard exhaust was automatically illegal.
If it happens to you here is a suggested path to follow:
(1) Immediately identify the local noise test facility (
http://www.epa.nsw.gov.au/noise/NTATIS.htm );
(2) Book in for a test and have it happen in the next few days;
(3) Obtain a Certificate showing compliance;
(4) Write to the SDRO, setting out the following:-
a. Please withdraw Infringement Notice No:xxxxxx
b. It is without merit
c. See attached Certificate of compliance (copy only)
d. Should it not be withdrawn, I will contest this in court
By using a noise test facility that is registered with the EPA, the process is short-circuited.
Hope this helps. As always, let us know if you have any comments. Safe Riding!
