26th February 2010 I was pulled up at Tempe on the Princess Highway. I thought all was sweet, but just got a notice from the DEEC about excessive noise levels from my bike. Rang them and found out it was Hurstville police. Have to book in for noise test, so rings the bloke and he said put your standard exhaust back on and no pod filters. Takes a reading and photos to submit. $40 FOR THE TEST. Why should I have to pay for an allegation, if they want to test my bike they should pay for it, not me.

Old mate, you forgot we live in the most highly regulated country on the planet!! They probably consider it cheap doing you such a favour as testing your bike for you!!

you are guilty, and you have to prove yourself innocent. This is NSW, remember....

Actually, I am going to play there game. If I do not respond to this notice, the next step is after 21 days I should get a defect notice. If I do not respond to the defect notice within 21 days, they will cancel my rego. I will let everyone know of the outcome.

there new trick is a window tint monitor apparently dark tints are now illegal .

welcome to the joys are Harley ownership.......we can all tell a similar story.

That's my argument exactly.

In accordance with the principals of natural justice and due process, there is an assumption of innocence. If an allegation is made e.i. the plod reckons that you are too loud, on what basis does he make that allegation? If then you rebut that allegation by having the vehicle tested you should not have to bare the costs of that rebbutal.

For example you go to court to rebut a charge of committing an offence. You pay for a brief and your rebuttal is succesful. The magistrate will award costs that you incurred for say paying for a lawyer (an expert in law) to represent you. It follows then that if you paid the test station a fee (an expert in testing the noise level) you should not have to bare that cost if your bike falls within the legal noise level and rebuts the allegation.

 

Further to the above If we all were to contest every notice and demand to have the evidence reviewed in court, the system would fail, because everytime a plod issued a notice he would have to front up give evidence without substantiation of his opinion. Each case would be rebbutted with a test certificate and the $40 bucks would be awarded plus court costs to plod.

Let's do it and keep more plods off the road for longer.

Did anyone watch the docco on the ABC last night "The Inquisition" The Wood Roay Commission into corrupt filthy dirt pigs in NSW?????

My young bloke got pinched for not having P-plates on his car...He was pulled up for an rbt and the copper starts telling him how nice his car is but where are your p-plates...Front and back  window as they have always been but the windows where tinted and the cop reconds he couldn't see them...3 weeks later in the mail he gets his fine and the points he lost meant he lost his licence...He paid the fine and then decided to go to court as he needed his licence being a mechanic..In court he won and got his points and his licence back but because we had already paid the fine he wouldn't get the money back....Had he of not paid the fine before the court date he wouldn't of had to pay it...I don't know if it works in all situations but if your going to dispute something don't pay any money before the court case...

 

Cheers...Sparra

Intelligent argument is all well and good....unfortunately its a complete waste of time on an unintelligent, greedy and unjust government. Fuggem

I was going to wait for the defect notice as I do Blue Slips and have the authority to clear defects. But my mate waited for his defect notice and I read it. Basically it is still directing the bike for a noise test. So put the standard exhaust and air cleaner on today for Monday test.

You know him don't ya.....

Noise test OK. 93 decibals at 2650 RPM.

If the Plods entered your property without a warrant to enter, surely they were trespassing or didn't your lawyer think of that???

Put the standard exhaust system back on. Always kept it for a rainy day.

you dont need a warrant to enter front yard and you must have access to front door or intercom if you have front gates -but what did your friend say to cops??or does she have a history with those cops?...from working pubs and clubs women definately dont lack a voice especially if drinking..not saying your friend did anything wrong but something doesn't add up?? today the judge would throw something like that out of court and probably tell the cops off as well !!

hi dicko ,i grew up in darwin and i definately agree !!

do you lose points for noise?

come to victoria my 17.yo. and his girlfriend got robbed by to kids with a knife at mcdonalds on a friday night about 11pm and after i'd driven around for almost an hour looking for them while my son waited for the cops to arrive at macca's we gave up waiting after over an hour and went home!!

the law in qld about driving under the influence you DO NOT HAVE TO HAVE THE KEY'S IN YOUR POSSESSION OR VECHILE -just by sitting in the drivers seat is "intent to drive"...................if you have the keys on you but are in the passenger seat you CANNOT get done !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!