Apparently getting done three times with noisy pipes by the EPA will get your vin cancelled and in turn unable to ever register your bike again. What and use it as a paddock bike after that?? Does anybody know someone that this has happened to? Your luck must be pretty shit if you get done three times? Or am I just being optimistic? (Sorry, just realized I might be on the wrong forum for this)

nah i doubt it.. ive a mate thats been done 2 times though, they just keep fining people,, there is no way they will ban your bike,, they just increase the fines...if they banned the bike it means the cash stops...

Hi Matho
Well I got done once 12 months ago and that was straight forward. $40 for the testing and the inconvenience of having to change the pipes back to standard to pass the bike. So what happened at testing was they took a dozen odd pics of the bike so they had it on record. Put the performance pipes back on after the test thinking I'd have to be very unlucky to get caught again.

Well 2 days ago got pulled over for RBT , the young copper checked my licence, took my breath test and said on your way. Was just about to pull out and the senior sergeant said to the young copper hold that blue bike. Asked me to rev the bike and slapped me with another blue slip for EPA testing. I have a few cop mates who I spoke to about it and the issue was because I had been hit once before as soon as the sergeant typed my number plate into the system it alerted him. So in my case I have been hit twice but I have sold the bike so they wont get me a third time. My suggestion is if you have been hit once best change your number plate. I have been pulled over on at least 10 RBT's and 2 of those have ended up with EPA notices so if you get a shit cop he is going to do whatever it takes to hit you with a notice.

As for 3 and your bikes off the road I have heard that as well but can't see how they can do it. I suspect it would be a nasty fine.

Lesson for me was change the plate

I have heard that they will take you to court and prosecute if you continue to get caught.

Big T. So the trick is not to get sprung the first time. as for the plates, that's a good idea but I just spent a fortune on a personalized plate so I'd be reluctant to get rid of it. I agree and I can't see how they could take your bike off the road. I'm sure they'd just keep increasing the find and just make it harder for you somehow. So what was the fine the second time you copped it?

Yeah Frank that sounds like something they'd probably do. My bike is my hobby so I'd only do 5000km a year. So I reckon the more K's you do a year the greater the chance of getting sprung.

There was no fine just the EPA notice. So the same process as the first time.$40 for the test and the hassle of changing the pipes. As for the plates they were personalised so I'm hearing ya. Still prefer to get them off my back by changing the plates cause I'm bound to run into another RBT.

Had a RBT done a month ago (by a booze bus) about 200 meters from my front gate so I suppose I was lucky not to get done there.

I hear ya Aussie, and I'm sure they have the power to do that. What the hell would you do with the bike then, sell a 2 year old bike for parts?? Although I still havn't heard of anyone having their VIN cancelled. Would it just be threats that they never carry out?? I'm curious to know if its actually happened to someone.

Anyone got an actual law that states any of this? It all sound like urban legend BS to me - though government rules don't always have common sense as a condition.

Posted By SoftailSteve on 24 Nov 2012 10:37 PM
this is from the nsw epa

The Environment Protection Authority (EPA) administers the Protection of the Environment (Noise Control) Regulation 2008 (Noise Control Regulation) which, among other things, controls noise from motor vehicles and motor vehicle accessories.

Some of the key requirements of the Noise Control Regulation for which on-the-spot fines may be issued are:

Noise levels from exhaust systems of vehicles being used on roads or road-related areas must not exceed specified maximum noise levels.
Engines of vehicles being used on roads or road-related areas must not be louder than when originally manufactured.
Noise control equipment on motor vehicles being used on roads or road-related areas must not be defective and be securely in place.
A person must not modify a vehicle so that its exhaust system exceeds the specified maximum noise level or its engine is louder than when originally manufactured.
Noise from vehicle sound systems must not be offensive.
Motor vehicle intruder alarms must not sound for longer than permitted times.
Noise from vehicle refrigeration units must not be audible within residences at night.
Noise levels from motor vehicles used off-road must not be offensive.
Maximum on-the-spot fines under the Noise Control Regulation for a motor vehicle exceeding the specified noise levels are $500 for an individual and $1000 for a corporation. The maximum court penalties that may be imposed when on-the-spot fines are court-elected or are applied to repeat offenders are $16,500 for individuals and $33,000 for corporations.

The Road Transport (Vehicle Registration) Regulation 2007 administered by Roads and Maritime Services (RMS) includes the following provisions:

The use of a registrable vehicle must not constitute an imminent and serious safety risk (major vehicle defect) or constitute a safety risk (minor vehicle defect). Safety risk means danger to a person, property or the environment.
A motor vehicle propelled by an internal combustion engine must be fitted with a silencing device through which all the exhaust from the engine passes.
The stationary exhaust noise test levels that must be met for different types of pre Australian Design Rule (ADR) 83/00 vehicles are specified. These levels are the same as those listed in schedule 1 of the Noise Control Regulation.
Vehicles must continue to meet relevant ADRs including the drive-by noise test levels for vehicles certified to ADR83/00.
The following Road Rules 2008 administered by the NSW Police Force for which on-the-spot fines may be issued also apply:

Road Rule 224: A driver must not use, or allow to be used, a horn or similar warning device, fitted to or in the driver's vehicle unless:
it is necessary to use the horn, or warning device to warn other road users or animals of the approach or position of the vehicle; or
the horn or warning device is being used as a part of an anti-theft device fitted to the vehicle.
Road Rule 291: A person must not start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke. 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: Under Schedule 2 of the Road Transport (Driver Licensing) Regulation 1999, police officers can issue 3 demerit points for this offence).
Road Rule 291 - 1: Engine to be stopped where necessary. So far as may be necessary for the prevention of noise, the driver of a motor vehicle on a road must, whenever the vehicle is stationary, stop its engine. This clause does not apply to an enforced stoppage:
owing to the necessities of traffic; or
so as to prevent the examination of any machinery of the motor vehicle if the examination is necessary by any failure or derangement of the machinery.
The EPA is continuing to assist the Police and RMS with enforcement campaigns relating to noise from motor vehicles.

I just quickly typed this up for everyone. This is off another forum here. So it basically states repeat offenders can incur up to $16,000 in fines but it doesn't state anywhere that your bike will be de registered. I've also got to add that this is for NSW. But I'm thinking VIC would be close to this.

Everyting is bullshit until you get done - then it just becomes more expensive bullshit.

Being looking up the Vic EPA site myself but it all starts getting confusing so I stopped at the maximum fine of $24,000 

Didn't know this either - taken from EPA site:

It is an offence to own or use a vehicle fitted with a temporary defeat device, inlet port restrictor, exhaust port restrictor or temporary noise reduction device. These devices, when fitted to the exhaust system, can temporarily and easily change or vary the level of noise emitted from the exhaust.

Examples include variable exhaust restrictors, cutouts, bypasses, adjustable/variable/sliding openings on mufflers, restrictive or temporary insert plates and steel wool

(a) Open element or pod type air cleaners on carburetted vehicles are not permitted.

(b)  Dry element pod type air cleaners are permitted on EFI vehicles. Oiled, oil-soaked or fluid-treated elements are not permitted. Any sensors integral to the original system must be retrofitted to the same approximate location.

Interesting, I didn't know that either. $24,000. How the fuck do they justify these figures???

Just found the updated one & it's a tad more than $24k.

Link to EPA Modified Vehicle Guidelines: http://www.epa.vic.gov.au/~/media/Publications/1031.pdf

 

Dated 2006 but last updated 2012?

 

Pretty much if you read through the full EPA act 1970 (vic) they have the ability to prohibit both the use and/or sale of any vehicle breaching the Act. It is not required to be the third time, as the act just states that they can do so until the EPA advises otherwise. If you then read on through all the rest of the rubbish, they can request up to 7 years jail for repeat or aggrevated offenders, although this is aimed more so at industrial pollution, it is in the same act and could probably be linked, further to this, the EPA can basically take you to court and request that the the sentence or penalty is as they see fit (cancel of VIN could be enacted here), although they would have to be sure to want to push this, as their is the chance they could fail. Essentially as a whole, the act is aimed at industry and business, and as such penalties can be harsher than expected.
It's a fun read, and whilst not written specifically to be used against bikers and modded car drivers, it is.

Remember awhile ago the Vic cops have crushed cars under their anti soon laws.
That was found to be unlawful as the cops can only give fines or impound.
Either way you got your car back because it was deemed to be double punishment and put the owner under financial hardship.

Surelly that would have to apply if they tried to make your wheels unregisterable..

Yeah I know careyman, I was trying to make a point, which was a bad one. What I suppose I was trying to say is they carry over the vin number etc. which is what I had to do when I got my personalized plate.

Hi Aussie
Yeh the vin number etc goes to the new plate but when they punch the old plate into the computer in the highway patrol car it is the trigger that tells them if you have been issued an EPA notice before. So having a new plate won't call that info up and they rarely check the vin number. Bottom line however is that if you get a cop in a shitty mood like I have twice then it won't matter much cause they will issue you a notice if your bike is too loud.

I even tried using the fact that we have police escorts on some of our rides and they don't seem to mind but the answer i got was: "well if they wish to turn a blind eye it's their choice but I don't intend to". When u get an Asshole like that u got no hope .

My thinking is if you get a roadside EPA test slapped on you by the cops. You take it in with different pipes and you pass. Well then all is good and you haven't received your first strike.
Only if you failed the test and copped the bigger fine would it register as a strike. Considering most would take there bike home and change the exhaust. Most should be ok.

Imagine a dumb arse cop " thinks" you bike is too loud. You take it fore testing and it passes. No way would you accept that as one of your three chances.

Cheers