Click here for background information on aftermarket exhausts

All motorcycles, no matter their age, are now required to have any aftermarket exhaust labelled.

Most riders ask "What label?"

Few riders are aware that any such requirement exists. There are now two labels that riders must be aware of.

(1) The ADR 39/00 label
(2) the new label specified in Clause 19 of Regulations from the Protection of the Environment Act 2000 which may or may not be in the
format given in those regulations.

(1) ADR Label
Australian Design Rule 39/00 was first issued in December 1986. (Refer Page 1 of ADR 39/00 )

This Rule specifies that a motorcycle built after December 1986 carries a label on the frame, with details of this label at 39.3.1.4

This Rule also specifies at 39.2.1, the requirements for markings that must appear on the original exhaust system.

The label only applies to the original factory fitted muffler and specifically relates to the markings appearing upon the factory fitted original "Silencing System Components".

The ADR relevance disappears when the new vehicle leaves the showroom floor, but at the same time it becomes subject to individual State based "in-service Regulations". ADRs are for bikes as made, individual State regulations are for bikes as ridden.

In NSW, the in-service Regulations have been handled by Regulations administered by the RTA, primarily as part of the annual Registration Inspection system.

In the past, In-service regulations have provided for owners to purchase non-original parts for replacing worn or damaged parts of their vehicles. There has been no restraint of trade by forcing owners to purchase only the original parts from factory dealers. As long as the parts did the job the old ones did, that was enough.

Until the new EPA regulations, NSW regulations required that an aftermarket exhaust be safely fitted and not produce a sound level output greater than as specified in Section 157 of the Road Transport (Vehicle Registration) Regulation 1998 under the Road Transport (Vehicle Registration) Act 1997

(2) EPA label
On July 1, 2000, the Environmental Protection Authority introduced the
Regulations Drawn From The Protection of the Environment Act 2000 and this included, under Clause 19, a requirement for all motorcycles fitted with an aftermarket exhaust to now carry an additional label.

The Authority requires that this new label be affixed to the muffler and that it carry details as specified in Australian Design Rule 39/00 at 39.3.1.4

Clause 19 applies to all motorcycles, regardless of build date and whether an aftermarket muffler was fitted prior to the inception date of the Regulations or not. If the muffler was fitted 10 days ago or 10 years ago, it now requires this new label.

There was no requirement for exhaust labels before the introduction of the Protection of the Environment Act Regulations on 1 July 2000.

The EPA has made no effort whatsoever to inform the riding public that this requirement was introduced, other than by running combined operations with the Police and handing out fines.

It is estimated that over 30% of the NSW motorcycle fleet are fitted with an aftermarket exhaust, making them easy pickings for a revenue-raising venture created by introducing a new law and not telling anyone.

This new law has savage financial implications for the motorcycle owner.

The original argument for exhaust labels by the EPA was that it simplified inspection at roadside during noise law enforcement operations. If a bike is labelled, it could be seen to be compliant and they can then move on to the next bike. This was to save the EPA money on inspections and speed up the process. This is not happening, all bikes that come to the attention of the EPA Enforcement Officers are noise tested, including those with factory original exhaust systems. So they aren't using the stickers for that purpose.

The EPA wanted to introduce labelling "to stop the practice of refitting standard systems immediately prior to annual registration inspection". Their view is that this is a widespread practice and that it allows motorcyclists to run a "modified exhaust" the rest of the year.

This is simply not true, the RTA 'pink slip' inspection has no requirement to inspect for exhaust system labelling beyond the existence of the manufacturers name or Trademark. The term "modified" is used by the RTA to define a motorcycle with a non-factory original exhaust, no matter the noise rating.

(Besides, a label on the aftermarket pipe would not stop someone refitting a standard exhaust.)

By the same argument, chains of muffler stores across Australia are guilty of "modifying" car exhausts.

Existing RTA Regulations are quite adequate to manage noise emissions from vehicles. They require an Inspector to refuse to register an excessively noisy motorcycle. No matter the label or the maker of the pipe, if the bike is excessively loud, it can't be registered.

If combined Police and EPA operations were conducted only to identify motorcycles with excessively noisy exhausts, they would be understandable.
However, riders of motorcycles that otherwise comply with prior State in-service regulations have been forced to wait for up to two hours by the roadside, effectively arrested by the Police under the cloak of a Random Breath Test, whilst the EPA conducts noise tests on their motorcycles and both Police and EPA issue fines for failing to have a label even if the bike is not illegally noisy.

The issue #82 of Performance Streetbike magazine carries a photograph on Page 90 showing part of the queue of bikes in the background, while a Policeman writes an infringement Notice. All those riders were effectively held under arrest while the testing was done.