UNDER CONSTRUCTIONThe moment a new vehicle is registered and rides or drives off the showroom floor, it ceases to be bound by the Australian Design Rules, but immediately becomes subject to the in-service regulations of the State or Territory in which it has been registered.
In-service Regulations vary across Australia,
Some in-service regulations are technically identical to the Australian Design Rules.
Other in-service regulations allow for the fitment of parts not supplied by the original manufacturer and hence not subject to the Australian Design Rules. This allows for local manufacturers to enter the market for replacement parts such as brake pads, tyres, wheels, exhaust systems, light bulbs and the like.
This is a good system, as to demand that all vehicles must always fully comply with the ADR's would grant a monopoly to the original manufacturer for the supply of all service parts and replacement items. The ADR compliance is for the WHOLE vehicle, there are no ADR's for individual components.
This would also deny drivers and riders alike, the benefits of improved parts and components, such as better tyres or brake pads than were originally fitted some years ago when the vehicle was first made. In fact, it is impossible to buy some original vehicle components after a few years, such as the tyres that were fitted to achieve compliance.
Large chains and individual shops supply a vast array of aftermarket components to the Australian vehicle fleet. To slavishly insist on continued compliance with the ADR's is clearly undesireable for commercial reasons alone.
The existence of the aftermarket suppliers indicates that suitable components can be supplied by makers other than the original car or motorcycle manufacturer.
We raise this point because it has come to our attention that Police are being instructed that any aftermarket exhaust on a motorcycle is illegal. This is a lie.
Please refer to Sec 156 of ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 1998
http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/nsw/consol%5freg/rtrr1998478/
This section clearly states the technical requirements of an exhaust and makes no demand that the exhaust system be an original factory part.
In NSW, there is an administrative requirerment for a vehicle over three years of age to be subject to an annual Roadworthiness Check or "Pink Slip Inspection"
This annual inspection is generally related to ensuring vehicles are safe and the administrative practice is for a vehicle inspector who is licensed by the RTA to follow a set of Rules for inspection. This system of Rules was first gazetted in March 1993 and is essentially a good system.
However, there appears to be considerable confusion with regard to Rule 147
This is a largely a "commonsense rule", asking the Inspector to refuse a motorcycle for registration if the engine is loose in the frame, or if it is leaking oil or leaking fuel, or if the exhaust is loose or has rust holes.
However, someone tacked on an extra section 147.03(c) to apply to motorcycles which received their "type compliance" under ADR 39A. This particular ADR came into force on 1 March 1988 and was superseded by ADR 39/00 on 1 July 1988.
This requirement was for a label to be fitted to an aftermarket exhaust. No such requirement has ever been applied to cars or trucks
This portion of Rule 147 was a disaster when introduced in March 1993 and it was suspended in November 1993. Since then, 147.03(c) has not been applied for several apparent reasons -
(1) it applies to a very small number of motorcycles and
(2) it was "administrative practice" only and had no legislative basis
(3) when the RTA released Bulletin No. 100 on 1 November 1993, barely 20% of inspectors had been trained in its use.
Bulletin No.100 instructed inspectors to tell the motorcycle owner to return their exhaust to the maker for labelling and provided a list of Australian makers of motorcycle exhausts.
The RTA extracted an undertaking from each Australian manufacturer to supply labels, but made no such demand of the importers of motorcycle exhausts. This market intervention by RTA appears to have had serious consequences, as the majority of manufacturers listed on Bulletin No. 100 have closed their doors and imports now comprise the bulk of aftermarket sales.
Forcing compliance to the ADR's, or intervening in the marketplace for exhaust systems is an improper role for the NSW Government.
When the EPA assumed responsibility for vehicle exhaust noise, some twit discovered Rule 147.03(c) and inserted it as Legislation, so it suddenly became Clause 19 of Regulations from the Protection of the Environment Act.
Clearly, they did not do their homework and pay attention to what was already in practice. This has caused huge inconvenience and expense to riders in NSW and this will be remebered at he next State elections as an example of Labor administration. There are now a series of compounding errors and refusal to recognise their mistake.
The Regulatory Impact Statement for this Legislation is full of hearsay and bald assertions. The Consultation process with those affected by the legislation is flawed beyond belief, with no regard taken for the issues raised and a refusal by EPA to believe what they have been told - many times.
The administartive system has failed us as riders and the only solution now is a political one. Do not vote Labor!
