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Fine For Exhaust Being To Loud

gregor

By gregor,
in New South Wales

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gregor Rising Star

gregor

Posted
Posted

Just got a call from my brother, he was fined for his exhaust being to loud (approx $150). What interests me is that he said there was no test done or measurement taken yet a fine was issued. Apparently he will get an epa notice in upto 6 weeks but we'll wait and see what turns up. Being a green p plater in a sporty car though i've warned him to expect this kind of attention at some point.

This isnt a police bashing thread, just an enquiry into what the process is to be issued a fine for noise. I have done some googling but mustn't be searching the right terms. I know workshops need to test at load and on back off as ive been through it for engineering in the past, I would have expected a similar standard from an officer to be able to issue a fine. If the legal limit is 90 db it is extremely subjective whether a car between 88 and say 92 is over the limit. Especially when a car has only been heard at light load and idle whilst pulled over. By all means send them for a test but an on the spot time seems tough -although i can see the logic behind it.

I'm expecting the whole 'do the crime pay the fine' argument but if I can save him $150 that can go towards a new muffler, then why not at least look into it?

Thanks.

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https://www.sau.com.au/forums/topic/393882-fine-for-exhaust-being-to-loud/
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NYTSKY Grand Master

NYTSKY

Posted
Posted

Its at the officers discretion, if he/she believes it to be louder than 90db they can issue you a defect notice.

Which normally means you need to prove that it isnt.

Unfortunately you will have to get use to it.

gregor Rising Star

gregor

Posted
  • Author
Posted

he offered an engineering report with noise readings but i know how little value they are given.

We have a funny legal system, traffic (strict liability offences) are one of the few areas where innocent before proven guilty doesnt apply. Being sent for an inspection at your own cost is one thing but subjective fines is even worse.

luke gtr Grand Master

luke gtr

Posted
Posted

he offered an engineering report with noise readings but i know how little value they are given.

We have a funny legal system, traffic (strict liability offences) are one of the few areas where innocent before proven guilty doesnt apply. Being sent for an inspection at your own cost is one thing but subjective fines is even worse.

+11ty billion for truth.

Al Despo Proficient

Al Despo

Posted
Posted

I guess we all agree that an engineering certificate is pretty much useless in proving an exhaust is at legal dB. Is there any indication on the engineering cert to what type of exhaust you have to say its legal, for example say someone had a nismo weldina ne-1 and it is printed on the exhaust tip and stated on the certificate therefore you can say you havnt changed it and its under 90 dB or is that like beating a dead horse?

BLITZ-26 Mentor

BLITZ-26

Posted
Posted

been done for it before...... got a noise test then elected to go to court .... pleaded not guilty .... and gave the noise test papers over..... fine and charges dropped, if he is legit then follow what i did if it is over and obnoxiusly loud then tell him to cop it and quieten it down :thumbsup:

Aussie_Delivered_R32_GTR Veteran

Aussie_Delivered_R32_GTR

Posted
Posted

I'm not sure what model or exhaust he has but in 1991 the std JDM exhaust (rear muffler) failed the ADR stationary noise requirements.

Nissan Australia had to fine tune/ modify the muffler to comply with the rules.

It's always going to be tough when the stock exhaust fails, let alone when an improved flow version is fitted........

Cheers,

Bob.

gregor Rising Star

gregor

Posted
  • Author
Posted

been done for it before...... got a noise test then elected to go to court .... pleaded not guilty .... and gave the noise test papers over..... fine and charges dropped, if he is legit then follow what i did if it is over and obnoxiusly loud then tell him to cop it and quieten it down :thumbsup:

Cheers for that. Gives some hope. Waiting on him getting a test before seeing how to follow it up.

bored33 Grand Master

bored33

Posted
Posted

I can understand the officer "thinking" the noise level could be over the limit and getting your brother to prove them wrong.. but an on the spot fine? Didn't know they could do that.. Learn something new every day!!

I'm guessing he will not only have to prove his car is under the limit but then also have to appeal the fine?

GTR-N1 Grand Master

GTR-N1

Posted
Posted

Plan:-

It's time for a new niche market workshop to get set up; called...

"It's Fine With Us"

...specialising in hiring or selling or installing parts that are compliant with laws above and has metering equipment.

34GeeTeeTee Grand Master

34GeeTeeTee

Posted
Posted

Plan:-

It's time for a new niche market workshop to get set up; called...

"It's Fine With Us"

...specialising in hiring or selling or installing parts that are compliant with laws above and has metering equipment.

Its not a bad idea! Help people get their cars legal and still enjoyable! Win Win IMO

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