Fine For Exhaust Being To Loud

[gregor]

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.

[NYTSKY]

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]

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]

  On 06/03/2012 at 5:40 AM, gregor said:

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]

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?

[Idaten]

Oh god, if only.

They'd probably argue you could have messed with the rest of the exhaust - so go over the pits.

=/

[sydking]

I always have my decca noise test papers kept in the car, shows that I passed the noise test 1 db under limit. Even though new engine and new exhust it should pipe down your avg joe in blue.

[ianjb]

yup, unfortunately guilty until proven innocent.

Democracy for you.

[BLITZ-26]

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

[Aussie_Delivered_R32_GTR]

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]

  On 09/03/2012 at 10:18 AM, BLITZ-26 said:

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

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

[Driftclown]

Still yet to hear a Harley or any superbiked that are under the 90db limit

[zebra]

Bikes dont have noise limits (well they do but pretty lenient), It is a safety thing

[RB25PWR]

How many people do you know own Harleys? They get hassled all the time, even MORE so than imports because Harleys are associated with OMCG (Outlaw Motorcycle Crime Gangs).

[bored33]

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?

[PN-Mad]

I'm just going to drop this in here for future reference. Clears up some things.

http://www.ntc.gov.au/filemedia/Reports/NatStatExhaustNoiseTestSept2006.pdf

[GTR-N1]

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]

  On 23/03/2012 at 11:00 PM, Terry_GT-R34 said:

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