Modified Exhausts & The Law

[Jax]

There are currently 2 Threads, where people are in trouble, in NSW, having been booked by Traffic [ Highway Patrol] police, for "off standard" systems, which appear to comply under RTA rego requirements. One has an Engineering Cert as required, and additionly, the same system has been 'defect cleared' by different Police.

To get up to speed on this, read the threads "Cops & engineer's certificates, in GENERAL AUTOMOTIVE DISCUSSION, and, " Advice needed - Received a Ticket For Exhaust".,in the NEW SOUTH WALES forum.

On the surface, this appears to be a 'no win' situation, BUT IT'S NOT.

I'd be very surprised if these are the only 2 cases affecting members of these forums. Certainly, drivers can be picked off one-at-a-time fairly easily by these types of actions. It cannot be a co-incidence that 2 Highway Patrol officers, under different police districts, are both carrying around copies of the same legislation,and are both dismissive, in a very similar way,with similar statements, of the RTA requirements, and of Engineers Certs, or even Defect clearances.

It is fairly obvious to me, that this is an organised effort, either NSW wide, or at least through a number of Police Districts.

Whilst I believe that these bookings can be beaten in Court, and I have provided private advice to one of the victims in this regard; this is a time consuming and expensive undertaking, if success is to be assured.

On this note, I have been asked [quite rightly] is it worth it for a $200 fine?

On the surface, you'd have to say, no. Where,however do you draw the line? If no lines are ever drawn by people who are treated unfairly by persons or groups in authority, then that is an open invitation for them to do the next thing and the next, and so on. Just look around the world to see what that submissive attitude can lead to, and whether you'd like to live that way.

Indeed, just look at our own traffic laws to see the result of apathy. Try introducing on-the-spot fines for even minor criminal matters and see all the Civil Liberties mob in full cry. It is accepted for Motorists almost as if they are already known to be criminals because they have a licence. It's just that each of them have'nt been caught yet.

There are a number of things which can be done, which,in reality, are fairly simple and effective. In the past, I've actually succeeded in having both State and Federal Legislation changed. Try to be clever,rather than loud and angry, be persistant, and see what and who you can use.

On that last point, here's what we can start doing. NOW.

1. Anyone else who has been caught up in this, or knows someone who has, then post it HERE.

2. Any of you who are, or could be affected [by the nature of your exhaust system, AND are a member of the NRMA,- contact them, find out who handles these sort of matters [someone in NRMA does] and send them all the details and get them working on it.

3.Anyone who has been booked for this, even if you've already paid fine, make an appointment to see your State Member of Parliament, and ask them to investigate and make representations on your behalf

4. CAMS Any members of CAMS, or, indeed especially the Club, take the matter to CAMS. The law, interpreted like this will affect virtually EVERY registered Rally Car!!!

5. Anyone think of anyone else? What about your local Radio Station? Do they have a 'talk back' program? If so try and involve the local Police. Get them some publicity they could do without!!

Come on now - What else? Everybody up!!!! You stay down there and you'll be walked on.

[V-Spec]

well, too loud depending on the engine is where epa measure the sound 100db at 3000rpm roughly

also emmissions from epa, pritty much no cat or drilled cat is a massive fine and obviously illegal

[GTRgeoff]

V-spec he is talking about legally quiet but aftermarket

Good stand Jax. This also appears to effect all exhaust manufacturers and retail outlets and may be of interest to them, and that sector of industry is too large, and too many jobs can be lost, if this gains momentum.

There is a reason ADR's exist, and states are obliged to follow them under federal statutes. After a bit of reading though it appears that NSW has followed SA with protecting Police against mistakes in knowledge and judgement.

Ultimately if you are not guilty then costs can be sought, but you have to be prepared to follow it through.

[Jax]

Well apparently it's like Mark Twain and the weather "everybody talks about it, but nobody does anything about it"