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Offline vegas

  • It puts the lotion on its skinor it gets the hose

  • Joined: Nov 2009

  • Drives: Ferrari
  • Location: Austraila
Yes - in short you're correct.

The term 'Summary' only provides an indication of the sentencing limitations of the court to hear the matter - summary in most states means 12 months is the mximum they can dish out to you (handled by a Margitrate's Court) - and who would want a longer gaol term for a loud exhaust!! You get less for armed robbery these days!

So unless they (the infringments) are a 'strict and absolute offence' (which does reverse the onus as you quite rightly said - are many traffic offences; then the Crown carries the burden of proof. This should be explained in each respective state EPA Act. Mondi maybe correct in respect to the state EPA regualtions in his state - not sure which he's from and I'm not going to read all the various state legislation (I get on here to forget about that kind of stuff so I can spend productive tme fantasizing about exotics). I would be suprised though, in respect to a vehicle noise level - that you would carry such a burden - they may be able to issue you a ticket on the spot, but in most cases, they still need to prove their case.  That's when you may present your argument.

 Note in Qld and Vic the police will be recording your conversation on the side of the road - so don;t admit anything, if you're going to contest the matter. In NSW it's against the Privacy Act for police to do this will an LD  Warrant or your informed consent.

 Of note is that even some local councils can issue noise infringement notices - depends upon their by-laws and regulations. 

I think though in most cases - if you pass the 'attitude test' to swing the officer's discretion in your favour ( I let them lecture me and then applogise before they start writing (!) - but don;t make any liabious admission of guilt, in case you want to contest it later) - and you are  not hooning around and annoying people - you would be unlucky  to get breached for this. I'd only use the 'loud facility' on the system on track days and away from shopping centres and residentail areas. But like Mondi said, if there is a crack down they may be out to prove how effective teh crack down is - and this means the more charges they can lay the better they look, so be careful and show some good judgement and things should be OK. Good Luck
It puts the lotion on its skin, or it gets the hose again.



Offline Wattens

  • Free Mustache Rides
  • The only wrong decision is Regret

  • Joined: Jan 2010

  • Drives: Cars
  • Location: Earth
  • Name: Knob Head
Both Mondi and Carmooch are correct, jump on to any enthusiasts forum and in no time you will find everything to know about EPA.

I was sent to epa a zillion times in the skyline back in  the days. First time I put everything back to stock (at the time it only had a turbo back 3 inch catless exhaust and pod to change back). Ran around for days chasing a stock airbox and stock exhaust (was quite easy while I was on the SAU NSW executive board), Went to EPA in Granville and the fucking thing failed noise levels (it was 92db back then, I have no idea if it's changed in the last year but I think it was changed to 90db now).   

Solution?????   

Stuffing steel wool infront of the catalytic converter.

Engineering certificates are a waste as well, still got sent to EPA by Highway patrol even though later on my mods were all enginered and noted by the RTA.

I wouldn't bother too much about noise on the 360 though Vegas, just make sure the exhaust level switch is hiden and if they do send you to the pits, you'd have to change back to stock before you go.   

Only Issue I can think of is if you are cruising at night and the police and epa team up again and do the tests on the spot, last November or December ACA or Today Tonight had a story on the new program.
You can say I'm wrong, but my garage doesn't agree with that statement!!!



Offline mondi

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Look - as I said, I don't agree with it. All I am saying is that there are rules and there are large fines in regards to those rules.

I have a confession, I went through it a month ago with my XR6 Ute. Got pulled over and the officer questioned the Exhaust(it was a big bore). Anyhoo, got it checked as ordered - 92dB. 2dB over, so I fitted a standard exhaust and got it retested, 80dB. Submitted the paperwork and the fine was withdrawn.........



Offline vegas

  • It puts the lotion on its skinor it gets the hose

  • Joined: Nov 2009

  • Drives: Ferrari
  • Location: Austraila
The laws are uniform across the board, and the EPA handle them the same in each state. The Commonwealth EPA may not enforce it but the rules are the same no matter which state. It's the local government that handles things differently, but in most cases it's the same rules that are followed.

Yes sort of... gee we have a minefield here :! There is a difference between national charter and national regulations and, state legislature - which creates State offences, which in-turn allows each state to tailor the legislation under the overaching Commonwealth structure which is really about showing that all states and most territoriies are all playing nicely with the Commonwealth. Really just warm and fuzzy stuff with no teeth. Believe it or not we have had National Road regulations for years- aimed at making all traffic offences uniform, but they are just rules and each state form their own laws - the teethy part. This is what each State EPA is most likley doing.

Now that's it for me - I need to crack a beer and start looking at Exotic (car) porn. 
It puts the lotion on its skin, or it gets the hose again.



Offline vegas

  • It puts the lotion on its skinor it gets the hose

  • Joined: Nov 2009

  • Drives: Ferrari
  • Location: Austraila
Look - as I said, I don't agree with it. All I am saying is that there are rules and there are large fines in regards to those rules.

I have a confession, I went through it a month ago with my XR6 Ute. Got pulled over and the officer questioned the Exhaust(it was a big bore). Anyhoo, got it checked as ordered - 92dB. 2dB over, so I fitted a standard exhaust and got it retested, 80dB. Submitted the paperwork and the fine was withdrawn.........

Well done
It puts the lotion on its skin, or it gets the hose again.



Offline mondi

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Only Issue I can think of is if you are cruising at night and the police and epa team up again and do the tests on the spot, last November or December ACA or Today Tonight had a story on the new program.


Yeah, there is lots of rumblings in the Hot Rod community as the moment so something is coming. Those guys are always a good indicator of what may go down........



Offline TEZZA

  • Those Frenchies seek him everywhere

  • Joined: Oct 2011

  • Drives: No matter what it is I am still lusting after something better.
  • Location: In a sunny place



Offline TEZZA

  • Those Frenchies seek him everywhere

  • Joined: Oct 2011

  • Drives: No matter what it is I am still lusting after something better.
  • Location: In a sunny place
Yes the system plugs into the original cats.

How do you get on when you want to sell the car?
Now I know the simple answer is "depends who does the report" but most places these days value their ticket to inspect so won't do you any favours that could blow-back on them.



Offline mondi

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How do you get on when you want to sell the car?
Now I know the simple answer is "depends who does the report" but most places these days value their ticket to inspect so won't do you any favours that could blow-back on them.

It wouldn't get through here in Vic at all. And they are doing noise tests now as well, which they never really did in the past.

Plus there is a photo log taken of the car at the time of inspection so if there is any changes they are covered.....



Offline Ferrari Fissatore

  • Soap Dodger

  • Joined: Jan 2007

  • Drives: its obsession
  • Location: under its skin
I dont know of any  mid engined Ferrari that passes the noise test even when std.

The test is flawed. They're all too loud.

But if you have a proven std system, they'll pass it with a disclaimer.



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