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OT: Anti-boyracer laws passed in NZ

http://xtramsn.co.nz/news/0,,3882-2333438,00.html

http://xtramsn.co.nz/news/0,,3779-2333445,00.html

New exhaust laws put into place yesterday:
Quote:
Infosheet 2.04
Date: 23 April 2003
From: Vehicle Certification Unit
Authorisation: Brent Blann, Technical Manager, Vehicle Certification Unit

Signature:
No. of pages: 2
Assessing noise levels of modified exhaust systems
Situation
This Infosheet clarifies the inspection requirements for modified exhaust systems (reason for rejection number 9 in the Exhaust section of the Vehicle Inspection Requirements Manual).
The Infosheet suggests an assessment method that may be used if you are presented with a vehicle for a Warrant of Fitness inspection and you suspect the vehicle’s exhaust system has been modified and is louder than it should be (see Clarification).

Please note: An amendment to the Land Transport Act 1998 that comes into force on 2 May 2003 includes, under section 96(1B), provision for the Police to ‘green-sticker’ a vehicle that has been impounded for unauthorised street racing. With the increased focus on street racer vehicles there is also likely to be an increase in the number 'green stickered' under section 115 of the Act, for vehicle defects. One of these defects may be a noisy modified exhaust system. A vehicle that has been ‘green-stickered’ under section 96(1B) or for a noisy exhaust may only be inspected for a new warrant by a vehicle inspector who is employed by a Transport Service Delivery (TSD) Agent ( New Zealand Automobile Association Inc, On Road NZ Ltd, Vehicle Inspection New Zealand Ltd, or Vehicle Testing New Zealand Ltd).
Clarification
A vehicle’s exhaust system and silencer must be effective and in good working order (required by regulation 81 of the Traffic Regulations 1976). As stated in 11-1 of the Vehicle Inspection Requirements Manual, a reason for rejection is if “the noise output is noticeably and significantly higher than should be expected for the vehicle.”
When the vehicle leaves the manufacturing plant it will have been fitted with an effective exhaust system and silencer. This is your point of reference for the performance of any replacement exhaust systems. A modified exhaust system should not make the vehicle louder than it would have been when the vehicle was manufactured with its original exhaust system.
Suggested Assessment method

1. Increase the engine speed to about half the maximum permitted limit indicated on the vehicle’s tachometer (rev counter). This is the test speed. (A ‘red line’ on the tachometer usually shows the maximum permitted limit.)
2. Hold the engine at this test speed for about five seconds and then reduce to idling speed.
3. Follow this with a series of three or four short and sharp speed increases, from idle to test speed.
If the vehicle doesn’t have a tachometer use your judgement to determine the engine speed, but follow the same test sequence.
Action
If you suspect the vehicle’s exhaust system has been modified and the noise is louder than you’d expect from its original equipment, you should reject the vehicle.
Give the vehicle owner the LTSA leaflet “Your vehicle has failed its WoF because of a noisy exhaust” explaining why their vehicle has been rejected and what their options are for correcting the noisy exhaust.


**************Questions and answers
For warrant of fitness agents, TSDAs, and parts suppliers
Land Transport Street and Illegal Drag Racing Amendment Act 2003

Background
On 2 May 2003 the Land Transport Street and Illegal Drag Racing Amendment Act 2003 comes into force. The Act is intended to increase the powers of Police and the Courts to deal with unauthorised street racing, drag racing, wheel spinning and other stunts involving motor vehicles on roads.

One of the provisions in the amendment gives Police the ability to put vehicles that they consider to be noisy out of service, by giving them a green sticker. This means that the vehicle must pass a new warrant of fitness test.

Because the Land Transport Safety Authority oversees warrant of fitness providers, it has been charged with ensuring that the public and warrant of fitness agents are informed about this aspect of the amendment.

Please note that nothing has changed in terms of the VIRM (the inspection manual for WoF inspectors) or the Compliance Rules, which already require agents to test for noise. What has changed is the level of authority soon to be exercised by the Police.

1. What is a noisy exhaust?
An exhaust is considered to be noisy if the effectiveness of the silencer has been reduced making the exhaust system louder than the original one fitted by the manufacturer.

2. What happens if a driver is ‘caught’ by the Police driving a vehicle with a noisy exhaust?
If a vehicle’s exhaust is considered to be louder than the original exhaust that was fitted by the manufacturer, the vehicle will be given a green sticker. Vehicles that are given a green sticker must apply for a new warrant of fitness from a Transport Service Delivery agent – the Automobile Association of NZ, On Road NZ, Vehicle Inspection NZ, or Vehicle Testing NZ. This means that a noisy exhaust must be replaced or re-modified to make it quieter and the vehicle must pass all warrant of fitness requirements before it can be driven on a road.

3. Can vehicles that have been given a green sticker because of noise be taken to any warrant of fitness testing agent?
No –vehicles that have been given a green sticker for noise must be taken to a Transport Service Delivery agent (the Automobile Association of NZ, On Road NZ, Vehicle Inspection NZ, or Vehicle Testing NZ) for warrant of fitness testing. This is consistent with the LTSA’s policy on removing stickers.

4. What if the existing warrant hasn’t run out yet?
A green sticker for noise automatically cancels the current warrant of fitness.

5. Does the amendment also apply to motorcycles?
Yes.

6. What about people who have high performance cars and motorcycles, but are not ‘boy racers’?
The LTSA’s advice to them is to drive responsibility so that they are not stopped and given a green sticker. However, the noise issue applies to all vehicles, so if they have a modified exhaust and the silencer is less effective that the original exhaust, they could fail their next warrant of fitness.

7. What else is covered in the Act?
Under the Act a person must not, unless authorised by law, operate a vehicle:
· in a race or an unnecessary exhibitions of speed or acceleration
· in a manner causing it to undergo sustained loss if traction ie spinning wheels without a reasonable excuse.

Under the Act a person must not, without reasonable excuse pour or allow to spill onto the road any oil, or any other substance likely to cause a vehicle to undergo loss of traction.
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Old 05-01-2003, 11:59 AM
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Quote:
8 Will the VIRM (the inspection manual for WoF inspectors) change?
No. The rules for checking muffler systems have not changed. All WoF inspections should already be checking that (to quote the VIRM manual) "The exhaust system and silencer must be effective and in good working order.” The reason for rejection in the manual states that “The noise output is noticeably and significantly higher than should be expected for the vehicle.”

9 What are the implications for suppliers of parts used to modify exhaust to make them noisy?
You have the same responsibilities you have always had as retailers under the Land Transport Rules and the Consumer Guarantees Act.

10 What are the implications for garages that are paid by owners to modify exhaust systems?
You have the same responsibilities you have always had as service providers under the Land Transport Rules and the Consumer Guarantees Act.

11 What does a non-TSD agent do if a vehicle is presented for a warrant of fitness because it has been green stickered for noise?
Advise customers that vehicles green stickered for noise must be taken to a TSD agent (the Automobile Association of NZ, On Road NZ, Vehicle Inspection NZ, or Vehicle Testing NZ) for inspection. This is consistent with the LTSA’s policy on removing stickers.

12 What new warrant of fitness processes will be required?
None – we are simply clarifying existing requirements.

13 What if I previously passed a vehicle with a noisy exhaust and the customer comes back to me saying they’ve failed a subsequent warrant of fitness because of noise?
If the LTSA receives a customer complaint, it will investigate. You may also be liable under the Consumer Guarantees Act for not providing a service with adequate skill and care, but this would have to be proven by the customer.

14 What if the police green sticker a vehicle and we consider it to be of warrant of fitness standard?
You do not have to second guess the reasoning behind a police officer’s decision – it may have been made within the context of the way the vehicle was being used.

Provide the new warrant and if the customer has questions regarding the grounds under which the green sticker was issued, they can take this up with the police.

15 How do we explain a failed warrant of fitness to a vehicle owner?
The LTSA has provided you with fliers to pass onto customers. The explanation is: “Your vehicle has failed its warrant of fitness because of a noisy modified exhaust. When your vehicle was manufactured, the exhaust was fitted with an effective silencer. When the exhaust system was modified or replaced, the effectiveness of the original silencer was compromised, making the exhaust system louder than the original one fitted by the manufacturer. Your vehicle will not receive a warrant of fitness until this problem has been fixed.”

16 How do we protect ourselves against challenges to our noise test judgements?
The LTSA expects WoF inspectors to apply their knowledge, skill and experience to assess whether the vehicle owner compromised the effectiveness of the original silencer, through modification or replacement of their exhaust system. If you have used the skill and care that would reasonably be expected of a competent person with average skills and experience in the type of work required, then you may have protection under the law. This is no different from other judgement tests that are carried out as part of a warrant of fitness.

**********

30 April 2003


Vehicles with noisy exhaust systems


The LTSA has clarified through Infosheet 2.04 (attached) the WOF inspections requirements for exhaust systems should you suspect the vehicle’s exhaust system has been modified. We want to increase the emphasis that will be placed on modified exhaust systems to reduce noise.

The Infosheet explains the reasons underpinning the VIRM requirements, ie. that modified exhausts should not be noticeably noisier than the original fitted by the manufacturer. We have done this to ensure there is a clear point of reference for WoF inspectors and to provide national consistency.

The Infosheet also suggests a simple assessment method in support of any other method you may use currently. Please note that this method is not compulsory but Police may use this method at the roadside to assist them in determining whether a vehicle’s exhaust system is noisy and/or the vehicle is operated in a noisy manner.

As usual WoF inspectors will apply their knowledge, skill and experience to assess whether the effectiveness of the original silencer has been compromised , through modification or replacement of their exhaust system, making the exhaust system louder than the original one fitted by the manufacturer. The method does not require the use of specialist measuring equipment because this equipment is expensive and the testing protocols too onerous to be practicable.

We estimate that, on average, this test will only need to be applied to less than one in every one hundred vehicles tested nationally.

Special requirements for vehicles ‘green-stickered’ for noise or boy racer activities

Coincidentally the Land Transport (Unauthorised Street and Illegal Drag Racing) Amendment Act also takes effect from 2 May 2003. This amendment will see Police giving vehicles a green sticker if they suspect a modified exhaust system is not as effective as the original exhaust at reducing noise.

A vehicle that has been ‘green-stickered’ due to a modified noisy exhaust system or for illegal street racing must be inspected by one of the following vehicle inspection organisations: the Automobile Association, On Road New Zealand, Vehicle Inspection New Zealand or Vehicle Testing New Zealand. This is the same process used for ‘pink-stickered’ vehicles (see sections VIRM).
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Old 05-01-2003, 12:00 PM
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Unless things have changed since I was in high school California has laws saying you can't change an automobiles wheels or exhaust from OEM.
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Old 05-01-2003, 12:10 PM
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Talk about an infringement on freedoms and liberties!
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Old 05-01-2003, 07:13 PM
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Quote:
Originally posted by kgain968
Talk about an infringement on freedoms and liberties!
Actually, it's not. There are noise ordinances in every US state and city, it's just that they are not normally enforced. Just because you like the exaust sound does not mean that you are free to create excessive noise that is bothersome to others. Your freedom ends when it infringes on someone else's freedom.

Aaron
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Old 05-01-2003, 08:26 PM
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suck my tail pipe
 
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that's fine, when you tit;e the car you Must change the ttle to a "custom" version of your stock car, AND tell you insurance "organised crime" company that it is a said and titled custom car.. that's anywhere in the friggin world guy.
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All this talk about all the civic's and such with loud exhausts is pretty silly. Even tho they might be sort of annoyin, they really aren't that loud. Most motorcycles I hear are twice as loud as all these "custom" cars.
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Old 05-01-2003, 11:55 PM
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Does this mean they will make the Harley bikers put mufflers on there straight pipes?

Hee heee
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Old 05-02-2003, 07:21 AM
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"They are not normally enforced"

Also it seems that the test is rather subjective,

And that the owners could be victimized by overzealous law enforcement, or insoection stations. As the "test" is simply an interpration of what is too loud.
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Old 05-02-2003, 08:06 AM
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Quote:
Originally posted by scottmandue
Does this mean they will make the Harley bikers put mufflers on there straight pipes?

Hee heee
Stock harleys are OK, but often the modifications do exceed legal noise limits.

Aaron
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Old 05-02-2003, 11:04 AM
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The city of Cavecreek here in Arizona has begun to enforce its noise ordinances. They have been pulling over a lot of harleys as of late.

On weekends the parking lots of the biker hangouts used to be a sea of chrome but are now less croweded.

It used to be on weekends there was an almost steady roar and rumble of bikes, but now its far quiter. How ever the noise is now comming from the oweners of the local businesses due to the decline of business that the bikers brought.
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Old 05-03-2003, 04:47 AM
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Quote:
Originally posted by kgain968
Talk about an infringement on freedoms and liberties!
And the people who live near roads have freedoms and liberties too - and rights - such as the right not to be disturbed by excessive noise from bad exhaust systems.

Like it or not, in a society you have responsibilities to others in addition to freedoms.

About time they did something about harleys, some of those bikes are completely antisocial.

Mark
Old 05-03-2003, 08:23 AM
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I didn't mean everyone should drive around with straight pipes et al. But that they were infringing on your right to customize your exhaust/car even slightly by the sound of it.....believe it or not, not every exhaust upgrade is noise pollution...... besides I never mentioned anything about Harleys.......

Also it seems that the test is rather subjective,

And that the owners could be victimized by overzealous law enforcement, or inspection stations. As the "test" is simply an interpretation of what is too loud.


They could fail you just out of spite by the sound of it
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Old 05-03-2003, 12:12 PM
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Quote:
Originally posted by AaronM
Stock harleys are OK, but often the modifications do exceed legal noise limits.

Aaron
Aaron, I like Harleys (although not he first thing I would run out and buy if I had that kind of money burning a hole on my pocket) Out here in S, Cali Custom Harley's are all the rage, every legal assistant and investment banker HAS to have one! Straight pipes are almost required if nothing else to draw attention to your very EXPENSIVE shinny new toy!

It really doesn't bother me, my neighbors have to put up with my stereo although I have the courtesy to try not to crank it up after 9PM.

Back to freedom, safety, and deep sea fishing....
What about the person who squeezes tiny tires on big rims thus making his car unmanageable and therefor unsafe to the general public?

Hmmm.
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Old 05-03-2003, 12:40 PM
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Quote:
Originally posted by scottmandue
Aaron, I like Harleys (although not he first thing I would run out and buy if I had that kind of money burning a hole on my pocket) Out here in S, Cali Custom Harley's are all the rage, every legal assistant and investment banker HAS to have one! Straight pipes are almost required if nothing else to draw attention to your very EXPENSIVE shinny new toy!

It really doesn't bother me, my neighbors have to put up with my stereo although I have the courtesy to try not to crank it up after 9PM.

Back to freedom, safety, and deep sea fishing....
What about the person who squeezes tiny tires on big rims thus making his car unmanageable and therefor unsafe to the general public?

Hmmm.
Didn't mean to imply that you had anything against Harleys (personally I'm more partial to Honda's cruisers myself), I just meant that stock Harleys are OK in terms of legal noise limits (IIRC in Ohio it's a certain decibell limit at a certain distance). Here in rural Ohio though, most Harleys are not status symbols.

Aaron
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Old 05-03-2003, 07:11 PM
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“the noise output is noticeably and significantly higher than should be expected for the vehicle.”

I knew about the boy racer rules (illegal street racing and burnouts) - I don't entirely object to that. Basically, I object to the Police having the ability to confiscate the car. I think it is ridiculous to infringe on property rights like that. The only other traffic infringement they confiscate the vehicle for is repeat drunk driving. To me, that suggests that street racing is equivalent to repeat drunk driving...

But the exhaust thing. I predict a number of things if they enforce it properly (which I hope they don't):

- I may get pulled over in my 911. This would be interesting for two reasons. The first is that I have a stock exhaust, but the 911 (the '69) is just really loud (air cooled = loud, 60s/70s exhaust = loud). The second is that I have an engineers certificate to cover the modifications (it has a 3.2 engine where the 2 litre once was), which may provide an escape clause. So - I might get pulled over and told I fail despite having (potentially) two reasons that I can't.

- the guy who bought my old Peugeot 106 Rallye (and all the other 20 owners of the same car throughout NZ) will get pulled over, because it was loud as hell. Factory specification loud as hell though.

- if I drive my race car ANYWHERE, I will get pulled over. It is REALLY loud, thanks to one muffler and big pipes. ALL racecars are too loud. ALL road registered race cars SHOULD fail. How are they going to deal with that?

- what about factory options? For the 911, back in the day (ie the 60s) you could order a factory twin pipe exhaust that is, IMO, obnoxiously loud. Does "factory option" define "factory"? That'd be cool for 911s

- finally, I dunno if you guys have noticed, but the average noisy Honda is 50% induction noise. The wording of the legislation is all "exhaust". Therefore there will be a bunch of Honda guys who stick pretty quiet exhausts on their cars and the biggest, noisiest cone filter they can find up front. Not exhaust noise, but still obnoxious.

If I ever get pulled over, I'm gonna ask how a bus can pass, because most buses pulling away from the lights are louder then my race car...

This is ridiculous. It is the most short sighted law I've ever seen. They should have set a db limit, made all the testing stations buy decent noise level testing equipment, and allowed some modest degree of exhaust modification. But no, they chose "louder than it should be".

Just friggin' stupid.
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Last edited by CamB; 05-04-2003 at 07:38 PM..
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