A Brisbane Barrister has called on the Queensland Government to throw out the current exhaust laws after two cases against riders were dismissed in the Brisbane Magistrates Court on 14 September 2020.
Barrister Levente Jurth, who wrote an article for Motorbike Writer in 2016 saying aftermarket exhausts were not illegal, says the current rules are “unworkable”.
The Magistrates Court of Queensland at Brisbane recently found Levente’s clients, Craig Rowland and Jason Tziros, not guilty and dismissed charges against them relating to their motorcycle exhausts exceeding the relevant stationary noise level under section 5(1)(a)(vi) of the Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 2010.
The Department of Transport and Main Roads who ran the prosecution was also ordered to pay $1500 in legal costs.
Mr Rowland and Mr Tziros were charged in a police operation on Mt Tambourine in May 2018 after having their Harley Davidson motorcycle exhausts tested by Senior Constable Paul Hocken of the Road Policing Command, Road Policing Task Force, Boondall, the State’s most senior and most experienced exhaust noise tester.
The Court found that the mandated test procedure set out in the National Stationary Exhaust Noise Test Procedure for In-Service Motor Vehicles – September 2006 required strict compliance for a valid noise test to support a charge and Senior Constable Hocken had failed to comply with it in a number of respects.
His errors included failing to properly calibrate the sound level meter and failing to properly measure the position of the microphone of the sound level meter.
“When the requirements for obtaining a valid noise test are so complex that it involves lengthy legal argument in court and the State’s top cop with some three decade’s experience and one of only two police officers qualified to train other police officers in exhaust noise testing cannot get it right, it’s time to throw the current rules out and start again,” Mr Jurth said.
“This case has demonstrated that the current rules are simply unworkable, both from the point of view of riders attempting to comply with them as well as police officers attempting to enforce them.”
The news just gets worse and worse for riders who enjoy a fruity exhaust note as the noise crackdown intensifies across Europe.
We recently reported on Germany’s crackdown with special noise cameras, no-go areas and an 80dB limit on motorcycle exhausts that could make all BMW motorcycles quieter.
Now Austria will ban specific motorcycles with exhaust noise over 95dB on a popular 100km motorcycle route through the Tyrol mountains after receiving complaints from residents.
Bikes that will be barred from this road include the Aprilia Tuono, Aprilia RSV4, BMW S 1000 RR, Ducati Hypermotard, Ducati Multistrada 1260, Ducati Diavel, Kawasaki Z900 and KTM 890 Duke.
Police will do spot checks on motorcycles and can hand out €220 (about $A350) on-the-spot fines.
Crackdown intensifies
We could appreciate a crackdown on exceedingly loud aftermarket exhausts, but these bikes are all legally allowed to have more than 95dB under European regulations.
Somehow Austria thinks this area is exempt from European laws.
And what is worse is that the ban only applies to motorcycles, not cars or trucks or buses! That’s discrimination, pure and simple.
Like the German example, this is a sobering precedent that could be picked up by safety and noise pollution Nazis across the world.
It follows moves by several other European countries to close roads to motorcycles because of noise and banning them from certain areas over weekends and public holidays.
Quieter roads
Police conduct roadside noise test at Mt Tamborine
It may seem heavy handed, discriminatory and ignoring the perceived safety benefits of “loud pipes save lives”, but it’s nothing compared with Indian police methods.
Germany is cracking down on noisy exhausts with special noise cameras, no-go areas and an 80dB limit on motorcycle exhausts that could make all BMW motorcycles quieter.
The government is yet to vote on the proposals. If these measures are approved, it could have ramifications beyond its borders.
Apart from other authorities copying the moves, it could mean all BMW bikes are quieter as it is unlikely the company would build separate specification bikes for various markets.
The measures also include banning all but electric vehicles from certain areas on Sundays and public holidays and giving police impound rights for noisy offenders.
It follows a February move by German state Baden-Wurttenberg which first proposed the crackdown and a complete ban on aftermarket exhausts.
Several other European countries are also closing roads to motorcycles because of noise andbanning them from certain areas over weekends and public holidays.
Noise cameras
Paris noise camera
Germany plans to use similar noise cameras to those trialled by the UK Department of Transport and French noise pollution agency Bruitparif last year.
While they are set up to detect any noisy vehicles, the Parisienne devices are specifically targeting motorcycles with one set up in Saint-Forget, a hilly rural area near Paris popular with riders.
These “noise cameras” or “noise radars” are still under trial and no fines have been issued fines yet, but it may not be long before they are being used in Australia and other countries.
Last year we contacted police in each state and received mainly non-committal replies saying they monitor the development and introduction of all traffic enforcement technologies around the world.
WA Police were the only ones to admit they were actively monitoring the UK prototype noise cameras and said they would “seek information on its operational effectiveness”.
Queensland Transport and Main Roads say they have trialled other equipment but only to detect noise levels of heavy vehicles.
“Although the technology can potentially be used for detecting noisy, modified or defective exhausts in light vehicles and/or motorcycles there is currently no plan to extend the trials or legislation to include those vehicles in Queensland,” a spokesperson told us.
Quieter roads
Police conduct roadside noise test at Mt Tamborine
It may seem heavy handed, discriminatory and ignoring the perceived safety benefits of “loud pipes save lives”, but it’s nothing compared with Indian police methods.
Singapore plans a carrot and stick approach to phase out fossil-fuel-powered vehicles by 2040 with a raft of attractive incentives for electric vehicles on top of bans on some fossil-fuelled vehicles.
The carrot includes a 45% rebate up to $20,000, an increase in charging points from 1600 to 28,000 and a cheaper lump-sum road tax to offset losses in fuel taxes.
Singapore’s electric car population currently stands at 1125, or just 0.18% of the 631,266 vehicles on the road.
Singapore is the the most expensive place in the world to own a car, yet it has more Maseratis, Ferraris and Lamborghinis per capita than anywhere else in the world.
Banning new cars has not stopped the super-rich who just buy an old car, trash it and replace it with their supercar.
So they have chosen the carrot of incentive measures on top of the stick approach of bans in an effort to reduce both air and noise pollution.
While motorcycles are at this stage excluded from the UK timeframe, they will not be exempt in the long run. It’s just a matter of time.
Lux ResearchSenior Analyst Christopher Robinson is skeptical of most of these announcements, except for Singapore.
“First and foremost, Singapore’s vehicle fleet is quite new, with the average age of a vehicle being just 5.46 years, making the time required to turn over the entire fleet of vehicles much shorter than that of other countries,” he says.
“The country focuses on transportation as a pillar of its Smart Nation initiative, and as a significantly smaller country of 5.5 million, enacting strict regulations and enforcement wouldn’t be as challenging as in larger automotive markets.”
He originally said all new cars and utility vehicles manufactured in the country would be electric by 2030, but he backed down after an industry backlash.
However, he is waving a $1.4 billion carrot to manufactures to make electric motorbikes and scooters, plus road tax exemptions for owners of electric vehicles.
Meanwhile, fossil-fuelled bikes face much tougher emissions regulations.
India is one of the biggest automobile manufacturers in the world, producing 4.6 millions cars last year.
It is also the biggest motorcycle and scooter market in the world with more than 21m sales a year. That is a sixth of the world’s motorcycle sales.
Sales of electric scooters in India more than doubled from 54,800 in 2016 to 126,000 in 2018, but they dropped last year as people are waiting for rebates from Modi’s EV plan.
Indian motorcycle companies Hero Electric, Ather Energy, Emflux, Twenty Two Motors, Okinawa and many other start-ups produce electric scooters and motorcycles.
Australia EV plans
In Australia, the Greens want a similar ban, the ALP plans 50% of new vehicles will be electric by 2030 and the Coalition projects 25-50% will be electric.
No matter what Australia “decides”, the matter would be out of our hands if the world stops making fossil-fuelled vehicles.
The writing seems to be on the wall … our beloved bikes are eventually heading for extinction asdisturbingly presented in the dystopian film, The World’s Last Motorcycle.
It depicts a future dominated by autonomous vehicles where motorcycles are banned not only because of pollution, but because of safety.
Several European countries are closing more and more roads to motorcycles because of noise while one German state proposes a crackdown, including rolling off the throttle in built-up areas and a complete ban on aftermarket exhausts.
Baden-Wurttenberg state government’s noise protection office and local councillors also want tighter rules on adjusting the tune of factory-fitted exhausts on new models, more police monitoring and a shift towards quiet electric motorcycles.
Riders will also be banned from certain areas over weekends and public holidays as in several other countries such as the Netherlands and throughout Germany.
While they are set up to detect any noisy vehicles, the Parisienne devices are specifically targeting motorcycles with one set up in Saint-Forget, a hilly rural area near Paris popular with riders.
These “noise cameras” or “noise radars” are still under trial and no fines have been issued fines yet, but it may not be long before they are being used in Australia and other countries.
We contacted police in each state and received mainly non-committal replies saying they monitor the development and introduction of all traffic enforcement technologies around the world.
WA Police were the only ones to admit they were actively monitoring the UK prototype noise cameras and said they would “seek information on its operational effectiveness”.
Queensland Transport and Main Roads say they have trialled other equipment but only to detect noise levels of heavy vehicles.
“Although the technology can potentially be used for detecting noisy, modified or defective exhausts in light vehicles and/or motorcycles there is currently no plan to extend the trials or legislation to include those vehicles in Queensland,” a spokesperson told us.
Noise crackdown
Police conduct roadside noise test at Mt Tamborine
It may seem heavy handed, discriminatory and ignoring the perceived safety benefits of “loud pipes save lives”, but it’s nothing compared with Indian police methods.
Police are allegedly fining riders who remove the catalytic convertor or cat from their motorcycle, according to several motorcycle dealers.
While the replacement of the muffler or exhaust system may contravene noise rules, removing the cat has nothing to do with noise, but with air pollution.
The cat is that ugly metal box often underneath your motorcycle.
It burns red hot to reduce toxic gases and the size of pollutants in the exhaust gas.
Some actually claim it causes more asthmatic reactions because it reduces the size of the airborne carbon which infiltrates the lungs easier.
Despite exhaustive legal research, he says he can find no mention in the ADRs of removing a catalytic convertor being illegal.
However, there remains conflicting views over whether it is illegal to remove the cat.
Mark Barnett, Product Manager for Link International which distributes Arrow exhausts says the gaseous emissions laws under ADR 79.04 do not apply to scooters, motorcycles or trikes.
“Some of our dealers have said they know of riders being prosecuted for removing cats,” Mark says.
He says the Federal Department of Transport and Regional Services told him that ADR 79.04 would never be applied to motorcycles as it was “too difficult to enforce and the numbers are too small to make it worth their while”.
However, Motorcycle Council of NSW exhaust expert Brian Wood says bikes are also subject to environment laws.
“Once registered, a vehicle becomes subject to the ‘in-service’ regulations that apply in the state in which the vehicle is registered,” he says.
“In NSW, most ‘in-service’ regulations are administered by the Roads and Maritime Services (RMS).
“In the case of exhaust emissions, it’s the NSW Environment Protection Authority.”
He says that under the NSW Clean Air Act, it is an offence to remove, disconnect or impair a system.
The offence for an individual is 200 penalty units. A penalty unit is current $110. So 200 penalty units would be $22,000.
Similar rules apply around the country.
So while you may be able to remove the cat under ADRs, you may run foul of environment laws.
Aftermarket exhausts
While on the subject of aftermarket exhausts, Mark says the ADRs override local state rules.
“We’ve had TMR officers in Queensland going to dealerships and saying every bike on the plot fitted with an aftermarket exhaust is illegal and the fine is $550,” he says.
“This is not true. A European homologated exhaust is legal under ADR and therefore is legal in all states and territories in Australia.
“I had an email from a TMR policy office agreeing that an aftermarket exhaust is legal providing it complies to ADR 83.00 and that for a LAMS bike it does not improve the engine performance.
“That’s a ‘gotcha’ for LAMS as most aftermarket exhausts will give an improvement, albeit in Arrow’s case only slight with the dB killer in place.
“However, for some bikes this may break the 150kW-per-tonne LAMS power limit.”
Brian also points out that the ADRs only apply up until the bike is registered and rolls out of the showroom.
Conclusion?
Sorry we can’t be more definitive on the legalities of removing a cat.
It seems to be a grey area that is exploited by police and transport officials to penalise motorists.
Stay tuned for Levente’s challenge to the laws. He is hopeful of a win that will set a legal precedent for all riders.
We will have the verdict on his case as soon as it is available.
Do loud pipes really save lives or is it more about machismo and attention-seeking behaviour?
This hilarious video lampoons the latter theory.
Loud pipes theory
I won’t be popular for this, but “Loud Pipes Saves Lives” is a theory, not a proven fact.
I’m sure many readers will provide examples of how they reckon a loud motorcycle exhaust saved their lives.
But let’s look at this scientifically.
Supporters of this contention say that loud pipes alert motorists that there is a bike somewhere about.
In a situation of impending collision, the bike is approaching the vehicle it is about to collide with, right? It’s not going in the opposite direction, is it?
They may be approaching from the side, from in front or from behind, but they are not riding away from the vehicle with which they are about to collide.
So the noise of the bike really needs to precede the bike to alert the impending collider, right?
But exhaust pipes don’t face forward. They face backward with the bulk of the noise trailing behind, not going out in front of them.
High frequency sounds are easy to discern direction. However, low frequencies such as exhaust noise can be omnidirectional.
That makes it difficult for a driver in an air-conditioned cabin with the radio on to discern where the noise is coming from.
Guilty driver
I have been guilty of driving a car and having no idea that a motorcycle is rapidly riding into my blind spot. Not until they are alongside or already past do I actually hear their exhaust pipe.
Just how loud would exhaust pipes have to be for people in front to hear them clearly and be a truly effective safety alert?
Rather than adding to the already cacophonous state of our urban traffic, wouldn’t it actually be better and safer for riders to alert traffic with a short blast on the horn?
If you are riding along a street and see a car sitting at an intersection and you are not sure they have seen or heard you, wouldn’t it be more effective to give a couple of quick taps on the horn to gain their attention?
A horn blast surely has more of an alert tone than the gradually increasing rumble of an exhaust pipe facing the wrong way. (Be aware that in some jurisdictions, blowing the horn may be illegal, except for emergency warnings.)
There are other things you can do to get yourself noticed such as changing speed and moving around in your lane. (Dare I say, bright riding gear may help, but certainly not your machismo.)
All these proactive safety measures are much better than the ingrained and misguided trust in the safety values of a loud pipe.
In fact, reliance on a loud pipe could be hindering your active safety avoidance measures and placing you and your machismo in greater danger.
Machismo note
Don’t get me wrong, I love the sound of a baritone exhaust note. Not that gets my machismo going! That rumbling sound is music to my ears and motivation to my soul.
However, I detest those barking, angry pipes that give me a headache and only serve to upset most of the population.
In fact, noise (barking dogs, traffic, trains etc) is the most complained about issue in suburban life. Do we really need to attract more anger against bikes and bikers?
While loud pipes may not necessarily save any lives, they most assuredly are bad PR for a minority group that gets enough bad press as it is.
Let’s be honest, the people who advocate loud pipes love the sound of the pipes and/or love people hearing them and being intimidated.
Just go back and watch the video again.
While I’ve never witnessed a loud pipe saving my life or anyone else’s I have witnessed loud pipes causing dogs to start barking and horses to run into barbed wire fences.
Favourite noise
My favourite bike noise is actually the roar of the bike inhaling, rather than exhaling. The MV Agusta Brutale has beautiful “organ pipes”, but it’s the induction roar that is absolutely glorious.
And best of all, it sounds like a Singer sewing machine when it goes past pedestrians, motorists, dogs and horses. That’s because the induction sound is cleverly pointed at the rider and not the passerby.
Motorcycle and car manufacturers have been spending millions of dollars on research into how to best channel these “good” sounds toward the rider/driver rather than at the passing scenery.
This has mainly been forced on them by increasingly stringent noise limitation laws, but the byproduct is that we get more entertaining motorcycles to ride and we cheese off fewer motorists, pedestrians, dogs and horses.
What do you think about loud pipes? Leave your comments in the box below.
The end appears to be coming for noisy motorcycle exhausts as noise detection devices are being trialled in the UK and Paris while Australian authorities monitor the trials.
Both the UK Department of Transport and French noise pollution agency Bruitparif are trialling devices that detect the noise, identify the culprit, take a photo and can even automatically issue a fine.
While they are set up to detect any noisy vehicles, the Parisienne devices are specifically targeting motorcycles with one set up in Saint-Forget, a hilly rural area near Paris popular with riders.
These “noise cameras” or “noise radars” are still under trial and no fines have been issued fines yet, but it may not be long before they are being used in Australia and other countries.
When the UK trial was announced in June, we contacted police and road authorities in each state to gauge their interest in the noise cameras.
We received mainly non-committal replies saying they monitor the development and introduction of all traffic enforcement technologies around the world.
WA Police were the only ones to admit they were actively monitoring the UK prototype noise cameras and said they would “seek information on its operational effectiveness”.
Queensland Transport and Main Roads say they have trialled other equipment but only to detect noise levels of heavy vehicles.
“Although the technology can potentially be used for detecting noisy, modified or defective exhausts in light vehicles and/or motorcycles there is currently no plan to extend the trials or legislation to include those vehicles in Queensland,” a spokesperson told us.
How the systems work
The UK DoT could not supply us with any images of the camera or details of how they work, but they did provide this tiny drawing showing a camera pointed at an oncoming car.
Surely the camera should be behind the vehicle!
They say the camera function will identify the type of vehicle and its legal sound level (decibels or dB) to assess whether to apply an infringement.
In Europe, motorcycles have maximum noise levels of 73-77dB, depending on engine size, while cars are about 82dB.
Australia has much more lax levels of94dB level for motorcycles (100dB if built before 1984) while it’s 90dB for cars (96dB before 1983).
But since the requirements for testing noise levels are so complex and prone to inaccuracies, we wonder about the accuracy of a device positioned up a light pole.
However, French noise pollution agency Bruitparif says their device is very accurate.
It has four microphones that measure decibel levels every 10th of a second and triangulates the source of the sound.
The device displays a picture of an “acoustic wake” as a trace of coloured dots trailing a vehicle.
Bringing you the Best Motorcycle News from Around the Web!
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok