DOC23/433577 – 1
Phil Johnston
Email: scribepj@bigpond.com
Electronic mail
23 May 2023
Dear Phil
Re: What NSW Govt. regulatory authority requires registered motorcycles to
be regularly compliance tested for the muffler exhaust noise limit of 94
decibels?
Thank you for your email and for your raising your concerns about exceedingly
loud exhaust noises on motor cycles on the Old Pacific Highway north of Cowan.
In NSW, there are three main bodies who are involved in the regulation and
responsibility for managing motor vehicle noise, including motor cycles.
Transport for NSW are the primary agency and are responsible for motor vehicle standards in NSW.
The NSW Police Force are responsible for on-road standards and
driver behaviour and the NSW Environment Protection Authority (EPA) regulate
stationary noise emissions.
The EPA has a robust regulatory program in place to minimise the environmental
impacts of non-compliant cars and motorbikes operating on NSW roads. As part of
the program the EPA has established the Noise Testing and Anti-Tampering
Inspection Scheme. Under the scheme the NSW Police Force, Council Officers and
members of the community are encouraged to submit reports of vehicles which they
believe to be emitting excessive noise.
Following a report made to the NSW EPA by a member of the community and provided
the report contains sufficient details of the vehicle in question, (i.e., make,
model, colour, registration number), in the first instance of a report being
received, the EPA will issue an advisory letter to the registered owner of the
reported vehicle. The advisory letter offers the opportunity to the vehicle
owner to have the vehicle’s exhaust checked should they wish to.
A second or subsequent report received from a member of the community (21 days
after the issue of the advisory letter) may result in the EPA issuing a Vehicle
Inspection Notice, which requires the vehicle owner to have the vehicle exhaust
noise tested at an EPA Approved Inspection Station. If the vehicle fails the
noise inspection, then they must rectify their exhaust and have their vehicle
retested. Failure to comply can result in suspension of vehicle registration.
The EPA’s role is to regulate stationary exhaust noise limits under
environmental legislation, while NSW Police are primarily responsible for the
on-road enforcement of motor vehicle standards under road transport legislation
and as such, NSW Police officers can issue on the spot defective vehicle notices
whenever they inspect a vehicle and believe that the vehicle does not comply
with the relevant standards including standards relating to exhaust noise.
2
The EPA works with community members, council rangers and NSW Police to identify
noisy vehicles and a robust compliance program has been developed to effectively
support the enforcement of noise limits. As part of the program, EPA officers
participate in joint operations targeting noisy and illegally modified vehicles
with NSW Police and Transport for NSW officers. These operations are run at the
request of NSW Police Local Area Commands as they are primarily responsible for
on-road enforcement.
To report noisy vehicles, please go to
https://www.epa.nsw.gov.au/your-environment/noise/vehicle-noise/reporting-noisy-vehicle-exhaust.
This webpage will guide you on how to report a noisy vehicle and what
information is required. The webpage also outlines what actions will be taken
once the vehicle’s details are matched with a vehicle registration.
To learn more about the penalties for different vehicle noise offences, and our
advice on reducing noise from motor vehicles, please refer to our webpage
https://www.epa.nsw.gov.au/your-environment/noise/vehicle-noise
Yours sincerely
Sherryn Cabardo-Oclarit
Unit Head – Regulatory and Compliance Support Unit
Regulatory Operations Regional