New exhaust noise consultation open

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Postby Leon » Sat Aug 23, 2008 5:22 pm

BigDon wrote:Leon is MSNZ submitting on this for ALL of the members who have road legal club cars (including myself)? And what are they doing re the ability for our sub 95dba exhausts to be added to our authority cards, which the rules provide for.


Sorry, haven't been MSNZ for a while now.

Exhausts are most assuredly not, in any way shape form how however at all even slightly allowed for on an authority card, so you might want to forgot that rather than start any rumours making people think that 8O
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Postby BigDon » Sat Aug 23, 2008 7:34 pm

Actually you are wrong...

Though I wont be too hard on you because MSNZ did not know this either until I emailed the head technical guy and he was like argh yes your right.

• “2.7(9) Subclause 2.7(8) does not apply to a Class MA or Class MC motor sport vehicle that is:
o "(a) competing in an official Motorsport New Zealand speed race or trial (or being driven directly to or from competition in such a race or trial); and
o “(b) complying with Motorsport New Zealand rules and regulations.
• “2.7(10) The Director may, by notice in the Gazette, appoint an organisation or organisations, having expertise in requirements for vehicles used in motor sport competition, to issue motor sport authority cards for the purpose of this Rule.”
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Postby Leon » Sat Aug 23, 2008 9:19 pm

No, I know about that clause. What I said was that you can't put an exhaust on an authority card. The definition of a motorsport car is one with a motorsport authority card, so if it has a motorsport authority card then it's "excluded".

However, don't read too much into that, as the police can still do you for operating a vehicle in a noisy manner etc.

Yes, I know, it's strange. You can get done for a standard car, if you operate it in a noisy manner, don't ask me how it works.

Also, that clause says operating during an event.

What happens when you come to get a WOF?

What happens when you drive to the dairy?

What happens on the way to the event?

Is rally touring part of the event?

Is that car legal?
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Postby BigDon » Sun Aug 24, 2008 2:27 pm

The Rule that subclause 2.7(10 ) refers to is the "Land Transport Rule - Vehicle Equipment Amendment 2007 Rule 32017/2" not subclause 2.7(9 )

What subclause 2.7(10 ) is saying is that if Gazzeted an authority card can be issued to confirm that the exhause complies with MSNZ rules and is therefore excluded from compliance with this rule 32017/2.

“Motor sport vehicle means a Class MA or Class MC motor vehicle that is:

“(a) used in motor sport competition; and
“(b) operated in accordance with the conditions of a valid motor sport authority card issued to that vehicle by an organisation in 2.7(10).”

“Motorsport New Zealand means Motorsport New Zealand Incorporated.”

This is clearly in line with the "Objective of the Rule"....

...If a light motor vehicle covered by the Rule has been modified, so as to increase the noise output from its exhaust system, and the exhaust noise output exceeds that prescribed by the amendment Rule, the vehicle would have to be certified in the same manner as a low volume vehicle, under the Low Volume Vehicle Code....

http://www.landtransport.govt.nz/rules/ ... 07.html#21

An Authority card is LVV certification.

http://www.lvvta.org.nz/LVV%20Code.pdf

Annex 3 – Specific purposes covered by a LVV Authority Card [refer 2.12]

Compliance with the Appendix Two, Vehicle Safety Requirements for competitions under the National Sporting Code of MotorSport New Zealand Inc, covering only those components and systems that do not comply with applicable requirements for general use on the road and valid for a maximum period of 12 months only.

LVV Authority Card means a certification document, issued under the delegated authority of the Director, specifying alternative safety related equipment required by a vehicle for special purposes defined in Annex 3.

Also your questions are answered by the operation of subclause 2.7(10 ), if you have an authority card, you have a road legal car so thats what you use if you go to the dairy etc and 2.7(9 ) covers to and from the event.
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Postby NZ_AE86 » Sun Aug 24, 2008 9:07 pm

BigDon wrote:
Also your questions are answered by the operation of subclause 2.7(10 ), if you have an authority card, you have a road legal car so thats what you use if you go to the dairy etc and 2.7(9 ) covers to and from the event.


Just a small problem with that. You can not get a WOF with an Authority Card at the moment! Well not a legal WOF as if you were to refer to the VIRM an Authority Card is a large laminated card that is issued by Motorsport NZ when in fact an Authority Card is credit card sized piece of plastic which looks nothing like the Authority Card that you can get a WOF with.
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Postby rolla_fxgt » Mon Aug 25, 2008 11:58 am

NZ_AE86 wrote:
BigDon wrote:
Also your questions are answered by the operation of subclause 2.7(10 ), if you have an authority card, you have a road legal car so thats what you use if you go to the dairy etc and 2.7(9 ) covers to and from the event.


Just a small problem with that. You can not get a WOF with an Authority Card at the moment! Well not a legal WOF as if you were to refer to the VIRM an Authority Card is a large laminated card that is issued by Motorsport NZ when in fact an Authority Card is credit card sized piece of plastic which looks nothing like the Authority Card that you can get a WOF with.


Surely thats just a legal drafting error, which i'm pretty sure means the smaller version of the authority card is still legal in the eyes of the law (judges), as its just the prescription of what constitutes the authority card is wrong, not the substance of the law.

I'm no lawyer, I've just done a few law papers & thats what I understand is the practice of it. Kind of like if there was a law that still said something costs 10 pounds, or all laws have to be type written, or written on valum, everyone knows that the laws still stand, its just common sense needs to be used, so 10 pounds becomes $10, and laws can be written with a computer, and they can be in electronic or paper form.
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Postby BigDon » Mon Aug 25, 2008 2:30 pm

NZ_AE86 I guess your referring to section 8 of the definitions section headed sample certification documentation? If not let me know the section you’re referring to so I can take a squizz.

As this is only "sample documentation” and not prescriptive the new cards should be valid as long as they meet the definition below.

Low volume vehicle plate, label or authority card means a plate, label or authority card issued in accordance with the Low Volume Vehicle Code.

Per the LVV code an LVV Authority Card means a certification document, issued under the delegated authority of the Director, specifying alternative safety related equipment required by a vehicle for special purposes defined in Annex 3.

Based on the above it seems clear that apart from being a document. It has no set format per se but must provide a number of prescribed details. I have not seen anything in the VIRM that says the card must be z by y by c laminated card etc etc. i.e. prescriptive as to its appearance.
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Postby NZ_AE86 » Mon Aug 25, 2008 9:43 pm

I was more trying to point out that regardless of what the law says it is always going to be how it is 'read' and by who.

What people need to remember is that the police are not out to get them. If your car gets nice coloured sticker on its windscreen you either have a car that is too loud or you were driving like a dick!

These new exhaust laws will have holes in them and will not make sense in all cases but almost all laws have something wrong when put in practice.

You can't please everyone all the time!
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Postby BigDon » Mon Aug 25, 2008 11:22 pm

Unfortunately with this new rule the cops will be out to get everyone because it makes every single car with a modified exhaust a ticket target. That is simply not on.

If you’re operating the vehicle in a noisy pain in the ar3s manner then you are probably being a d8ckhead. But what is this going to apply to. For instance, you drop your car back to third gear to pass someone, you have a modified exhaust, a cop hears it and pulls you over for operating the vehicle in a noisy manner because in his opinion you could have passed in a higher gear even though it means you spend more time on the wrong side of the road. Where does it end.....
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Postby big-ben-007 » Mon Aug 25, 2008 11:26 pm

BigDon wrote:Where does it end.....


Switzerland? 8O
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