What Mikey said above. 'Nearly' worn doesn't mean worn therefore its non defectable.
The EPA's 90db stationery exhaust noise limit is a joke. I reckon 9/10 performance cars built after 1983 would fail this unrealistic expectation imposed on us.
Something I would like questioned by the newly formed AMEP political party, is the bias toward newer cars having an allowance of +5db over their prescribed exhaust noise limit, when older cars do not.
If we can get 90db+5db to cater for wear and tear on our exhaust systems then it would allow some extra lee-way to 95db.
As you know Varex mufflers are classified as temporary noise control devices and are subject to clause 18 in the Protection of the Environ Operations (Noise Control) Regulation 2008.
It was the high and mighty politicians who brought clause 18 in back in 2008 and we can thank all the doof-doof dickheads around Brighton-Le-Sands in Sydney for creating a public nuisance and having that law imposed on us.
The EPA uphold the ADR and this means that any non standard exhaust system is theoretically illegal and must be tested. The police have the power to refer you to have a noise test at an EPA testing facility to prove compliance if they are unsure, or they have the authority to issue on the spot fines if they deem that your exhaust is clearly making in excess of 90db and running a non standard exhaust system [subject to police officer's personal opinion = dangerous].
The only way to change the dba level and the way it is upheld by the EPA and Police is to have the ADR amended in parliament.
Support the Australian Motor Enthusiast Party (AMEP) and we will all benefit by working with the govt agencies to create a fairer and realistic level that's 'workable', because clearly 90db is not!.
Here's the current stance on the exhaust noise level and ADR Regulation:
Prescribed noise levels for exhaust noise
Exhaust noise from vehicles should not exceed the prescribed noise levels referred to in clause 4 of the Regulation. The levels depend on whether the vehicle is certified to Australian Design Rule (ADR) 83/00 (which came into force progressively from 2005), or to earlier ADRs.
For vehicles certified prior to ADR 83/00, Schedule 1 of the Regulation specifies the prescribed noise levels. For cars built before January 1983, the maximum noise level is 96 decibels and for newer cars the level is 90 decibels. For motorcycles built on or after 1 March 1984, and designed or manufactured for use on a road, the level is 94 decibels. The noise level for other motorcycles is 100 decibels.
For vehicles certified to ADR 83/00 and with compliance plate dates of 1 September 2011 or earlier, the prescribed noise level is the higher of either the level in Schedule 1 or the ADR 83/00 signature level plus 5 decibels. For vehicles with compliance plate dates after 1 September 2011, the prescribed noise level is the ADR 83/00 signature level plus 5 decibels.
ADR83/00 signature noise levels can be found on the federal Department of Infrastructure and Transport's website at
www.infrastructure.gov.au/roads/environment/noise.aspx
.
When the prescribed noise limits are exceeded, EPA authorised officers can issue penalty notices for offences. There is a tiered scale for fines - the louder the exhaust noise from vehicles, the greater the penalty (see
Table 1).
You can ensure that the exhaust noise from your vehicle is acceptable by regularly maintaining your exhaust equipment (i.e. mufflers) and avoiding fitting non-standard components that cause increased exhaust noise.
Defective noise control equipment
Vehicle owners and operators should ensure that their vehicles are not fitted with defective 'noise control equipment' (Clause 18 of the Regulation). Noise control equipment covers both exhaust systems and engine components. Defective equipment is defined as equipment that:
allows gas to escape from a place other than the intended exhaust outlet
allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer and, if the equipment is part of the exhaust system, an authorised officer reasonably believes its noise level is above the prescribed level, or
has been modified in a way that an authorised officer reasonably believes makes it less effective than it would have been if it hadn't been modified, and, if the equipment is part of the exhaust system, an authorised officer reasonably believes its noise level is above the prescribed level.
Clause 18 of the Regulation also makes it an offence if a vehicle's noise control equipment is not securely in place or is removed and not replaced. This means exhaust system components (such as mufflers and baffles) and other noise control equipment fitted to the engine must be properly fixed in place and not be missing.