Professionals listening to noise
OFDAM, a group of manufacturers and distributors of exhausts, is organizing a symposium on the new obligations concerning mufflers during the 2nd Professional Motorcycle and Scooter Days. The explanations of the president of OFDAM.
"The motorcycle exhaust market is changing rapidly and all economic players must have up-to-date information in order to be able to act legally and with full knowledge.", estimates François Cominardi, commercial director of Remus France and president of, who is organizing an information meeting for motorcyclists as part of the second, on January 11 and 12 in Montpellier..
After the judicial liquidation of MIG (read), the subject is indeed rather hot and this meeting proposes to present to professionals "the texts of laws to know to expose exhausts in all peace" and the "case of exemption for competition exhausts".
Moto-Net takes stock of a rapidly changing market with the President of OFDAM and current Commercial Director of Remus France, François Cominardi.
Evolution of legislation
Since February 20, 1991, a dispensation from the Ministry of the Environment is required to manufacture, import, sell, rent or use an exhaust system that can be adapted to a vehicle approved under the Highway Code. However, in 2001, any request for exemption was frozen at the Ministry of the Environment: several manufacturers and distributors were pinned down by the General Directorate for Competition, Consumption and Fraud Control (DGCCRF), even in the presence of good specific order certifying that the exhausts were truly intended for competition…
"As the former Sales Director of Devil for seven years and current Commercial Director of Remus, I reacted", explains François Cominardi,"because if there are no exemptions, there are no more races! Or, all the teams in the race are illegal, including those whose motorcycle clubs represent public prosecutors !".
Hence the creation of OFDAM in September 2001, which brought together 18 French exhaust manufacturers and distributors: AMV Exo 7, Arrow, Devil, Giannelli, IXIL, Marving, Micron, MIG, Moriwaki, MIVV, Ninja, Remus, Sito Leovince, Sebring, Termignoni, Thunder, Tournay Distribution and Yoshimura. His goal is to "bring together motorcycle accessories professionals in relation to market developments"and"anticipate the toughening of laws".
Unapproved exhausts have practically disappeared from the circuit
In 2002, OFDAM was invited to a "interministerial reflection on exemption procedures"and manages to obtain exemptions issued under the previous conditions, with a specific competition order form.
But the conditions for exemption were modified again in April 2003. OFDAM is therefore currently negotiating with the French Motorcycling Federation (FFM) and the Minister of Ecology, the inescapable Roselyne Bachelot, to relax the exemption procedures in 2004 , judged "discriminatory for French manufacturers and distributors, as well as for French pilots". Because if, in 2001, nobody could foresee the reinforcement of the repression on the unapproved exhausts,"in 2003 I can assure you that sales of unapproved exhausts practically disappeared from the circuits", specifies François Cominardi.
The difficult training of the police…
"Today, manufacturers have succeeded in developing new, lighter homologated exhausts, with more present sounds, legally thanks to a new interior which combines the "absorption" system of racing pots and the "reflection" system of homologated exhausts.", he continues.
Unfortunately, the cops do not always make the difference and continue to line up motorcyclists who have simply replaced the original exhaust with an approved aftermarket exhaust … "Law enforcement officials (including municipal police with less training) do not always know how to distinguish an approved exhaust, or often assume that the user has modified their exhaust. Comforted by the current noise abatement, they punish with all their might, without verification or with erroneous verifications. It’s an abuse of power and we must not let it go !", exclaims the president of OFDAM.
Seizure of exhausts is illegal
This year, the day after the Mondial closes, Roselyne Bachelot announces that a new decree allowing the seizure of unapproved exhausts will be promulgated in November. But in December, still no news of the said decree !
"As long as the text has not been published in the Official Journal, the seizure of motorcycle exhausts is therefore illegal under the Highway Code.", estimates the president of OFDAM.
On the other hand, both for sale in stores and for use on the road, the exhausts engraved with an E followed by numbers are approved on the road, as indicated in Article 2 of Directive 1999/101 / EC. of December 15, 1999: "from 1 April 2000, the Member States may not, for reasons linked to the permissible sound level of the exhaust systems of motor vehicles, refuse EC type-approval (…) of an exhaust system, nor prohibit commissioning of exhaust systems".
This text only reinforces Article R321-12 of the Highway Code, which provides that "any equipment or system whose type has been the subject of EC or equivalent type approval and bearing the appropriate mark may be marketed freely".
François Cominardi therefore makes an appointment with all the professionals concerned Sunday January 11 and Monday January 12 at 3 p.m., as part of the JPMS 2004, at the Parc des Expositions in Montpellier..
"OFDAM recommends avoiding high speeds in the city and at night and avoiding gratuitous provocation, because that is the price that we will find a little peace of mind", concludes this enthusiast who has been involved for many years in a file that he knows like the back of his hand … An evidence that deserves to be recalled regularly, as it is true that the minority behavior of a handful of loopholes can very easily fall on an entire community…
Eric MICHEL
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