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Old 24.11.2022, 13:46
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Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

I need some advice on how to resolve a dispute I have with Strassenverkehrsamt ZH regarding accepting homologation certificates for an aftermark exhaust fitted to an imported bike.

I'm trying to be legal !!!

Bike was imported years ago and has a RoadsItalia exhaust fitted. I recently bought the bike . No homologation certificate so I ordered one from RoadItalia in Lugano.

RoadsItalia and BB Motors (a seller) insist the certificate is valid and have been selling these exhausts for years.

STVA ZH rejected and keep asking for more information. To date I've supplied
- Fahrzeus ausweis
- EU Conformity Cert for bike
- EU conformity Certs for exhaust
- CH Homologation certs from RoadsItalia

All clearly shown everything is in order.

The latest response is go back to the importer and ensure everything is conformant with Section 8 of the regulations. Yes - that vague !!!

At this point, I'm 100% sure SVTA ZH is being deliberately obstructive and is adopting the "Schweizermacher" attitude ... which is xenophobic and make life as difficult and unpleasant as possible for foreigners or anyone buying things from abroad.

Can I complain or escalate this to independent arbitrage ?

Yes I could give up but that only encourages the SVTA .... and I hate bureaucrats who generate no economic value in society, are tax payer funded and impose unreasonable restrictions on people's lives.

What to do ?
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Old 24.11.2022, 13:55
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

StVA ZH is usually rather tolerant and follows the ASA 2b. I am surprised you have an issue. This means something is not in order with the papers. Did they say what is missing or incorrect?

(Can you send me a PM with a link to the scanned documents ?)

In the worst you would have to request a "Einprachefähige Verfügung mit Rechtsmittelbelehrung" and then sue at the administrative court. But at that point all must be in order and according the regulations. I know a few exhaust papers, were a single item or required, mandatory, piece of information is missing. Most often you still get a pass at the StVA, but would not in a court as obviously the paper are not in order w/o the mandatory information.
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Old 24.11.2022, 13:55
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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At this point, I'm 100% sure SVTA ZH is being deliberately obstructive and is adopting the "Schweizermacher" attitude ... which is xenophobic and make life as difficult and unpleasant as possible for foreigners or anyone buying things from abroad.
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Old 24.11.2022, 14:04
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

I've attached the Homologation certificates ... one for the muffler and one for the link pipe I guess.
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File Type: pdf roadsitalia_1159.pdf (857.6 KB, 27 views)
File Type: pdf roadsitalia_1141.pdf (857.7 KB, 19 views)
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Old 24.11.2022, 14:08
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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Bike was imported years ago and has a RoadsItalia exhaust fitted. I recently bought the bike . No homologation certificate so I ordered one from RoadItalia in Lugano.

RoadsItalia and BB Motors (a seller) insist the certificate is valid and have been selling these exhausts for years.

At this point, I'm 100% sure SVTA ZH is being deliberately obstructive and is adopting the "Schweizermacher" attitude ... which is xenophobic and make life as difficult and unpleasant as possible for foreigners or anyone buying things from abroad.

What to do ?
Is BB Motors (sounds like a dealership) the seller? If so, let the dealership handle the issue and forget about it.

Also, caveat emptor. All those thoughts and feelings about SVTA ZH may be better redirected to the seller in case they claimed everything's in order during the transaction.
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Old 24.11.2022, 14:28
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

As said, I would need all the papers as they are linked together, each referencing the other.

But we can already see what might be the issue.

Typengenehmigung: X. I do not think BB Motor can give a statement of conformity for a "Typenschein X" vehicle. An X in field 24 of your registration papers means it has a unique vehicle type approval and does not follow a standard production bike, and the vehicles CoC no longer applies.

If however you had X6HA184 (Self imported CBR900RR SC50) in bikes gray paper it might be possible. Now question: Why do you have an X and not X6HA184?

Possible explanation: Your bike did not conform to its CoC when it was registered in Switzerland (maybe because it had not the original exhaust).

How to fix it?
1. Prove that the motorcycle was registered in Switzerland with the current exhaust.
2. See how you can change the X to X6HA184 or 6HA184 (you might need the vehicles original exhaust for this. You hopefully got this as well? Right? You have the original exhaust? A vehicle w/o the original exhaust is a pain in the ass. If you are luck you might find one on ebay. But it must be the very correct exhaust for your vehicle).
3. Get a statement of conformity from FAKT or DTC for your very own bike. This means they will test your actual bike with your actual exhaust and check if it conforms to all laws and regulation. If it does you get the statement which is accepted by the StVA and plus a hefty bill. If not you will only get a hefty bill. In either way the bill will be for more than CHF 1000.
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Old 24.11.2022, 14:33
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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Typengenehmigung: X. I do not think BB Motor can give a statement of conformity for a "Typenschein X" vehicle. An X in field 24 of your registration papers means it has a unique vehicle type approval and does not follow a standard production bike, and the vehicles CoC no longer applies.
Type X means only that the bike was imported. My car has the same. That does not mean you got an unique approval, only that it was not a CH delivery.
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Old 24.11.2022, 14:43
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

The bike was imported from Italy with the exhaust already. It came with EU certs.

BB Motors are a seller in CH, so I only asked them for advice. They said all is in order and they've been selling them for years.

I bought CH certs from RoadsItalia last week ... signed and stamped Lugano office.

The problem here is Strassenverkehrsamt ZH .. technik@stva.zh.ch and the obstructiveness is clearly deliberate.

Anyway I've emailed them to detail exactly what is preventing them from accepting the documentation.
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Old 24.11.2022, 14:52
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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Type X means only that the bike was imported. My car has the same. That does not mean you got an unique approval, only that it was not a CH delivery.
There are two types of X. Just a blank X or an X as part of the type approval number.

Just an X is a unique type approval (it might be a private import, or an type not available in Switzerland, a unique build).
https://www.astra.admin.ch/dam/astra...enehmigung.pdf

An X as part of the type approval number is an import which corresponds a known type available in Switzerland.

If you have just an X you lose the assumed link between your vehicle and the vehicles CoC as the Swiss registration papers do not list the EU type approval number.

I do not claim that the current praxis is correct. There were a lot of shenanigans in the past. For example that the X can be part of the type approval number had AFAIK be decided by the court. Best would be, if the Swiss registration papers would show the EU type approval number of the vehicle. At the very least for those with Typenschein X. Maybe this information is available internally in the IVZ-Fahrzeuge data base (somewhere it must be recorded on what evidence it approved and issued a gray card).

In addition, in theory it should be possible that the exhaust should be approved based on the exhaust statement of conformity and the motorcycles CoC. The tricky part is to prove that, apart from the exhaust, the vehicle is the same as listed in the CoC. At that point the StVA can come up with all crazy excuses, why all the evidence you show are not accepted. Something which is simply not possible if you have a proper type approval listed in your registration papers, as now the StVA must show that the vehicle does not conform to the type approval.
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Old 24.11.2022, 15:13
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

I attach the fahrzeugausweis .... is X

The COC was accepted by them yesterday. Their full response was as follows

Danke für das COC. Anhand diesem ist es möglich das Fahrzeug zu identifizieren und die Emission Klasse zu ermitteln. Das COC wird benötigt, da das Fahrzeug keine Typengenehmigung hat.
Die Bestätigung vom Importeur gemäss Merkblatt 11 noch vervollständigen. Dann kann die Bestätigung anerkannt werden.

What can I do now ?
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Old 24.11.2022, 15:23
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

Merkblatt 11 ... I believe this is it

https://asa.ch/wp-content/uploads/on...019/index.html

and page 6 specifically

All looks ok to me ?
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Old 24.11.2022, 16:02
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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I attach the fahrzeugausweis .... is X
At least it references the vehicles CoC (which btw. you must carry in addition to the gray card).

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The COC was accepted by them yesterday. Their full response was as follows
At least we are going forward. Step by step.

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Merkblatt 11 ... I believe this is it

https://asa.ch/wp-content/uploads/on...019/index.html
The problem with Merkblatt 11 and in particular page 6: It references VO EU Nr, 540/2014 which is not applicable to motorcyles but passenger cars.

A statement of conformity for motorcycle exhaust, which follows the relevant EU regulations, needs much less information.
1. You can either fight this and show that your papers follow the relevant EU regulations for motorcycle exhausts.
2. Claim that the statement you got from BB sport follows the Weisung des EJPD from 29.09.1995 http://www.astra2.admin.ch/media/pdf...9-29_710_d.pdf and ASA 2b (I think it does. Page 6 of MKBT 11 is just an alternative way)
3. Get a statement which has all the information as requested on page 6 of the Merkblatt 11.
4. You ask them, that given the template on MKBT 11 page six is for cars (as it references VO EU Nr, 540/2014) if they have a template for motorcycles according Chapter 9 of Directive Nr. 97/24/EG which I think is the one relevant for your motorcycle.

Note: You will also need the an installation manual (Einbauanleitung) or at least a sketch of all the relevant parts, as this is mentioned in the relevanbt regulations for motorcycle exhausts.
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Old 24.11.2022, 16:22
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

Thanks and I really appreciate your effort to help.
Certainly an education too !

1 / 2 no chance for me. I may have to grind through option 3.

Lets see how they respond tomorrow.
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Old 24.11.2022, 17:47
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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At this point, I'm 100% sure SVTA ZH is being deliberately obstructive and is adopting the "Schweizermacher" attitude ... which is xenophobic and make life as difficult and unpleasant as possible for foreigners or anyone buying things from abroad.

Can I complain or escalate this to independent arbitrage ?

Yes I could give up but that only encourages the SVTA .... and I hate bureaucrats who generate no economic value in society, are tax payer funded and impose unreasonable restrictions on people's lives.

What to do ?
Well if you were able to figure out the rules to such an extend that you are 100% sure you are correct, then I'm sure you'll be able to figure out the next step too.

But based on what you have posted here, I'm with the SVTA on this - you are exactly what they complain about - a know it all foreigner, demanding that they change their ways to satisfy his sense of entitlement.
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Old 24.11.2022, 18:31
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

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At least it references the vehicles CoC (which btw. you must carry in addition to the gray card).
I have the same for a Ducati that I bought new in Italy 15 years ago (at the factory, new and all original).

I also had issues, despite being friends with the local dealer and the importer (and several friends at the factory, including then CEO Federico Minoli). Finally a friend put me in touch the the head of BL STVA, with whom I had a long conversation, fax him everything, and he agreed that there was no problem, and told me to try one more time, otherwise he will let me register it in BL! Took nearly a year!

Tom

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Old 24.11.2022, 18:32
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

Find this thread somewhat exhausting.
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Old 24.11.2022, 22:56
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

Bureaucracy anywhere is frustrating.



I have a collection of cars & bikes and the STVA have been mostly OK over the years. Just now they're stressed me big time !


Switzerland is 100% the best country in the world. Thanks to direct demoracy, Swiss social responsibility & work ethic, I feel very lucky to be here. It truly is a model country.
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Old Yesterday, 16:21
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Re: Strassenverkehrsamt ZH Dispute : Aftermarket EXhaust

I emailed STVA asking what exact detail they still required to be Merkblatt 11 conformant , but no reply.

I had to go there today to update some documents for a car. I asked in the Prufungshalle if they were satisfied with the bike documents. All OK. I even went to the boss in his office, and sat with him to check.

He assured me several time that the documents would be acceptable for MFK, police or customs check ... and I only need to keep the originals with me.

... but said they never update Fahrzeugausweis.

I've asked Honda to confirm the Swiss code as 6HA184 based on Coc, then I can get the documents updated to X6HA184 which can only help in future.

I'll submit the bike for a new MFK in Spring. Should be OK.

Thanks all for the advice.
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