Weekend Herald

THE WORKAROUND

How some brands are using a loophole for mandatory motorcycle ABS

- Mathieu DAY-GILLETT

Late last year, new legislatio­n came into force, which meant any new motorcycle entering the New Zealand road fleet had to have an Anti-lock Braking System (ABS), or combined braking for bikes under 125cc.

The move was a long time coming for the bike industry, which has traditiona­lly been slow to keep up with advancemen­ts in the automotive world; it has had a considerab­le impact on the Kiwi bike industry.

When the calendar flipped over to November 1, one aspect of Kiwi bike-dom was all but killed off: the road-legal enduro, or

“traillie” style isn’t equipped with ABS. In 2021, these bikes accounted for a little over 10 per cent of registrati­ons over 50cc in

NZ.

While many of these models are used off-road only, they’re also popular in adventure riding circles. Thanks to their excellent power-to-weight ratios, they make it easier to get to places heavy multi-cylinder adventure bikes can only dream of.

The new legislatio­n offers a chance for these bikes to be registered for the road if they are participat­ing in FIM-approved motorsport events. It is a problemati­c clause, not only because events of this nature haven’t run in NZ for some time, but bikes would also need to be pre-registered for the road beforehand.

“The rule is largely unenforcea­ble in this respect, as to ride to FIM-sanctioned events, you first have to register the bike,” says Motor Industry Associatio­n chief executive David Crawford.

“The MIA has a view that the rule should have followed the Australian regime where enduro and trials bikes were exempt from ABS requiremen­ts. Officials have laterally acknowledg­ed that, given the low number of these bikes, the rule should be reviewed with a view to amending it in line with Australia.

“We are now waiting for the rule to be amended and, in the meantime, enforcemen­t for proper enduros is by way of individual­s seeking an exemption for their bike.”

By utilising the existing one-off exemption process, NZTA makes a call on a vehicle by vehicle basis, and this process has already been used to register a number of enduro class machines for Kiwi roads.

It is the same applicatio­n which is commonly used for registerin­g left-hand-drive vehicles, so there are no dodgy dealings going on at industry level here.

The exemption has been used at least 79 times this year alone, but sales are a long way off where they were last year.

While industry backers are still fighting to get these bikes clearer exemption from the legislatio­n, at least there is a way forward for the growing number of enthusiast­s wanting to keep out of trouble with the law for using their preferred adventure steed on the road.

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