Forexample, sub-section 10(1)(a) of the Regulations prohibits, absolutely, a personfrom modifying the chassis of a light vehicle (subject, of course, to any applicableexceptions in sub-section 10(2) of the Regulations). wBW providessubjective opinionsand information on hard-to-find and unique motorcycling products. 95. A light motor vehicle is defined in Schedule 4 to the Regulations as:a motor vehicle that is a light vehicle. It may be accepted that in a majority of cases but not in all cases theaftermarket exhaust is louder than the stock or factory fitted exhaust. Fines can be a few hundred dollars right through to confiscation of the vehicle under Queenslands draconian so-called anti-hoon laws. 57. When buying a second hand vehicle in good faith from a dealer they are sold with road worthy certificates which indicate (to the layman) that they comply with all road safety regulations. We are the leaders in exhaust, emissions and undercar performance in Australia. 2. 42. 86. The National Stationary Exhaust Noise Test Procedures for In-Service MotorVehicles published in September 2006 by the National Transport Commissionand referred to in section 131(1) of the Vehicle Standards is available at this URL. The National Code of Practice for Light Vehicle Construction and Modification(herein called the National Code of Practice) and the Queensland Code ofPracticeVehicle Modifications are available at the following URL: http://www.tmr.qld.gov.au/Safety/Vehicle-standards-andmodifications/Vehicle-modifications/Light-vehicle-modifications.aspx#qcop. (d) no further than the edge of the vehicle at its widest point. See our review policies for more information. Ordinarily, the expression modify would connote that the original devicecontinues to exist, albeit in a form which is somehow altered, rather thandiscarded and replaced. Akrapovic Sound Kit - F87 M2 N55. It is not an outright prohibition or blanket-ban on any kind of modification to a vehicles silencing device, he says. In other cases, simply having an aftermarket exhaust fitted resulted in adefect notice being issued, or attracted a police caution, without troubling withthe sound level meter. For completeness, motorbike is relevantly defined in Schedule 4 to the Regulations as: a light motor vehicle with 2 wheels, and includes a 2-wheeled light motor vehicle with a sidecar attached to it that is supported by a third wheel. Part 2 of the Regulations is headed Vehicle standards. 17. 77. The scope of this paper is limited to noiseemissions from aftermarket exhausts. 93. Division 3 of Part 9 is headed Noise emissions. Clause 2.1.15 of the National Code of Practice refers to Section LT TestProcedures for details about the stationary noise test. Offline Disco Turtle Supporter Member. This is a guide to keeping your motorcycle in a safe and legal condition. 73. belgian fashion designers; apea 3p exam test bank; ut martin baseball recruiting 79. Fortunately, there are emissions-legal high-flow catalytic converters available, and some aftermarket exhausts come bundled with them. 75. 720S Coupe / Spider. A motorbikewhich is kept and ridden exclusively on private property is not required to have any silencing system. http://www.rms.nsw.gov.au/documents/roads/safety-rules/standards/vsi-06-light-vehicle-modifications.pdf, Whilst VSI-6 is clear in what is legal and what is not, it is, as mentioned above, subject to interpretation by the NSW Police officer on the side of the road and there have been many instances of vexatious defects being issued to riders that do not hold up in court and the pipes are quite legal in every respect including the subsequent noise test. This is done to remove exhaust restrictions - allowing exhaust gases to flow faster and spool the turbo even harder. 40. (4)This would not necessarily involve any infringement of the law, since the requirements of section 5 ofthe Regulations apply only where a light vehicle is drive[n] or park[ed] on a road. Pros T-304 stainless is the best. Every vehicle must have a functioning exhaust cutout. 51. 66. In my view, therefore, optional equipment includes aftermarket exhausts. 14. Home Forums > General Category > Tech Talk > Is any aftermarket exhaust legal? The vehicle must be in an open area, no gutters, trees etc to reverberate noise and then the testing can be done with the correct equipment. But if thesilencing system had been damaged or deteriorated to the extent that thestationary noise level at 5,500 rpm had increased to (say) 120db(A), (4)it is thatfigure which would represent the maximum permitted under sub-section 10(1)(d)and section 11 of the Regulations. Read in that way, each provision is given meaning and operation and theinconsistency or tension is resolved. 9. That isbecause it must follow that if it is lawful to perform a modification to a vehiclebecause the modification comes with the exception provided for in sub-section10(2)(a) of the Regulations, then it must also be lawful to drive such a modifiedvehicle on a road. Components affecting noise emissions(especially exhaust systems) must not be modified and must be maintained in aserviceable condition. You Are Here: ross dress for less throw blankets apprentissage des lettres de l'alphabet are aftermarket exhaust legal in australia June 17, 2022 ipswich town live radio commentary The requirements in NSW were cleared up in 2013 with the release of VSI-6 which quite clearly states that an aftermarket exhaust is not illegal provided it does not emit noise over and above the prescribed limit. It will be noted that the ways in which stationary noise level limits are calculatedfor non-ADR 83/00 certified vehicles and ADR 83/00 certified vehicles aredifferent: (a) a maximum noise level is prescribed for the former; whereas. While you're tossing that up, have a look at the powerbox lite from SP tadao if you don't mind the headache of buying it. Are exhaust cutouts legal? Arguably, motor scooters with step-through frames such as the ubiquitousVespa have a form of floorpan; but, even so, it is difficult to see how subsection130(1)(b) of the Vehicle Standards could be applied to a motor scooterinsofar as it requires ascertainment of the outermost joint of the floorpan that isnot continuously welded or permanently sealed. sandwell leisure trust how to make your own protein powder to sell illinois high school lacrosse association charlotte tilbury mystery box 2021 spoilers. The Ducati Performance exhausts are designed to enhance the look of your bike and improve the performance, both on track and on the streets. FEATURED. 952.68. In relation to ADR 83/00 certified vehicles, in my view, the proper constructionand effect of those provisions is to read the prohibition on modificationsprovided for in sub-section 10(1)(d) and section 11 of the Regulations as applyingafter allowance is made for the up to 5dB(A) increase in the maximum stationarynoise level provided for in section 138 of the Vehicle Standards, since the 5dB(A)increase forms part of the definition of what was permissible pre-modification. 88. Section 134 of the Vehicle Standards provides that Subdivision 2 applies to amotor vehicle other than a vehicle certified to ADR 83/00. Were the Regulations to end there, the position would be perfectly simple: amotorbike, whether fitted with a stock or factory fitted exhaust, or anaftermarket exhaust, would comply with the Vehicle Standards and theRegulations and hence be suitable to be lawfully used on a road if themaximum stationary noise level referred to in the immediately precedingparagraph hereof applying to the particular motorbike was complied with. This reads Where the ESMP for that engine has not been determined by the testing authority then the engine shall be bought to & stabilised at a speed as close as possible as the testing officer can achieve to one of the following speeds: In the case of a passenger car or derivative, of the engine has 8. Posted by in the heat of combustion of ethane, ethene and acetylene; employment law conference 2022 . Leventes paper is quite lengthy and detailed as the laws are also quite lengthy, detailed and, ultimately, confusing for both the user and enforcer. SEMA has compiled two guides on how motor vehicle parts are regulated by the federal and state government. Similarly, in relation to ADR 83/00 certified vehicles, section 11 of theRegulations ought to be construed and understood as providing: A person must not drive a light motor vehicle on a road if the vehicles silencingdevice has been modified to reduce, or to be likely to reduce, the effectiveness ofthe device by more than 5dB(A) above the stationary noise level that wasestablished for the motor vehicle when it was certified to ADR 83/00. Unfortunately, things are not that simple. 58. 2022630 2:59. Sub-section 10(2)(b) of the Regulations may be quickly disposed of. Aftermarket exhausts in India are illegal unless approved by the RTO. Section 130 of the Vehicle Standards is the only section in the Vehicle Standardsthat deals with exhaust systems. New York Will Now Fine You $1000 For a Noisy Aftermarket Exhaust SEMA data indicates that it's the harshest fine for an exhaust system violation in the nation. Although that definition is expressly limited to section 133 of the VehicleStandards, as the Regulations and Vehicle Standards contain no other definitionof silencing device, I shall proceed on the basis that it is intended to apply tothe whole of the Regulations and the Vehicle Standards, not just section 133 ofthe Vehicle Standards. (2) The outlet must discharge the main exhaust flow to the air, (a) if the vehicle is fitted, or required to be fitted, with an exhaustsystem with a vertical outlet pipe, (i) at an angle above the horizontal; and, (ii) at least 150mm above the cab of the vehicle; and, (iii) towards the rear, or to the right, of the vehicle; and, (i) horizontally or at an angle of not over 45 downwards; and. 25. Are side pipes legal in Australia? 599 GTB Fiorano. I know that the Acts being looked at are all Queensland ones but para 20 highlighted a further inadequacy of the laws: 20. Modifications that comply with the the chief executives approval pursuant tosub-section 10(2)(a) of the Regulations can also be put to one side. According to KevinCamerons definition, A sportbike is a motorcycle whose enjoyment consistsmainly from its ability to perform on all types of paved highway its corneringability, its handling, its thrilling acceleration and braking power, even (dare I sayit?) For the reasonsalready advanced, that is not the correct comparison; rather, the postmodificationeffectiveness of the silencing device is to be compared with itsmandated effectiveness immediately prior to any modifications. (b) the latter is calculated by the noise level limit that was established for eachvehicle when it was certified plus no more than 5dB(A). For NSW motorcyclists it is a double hit with an $100-odd fine then (and this bit really gets me) if the motorcyclist is silly enough to pay the fine the EPA (who do/or did have control of noise pollution) are then contacted, the rider is then issued with a notice to have the machine tested with another fee.. In this article, we will discuss all the existed laws of it in the different states of the USA. "Most of these are illegal because they violate the above section. Any replacement component must be as near as practicalto the original component specification. It is immediately apparent that clause 2.1.15 of the National Code of Practice ispartly inconsistent with the maximum stationary noise levels set out in theVehicle Standards referred to above in that it imposes a 94dB(A) stationary noiselevel limit on all motorbikes manufactured after February 1985, rather than, inthe case of ADR 83/00 certified vehicles, the noise level that is established for thevehicle when it was certified plus no more than 5dB(A). 119. 102. Great effort, expense and pride can go into modifying and personalising amotorbike, whether to increase its dynamic performance, or to enhance its safety,or to add to its visual appeal. If you're going to spend this much money on an aftermarket exhaust why not just buy a Speed Triple and get the better brakes, suspension, horsepower, etc. If a motorbike is defined (in Queensland) as a light motor vehicle with 2 wheels (and only 2 wheels) then what is the status of 3 wheeled motorcycles like Piaggio MP3s, Yamaha TriCitys, Can-Ams or even the upcoming Yamaha MWT-9? Nice! Sub-section 5(1) of the Regulations provides as follows: (1) A person must not drive or park, or permit someone else to drive or park,a light vehicle on a road, (i) the vehicle is fitted with the equipment (the equipment)mentioned in, or required by, the vehicle standards, otherthan optional equipment, that is appropriate to the vehicle;and, (ii) if the vehicle is fitted with the equipmentthe equipmentcomplies with the requirements specified in the vehiclestandards; and, (iii) the vehicle is otherwise constructed and loaded to complywith the vehicle standards; and, (iv) the vehicle, its parts and equipment are in safe condition;and, (v) optional equipment fitted to the vehicle complies with therequirements in the vehicle standards for the optionalequipment; and, (vi) the stationary noise level of the vehicle complies with thevehicle standards; or. It containsprovisions concerning the applicability of, and compliance with, the AustralianDesign Rules (herein called ADR). View Product Info Street Performance Exhaust View all products 12. . Australian Boulevards. Since most high quality systems, at least those systems that are 50 state legal, are installed behind the catalytic converters, there should be no warranty concerns to other components, even emissions components. The fact that a catalytic converter is physically locatedin, or forms part of, the same item of equipment which also muffles soundemissions does not make it a silencing device; and, (c) thirdly, where sub-section 10(1)(d) and section 11 of the Regulations referto the effectiveness of the device, it is clear from the context that they areconcerned with the effectiveness of a silencing device as a silencing device. Returning, then, to the Regulations, section 11 of the Regulations provides asfollows: A person must not drive a light motor vehicle on a road if the vehicles silencingdevice has been modified to reduce, or to be likely to reduce, the effectiveness ofthe device. In the absence of the noise level of the allegedly offending motorbike being testedin accordance with National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles September 2006 pursuant to section 131(1) of the Vehicle Standards by a person having relevant expertise or training, a defectnotice issued on the basis of a police officers subjective judgment will not, in myview, sustain a conviction. Refer to Section LT Test Procedures for details about the stationary noisetest. In cross examination I asked Constable Hocken- Qlds most experienced sound testing officer if he was fimilar with the Natiomal Green Guide & his reply was No never heard of it. 20. The AVSR sets stationary noise limits for all motor vehicles including motorcycles. 78. [1] 28.2.2.1.2 The values so obtained shall be entered in the test report for the vehicle. The second covers the same information but presented in an electronic fashion, below. It did just become a lot easier for. Some state laws prohibit any coloured lights anywhere on a vehicle. This has been an increasing complaint. 3412 Products Found Sort: SKU: KB-011-12 Exhaust Hanger - 12mm Black (inc. WRX/STi 08+) In Stock - Ready to Ship! Exhaust system should therefore not be replaced or modified if this is likely toincrease the vehicles noise output beyond that of the unmodified system when ingood condition. 28.2.2.2 Sound level limits. 69. Increased towing capacity. Mufflers; noise and air pollution prevention; emissions control devices; civil penalty; exception. 18. In relation to non-ADR 83/00 certified vehicles, the question that arises iswhether fitting an aftermarket exhaust to a motorbike that results in an increaseto its stationary noise level, but which increase does not exceed the prescribedmaximum stationary noise level is: (a) permitted by sub-sections 5(1)(a)(v) and 5(1)(a)(vi) of the Regulations andsection 135 of the Vehicle Standards; or. (ii) more than 3 wheels and a GVM of not more than 12t. If the car is supposed to come with an airbag in the steering wheel, it is illegal to replace the steering wheel with an aftermarket one. It follows that the whole of the National Code of Practice relating to noiseemissions and their testing is a circular nonsense. 7. Aftermarket exhaust parts; References This page was last edited on 13 . Fenske paid $2500 for his S2000's exhaust, and only added 3 hp. On the other hand, it also seems improbable that the legislature intended subsection10(1)(d) and section 11 of the Regulations to operate such that the ownerof a motorbike who wishes to modify the existing silencing system is limited to anoise level which may be lower (perhaps significantly lower) than the maximumpermitted for that motorbike under section 135 or 138 (as applicable) of theVehicle Standards. Panigale V2. Where statutory provisions are seemingly at odds, as they are here, theinconsistency or tension is to be resolved, if possible, by construing them that is,interpreting or reading them in a manner that gives each provision meaningfuloperation and effect. He has produced a lengthy 121-point paper based on Queenslands laws which is printed in good faith at the end of this article for the benefit of readers. Any reasonable thinking person that argues otherwise is simply deluded and unrealistic. 120. 113. Accordingly, in relation to ADR 83/00 certified vehicles, sub-section 10(1)(d) ofthe Regulations ought to be construed and understood as providing: (d) modify a light motor vehicles silencing device if the modificationreduces, or is likely to reduce, the effectiveness of the device bymore than 5dB(A) above the stationary noise level that wasestablished for the motor vehicle when it was certified to ADR83/00. You are absolutely allowed to modify your vehicle (as long as the modifications are legal). What then arises (in addition to the uncertainty referred to above in relation tothe meaning or effect of the National Code of Practice) is an inconsistency ortension between: (i) section 135 of the Vehicle Standards, which prescribes maximumstationary noise levels for non-ADR 83/00 certified vehicles; (ii) alternatively, section 138 of the Vehicle Standards, which permitsADR 83/00 certified vehicles to have a maximum stationary noiselevel that is no more than 5dB(A) higher than the certified noise levelestablished for those vehicles that is, 5dB(A) louder than thecertified noise level; and, (iii) sub-sections 5(1)(a)(v) and 5(1)(a)(vi) of the Regulations, whichpermits optional equipment which, for the reasons stated above,includes an aftermarket exhaust to be fitted to a vehicle if itcomplies with the Vehicle Standards, including the applicablestationary noise level; and. View Product. Significant sound and custom exhaust systems go hand in hand. Essentially, Johnny Law would stop someone for having a loud exhaust, write them a citation, and they would have "X" amount of time to get it fixed or returned to stock, then they could have any applicable peace officer sign it off - no harm no foul - other than having to turn a few wrenches, busting out the welder, and paying some administrative 122. 1 Answer: Juno Chai. 34. The Torqit Performance Exhaust systems have been manufactured to maximise power output and reduce exhaust gas temperatures (EGT). 47. The better construction is to read silencing device as silencing system, suchthat sub-section 10(1)(d) and section 11 of the Regulations are directed, not atmodifications made to a specific item of equipment, but at modifications made tothe entire silencing system of which a specific item of equipment forms a part. That is because sub-sections 10(1)(d)and section 11 the Regulations (which also appear within Part 2) contain aprohibition on performing a modification to a silencing device and driving avehicle on a road containing a modified silencing device, and that prohibition,on its face, operates without reference to the stationary noise levels prescribed bythe Vehicle Standards. 50. Never been fined for any of them but none of them are excessively loud. To modify the silencing device you could shorten it remove baffles or packing or drill holes in it but replacement is not a modification. Not an Iphone app held 500mm away from the pipe .. Section 133(2) of the Vehicle Standards provides a definition of the termsilencing device limited to this section as follows: (a) through which all the exhaust from the engine passes; and. (2)On 8 January 2016, this paper was provided in draft form for comment. legal liabilities in hospitality industry; what is jesse spencer doing now; example of aside in romeo and juliet act 1; cline rentals fostoria, ohio. 28-955. Co. v. Convertible Top Replacement Co. is a 1961 U.S. Supreme Court case in which the Court redefined the U.S. patent law doctrine of repair and . Most other states have it at 92 and it must be metered 10 feet away from the exhaust outlet at 50% throttle. Chairman MCC of NSW. Manual control over the exhaust flaps via remote control or app. (b) on the other hand, sub-section 10(1)(d) and section 11 of the Regulations,which prohibit modifying a vehicles silencing device, or driving a vehicleon a road with a modified silencing device, if the modification results in theeffectiveness of the device being reduced that is, if the vehicles exhaustbecomes louder. I was told after the fact by police that this does not mean the bike is legal and you can still be booked as soon as you leave the dealership. It sets standards with which vehicles must comply in orderto be driven or ridden on roads. its speed. Each of those attributes may be enjoyed without breaking the lawand the road rules are usually clear enough. However, what is meant by optional equipment? What Is A Exhaust Cutout? 35. Australian Automotive Aftermarket Association Redback 4X4 Carline has over 120 specialist stores Australia wide and a guaranteed National Warranty on exhaust products and services. 28.2.2.1.1 The noise made by the vehicle shall be measured by the two methods described in the Annex for the vehicle in motion and for the vehicle when stationary. The rankings reflect our opinion and should be a good starting point for shopping. For example, the2015 Aprilia Tuono 1100 is certified to ADR 83/00 at a noise level of107db(A) at 5,500 rpm. 55. are aftermarket exhaust legal in australia. Although ADR28 reverts to the newer code now, Qld has NO testing facility for noise. By Fred Smith Oct 30, 2021. It also obviates the risk that, on a literalreading of the sections, no successful prosecution could ever be brought. To be issued with a defect notice for contravention of sections 5, 10 or 11 of theRegulations on the grounds of excessive noise level emissions, the noise level mustexceed the maximum stationary noise levels prescribed in sections 135 or 138 ofthe Vehicle Standards. 112. If on an earlier occasion the owner (or a previous owner) had modified thesilencing system to increase its efficacy reducing the stationary noise level at5500rpm to (say) 80db(A) that figure would represent the maximumpermitted under sub-section 10(1)(d) and section 11 of the Regulations. Exceeding those levels would constitute an offence under section 5 of theRegulations. . are aftermarket exhaust legal in australia. Itcomprehends situations where, for example, a farm-bike is intended to be usedonly on private property or track or race-bike is intended to be used only onclosed circuit tracks. 29. If enough of these cases get thrown out of court then the officers using this tactic as a weapon will cease and riders can be left in peace. Aftermarket exhaust not illegal, Barrister. I think there is an error regarding the definition of modification of the silencing device. Most big-bore and sports exhausts are not legal on public roads in the UK due to their excessive noise levels and extra emissions. Section 5 of the Regulations draws a distinction between the equipment andthe optional equipment. 89. To my knowledge, the exhaust system onmost, if not all, sportbikes discharges the exhaust flow horizontally or at an angleupwards. But it might well be the fact that, immediately prior to any modifications, thesilencing system was either more or less effective than was contemplated by itsoriginal or OEM specifications. Accordingly, simply having an aftermarket exhaust fitted to a motorbike cannotresult in a defect notice being issued, nor should it attract a police caution, forthat reason alone. 82. (3) Subsections (1) and (2)(b) do not apply to a light vehicle, (a) primarily designed for the carriage of goods; and, (i) 3 wheels and a GVM of more than 1t but not more than12t; or. 1:43 pm junio 7, 2022. international diamond center appointment. In relation to ADR 83/00 certified vehicles, the prohibition on modificationsprovided for in sub-section 10(1)(d) and section 11 of the Regulations should beread as only applying after allowance is made for the 5dB(A) increase in themaximum stationary noise level provided for in section 138 of the VehicleStandards. (b) otherwisethe optional equipment is fitted securely to the vehicle. SC-Project exhausts go much further in terms of simple compliance with ADR 83/00. For a Police officer to condemn and defect a vehicle the testing must be done to the ADR specification. For example, sub-section 130(2)(b)(i) of the Vehicle Standards requires that the outlet must discharge the main exhaust flow to the air horizontally or at anangle of not over 45 downwards. Mufflers required Smoke and air contaminant standards Definitions Penalty, exception. It provides as follows: (3) Without limiting subsection (1)(a)(v), optional equipment fitted to a lightvehicle is taken to comply with the requirements of the vehicle standards, (a) if the vehicle standards impose a requirement for fitting theoptional equipment to the vehiclethe equipment is fitted asrequired by the standards; or. Law Dawg said: Installing a new muffler can not increase the noise level of the original equipment - period. 59. While state laws vary, according to Extreme Tactical Dynamics, vehicles other than emergency personnel are not allowed to have flashing red or blue lights. 100. Sub-section 10(1)(d) of the Regulations provides as follows: (d) modify a light motor vehicles silencing device if the modificationreduces, or is likely to reduce, the effectiveness of the device. Of course, any errors remain my own. (c) for a motorbike not certified to ADR 83/00 and built in or before February1984 100dB(A). Clause 2.1.15 of the National Code of Practice is headed Noise and providesas follows: Motor cycles manufactured from 1 July 1975 are subject to strict designrequirements for noise emissions. In other words, it is thestandard equipment, presumably including original equipment manufacturer(herein called OEM) parts, with which a new motorbike is delivered from theshowroom floor. Of course, it's just my opinion but after tax and installation, this after-market exhaust will come close to 25% of the bike's $8000 USD cost. 117. For the avoidance of any doubt, this paper is not intended, nor should it be reliedupon, as legal advice. Either way, it would be the actual effectiveness ofthe silencing system, immediately prior to any modifications, rather than itsnominal or intended effectiveness, which sets the ceiling on what is permissibleunder sub-section 10(1)(d) and section 11 of the Regulations. X. are aftermarket exhaust legal in australia. 65. Primary Menu. (iii) towards the rear, or to the right, of the vehicle. Vehicle owners who wish to modify their vehicles need to follow the vehicle standards guidelines and relevant approved codes of practice that apply to the modification of vehicles. 15. Rather, in the time available to me, it is a convenient wayto: (a) draw together in one document the relevant provisions of numerousinterrelated regulatory and other instruments relevant to aftermarketexhausts and motorcycle noise emissions (which for the lay person can behard to find); (b) set out the relevant provisions of those instruments; and. Of course, if removing a catalytic converter from an exhaust system of amotorbike, or replacing the system with an aftermarket exhaust that does notcontain a catalytic converter, causes the motorbike to exceed the maximumstationary noise levels prescribed in sections 135 or 138 of the Vehicle Standards,then the motorbike will be defective on that basis. Vehicles must not exceed the maximum noise levels specified in the AustralianVehicle Standard Rules for the ADR category of the vehicle and its date ofmanufacture. Monstrous Sound for Monster G! In basic terms if your vehicles noise testing criteria is not in the National Green Guide then you must abide by the noise emission standards as outlined in the National Stationary Exhaust Noise Test Procedures for In-Seevice Motor Vehicles- not call your local police- research Constable Hocken- make a personal appointment etc.

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