At what distance away from the exhaust? Doubling the distance away from the pipe drops the noise level by 75%. A cop can't just come up and randomly place the microphone an arbitrary distance away from the exhaust. Surely the lawmakers would've included this measurement into the by-law.
What you're reading in the newspaper is a "summary", a shortened "extract" of the actual test procedure. The wording of that extract in the paper is entirely consistent with SAE J2825, which prescribes the distance, angle, environment around the test, etc.
What about bikes that came from the dealer that are louder than 96 dB? Shouldn't they just be chasing aftermarket bikes? I've got an F800R that came from BMW with the upgraded Akrapovic exhaust. I'm pretty sure it's under 96 dB (even at close microphone range) but it was sold and installed when I purchased the motorcycle new.
When SAE J2825 was written, it was done as a collaboration between the SAE (Society of Automotive Engineers), the AMA (American Motorcyclist Association), and various other representatives. They took into account original equipment on new bikes, vintage bikes, reasonable aftermarket exhausts, etc. If there is an original-equipment motorcycle that makes more sound than this, including production bikes that pre-dated EPA standards, it hasn't been found. Your Akrapovic muffler should have come with a little insert that is stuck into the outlet. Akrapovic mufflers are of European origin and (over there) they come with a declaration of conformity which is valid as long as you don't take out that insert. It should be OK.
When Caledon did their bylaw, I had all of my bikes tested (thx GreyGhost). All of them passed - including my roadrace FZR400 with standard glass-pack Hindle muffler with *no* noise-reducing insert. That one was by a slim margin - but it passed. Also, one of the bikes with an aftermarket muffler was quieter than the one with a stock muffler. "Aftermarket" doesn't automatically imply "illegal".
I have no problem with reasonable anti-noise laws. I've lived in Korea and been to Thailand and there were some obnoxiously loud scooters there (despite being like 125 cc, they'd put straight piped bikes here to shame). However, the laws need to be specific and fair. Without tight regulations about the testing in addition to regulations around the sale of aftermarket stuff it simply doesn't make sense.
SAE J2825 is DESIGNED to be specific and fair. It DOES specify the testing conditions - it's just that those testing conditions are too lengthy to write into a cute little newspaper article. It DOES make allowance for reasonable aftermarket equipment.
If I recall correctly from the Caledon testing, the bikes that generally had a problem were straight-pipe exhausts (no muffler at all), and stylish "shorty" mufflers. Nothing that was stock had a problem and most of the aftermarket exhausts with reasonable mufflers were OK.
Don't use a stylish small-diameter or "shorty" muffler, don't cut your muffler shorter in the interest of vanity, and don't ride in an obnoxious manner so as to draw attention to yourself, and it should be fine.
