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HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 91
Person must not tamper with emission control system fitted to heavy vehicle
(1) A person must not tamper with an emission control system fitted to a heavy
vehicle. : Maximum penalty--$10000.
Editorial note--: See also section 737
(Increase of penalty amounts).
(2) An operator of a heavy vehicle must not
use or permit the vehicle to be used on a road if the vehicle is fitted with
an emission control system that the operator knows or ought reasonably to know
has been tampered with in contravention of subsection (1). : Maximum
penalty--$10000.
Editorial note--: See also section 737 (Increase of penalty
amounts).
(3) Subsection (1) does not apply to-- (a) conduct associated with
repairing a malfunctioning emission control system or maintaining an
emission control system; or
(b) an authorised officer when exercising
functions under this Law.
(4) Subsection (2) does not apply to a heavy
vehicle that-- (a) is on a journey to a place for the repair of the
emission control system or any of the vehicle's components or equipment that
affect the operation of the emission control system; and
(b) is travelling on
the most direct or convenient route to that place from the place where the
journey began.
(7) In this section--
"emission control system" means a device or system fitted to a heavy vehicle
that reduces the emission of a relevant emission from the vehicle.
"tamper" , with an emission control system fitted to a heavy vehicle, means
alter, damage, remove, override or otherwise interfere with-- (a) the system
in a way that renders the system totally ineffective or less effective than as
provided by an applicable heavy vehicle standard or (in the absence of an
applicable heavy vehicle standard) as designed; or
(b) the vehicle or any
component of the vehicle in a way that renders the system totally ineffective
or less effective than as provided by an applicable heavy vehicle standard or
(in the absence of an applicable heavy vehicle standard) as designed.
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