Division 3 of Part 10 of the Principal Regulations is rescinded and the following Division is substituted:

Division 3 - Noise emissions

Subdivision 1 - General

136A.     Measurement of stationary noise levels

(1)  In this regulation –

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

(2)  For this Division, the stationary noise level of a motor vehicle is to be measured in accordance with the procedure set out for that type of motor vehicle in the report entitled the National Stationary Exhaust Noise Test Procedures for In-service Motor Vehicles , published by the National Transport Commission in April 2000.

136B.     Meaning of "certified to ADR 83/00"

For this Division, a motor vehicle is certified to ADR 83/00 if approval has been given, under section 10A of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates showing compliance with ADR 83/00 on motor vehicles of that type.

137.     Silencing device for exhaust systems

A motor vehicle propelled by an internal combustion engine must be fitted with an effective silencing device through which all the exhaust from the engine passes.

Subdivision 2 - Noise levels applying to pre-2004 motor vehicles

137A.     Application

This Subdivision applies to a motor vehicle other than a motor vehicle certified to ADR 83/00.

138.     Stationary noise levels: car-type vehicles and motor bikes and motor trikes

(1)  In this regulation –

car-type vehicle means –

(a) a car; or

(b) a utility truck, panel van or other motor vehicle derived from a car design; or

(c) a motor vehicle with 4 or more wheels that is built mainly to carry not more than 9 people including the driver.

(2)  The stationary noise level of a car-type vehicle, or motor bike or motor trike, must not exceed –

(a) for a car-type vehicle built after 1982, 90dB(A); or

(b) for another car-type vehicle, 96dB(A); or

(c) for a motor bike or motor trike built after February 1985, 94dB(A); or

(d) for another motor bike or motor trike, 100dB(A).

(3)  However, this regulation does not apply to a car-type vehicle built after 1982 for 2 years after the commencement of this regulation, if –

(a) the stationary noise level of the vehicle does not exceed 96dB(A); and

(b) the stationary noise level limit applying to the vehicle under the law of the State or Territory where the vehicle is registered, or otherwise authorised to be driven on a public street, by a vehicle registration authority is not 90dB(A) or less.

Note For vehicles that do not fall within the definition of "motor vehicle" in the Act, the maximum permissible noise levels applying to their use away from public streets are set by the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 .

139.   Stationary noise levels: other vehicles with spark ignition engines

(1)  This regulation applies to a motor vehicle, except a motor vehicle to which regulation 138 applies, with a spark ignition engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the following table:

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1.	< or = 3.5	< 1500	before July 1983	92
			after June 1983	89
2.	> 3.5	< 1500	before July 1983	98
			after June 1983	95
3.	< or = 3.5	> or = 1500	before July 1983	88
			after June 1983	85
4.	> 3.5	> or = 1500	before July 1983	94
			after June 1983	91

140.     Stationary noise levels: other vehicles with diesel engines

(1)  This regulation applies to a motor vehicle, except a motor vehicle to which regulation 138 applies, with a diesel engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the following table:

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1.	< or = 3.5	< 1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99
2.	> 3.5 but < or = 12	< 1500	before July 1980	107
			after June 1980 but before July 1983	104
			after June 1983	101
3.	> 12	< 1500	before July 1980	109
			after June 1980 but before July 1983	106
			after June 1983	103
4.	< or = 3.5	> or = 1500	before July 1980	101
			after June 1980 but before July 1983	98
			after June 1983	95
5.	> 3.5 but < or = 12	> or = 1500	before July 1980	103
			after June 1980 but before July 1983	100
			after June 1983	97
6.	> 12	> or = 1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99

Subdivision 3 - Noise levels applying to motor vehicles certified to ADR 83/00

141.     Stationary noise levels

The stationary noise level of a motor vehicle that is certified to ADR 83/00 must not exceed, by more than 5dB(A), the noise level that is established for the motor vehicle when it is certified.