90Requirement about properly operating emission control system

90 Requirement about properly operating emission control system

90 Requirement about properly operating emission control system

(1) A person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer’s design.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system).

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) Subsections (2) and (3) do 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.

(5) The national regulations may prescribe testing standards for relevant emissions from heavy vehicles.

(6) 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.