Heavy Vehicle National Law (NSW)
91Person must not tamper with emission control system fitted to heavy vehicle
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91 Person must not tamper with emission control system fitted to heavy vehicle
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.
(5), (6) (Repealed)
(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.