21Motor vehicles emitting excessive air impurities

21 Motor vehicles emitting excessive air impurities

21 Motor vehicles emitting excessive air impurities

(1) An owner of a motor vehicle, other than a heavy vehicle, is guilty of an offence if the vehicle emits excessive air impurities while being used.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) for an individual—200 penalty units.

(2) It is a defence to a prosecution for the offence if the owner proves—

(a) the motor vehicle was, at the time of the commission of the offence, stolen or illegally taken or used, or

(b) the motor vehicle—

(i) has been constructed or modified solely for use in motor racing or off-road motor sport, and

(ii) as a result of the construction or modification—

(A) is not capable of being registered, or

(B) is only capable of being registered conditionally, and

(iii) was, at the time of the commission of the offence, being used in a motor sport event or in a journey to or from the event.