34Prescribed anti-pollution device—complying exhaust pipe

34 Prescribed anti-pollution device—complying exhaust pipe

34 Prescribed anti-pollution device—complying exhaust pipe

(1) A complying exhaust pipe is an anti-pollution device specified for a motor vehicle—

(a) propelled by a diesel engine, and

(b) having a manufacturer’s gross vehicle mass of more than 4.5 tonnes.

(2) In this section—

complying exhaust pipe means—

(a) if an Australian Design Rule has prescribed requirements about the exhaust pipe to be fitted to a motor vehicle at the date of its manufacture—a vertical exhaust pipe that complies with the requirements, or

(b) otherwise—an exhaust pipe having an exhaust vent that—

(i) terminates 150mm or more above the highest part of the vehicle’s cab, and

(ii) is directed upwards within 30° of the vertical, and away from the left hand side of the vehicle.

manufacturer’s gross vehicle mass, in relation to a motor vehicle, means the maximum loaded mass of the vehicle—

(a) specified by the manufacturer, or

(b) specified by Transport for NSW in circumstances in which—

(i) the manufacturer is unknown, or

(ii) the manufacturer has failed to specify a maximum loaded mass for the vehicle, or

(iii) the manufacturer has specified a maximum loaded mass for the vehicle, but the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate for the vehicle.