35Complying exhaust pipe not required for certain vehicles

35 Complying exhaust pipe not required for certain vehicles

35 Complying exhaust pipe not required for certain vehicles

(1) The following motor vehicles are not required to have a complying exhaust pipe—

(a) a motor vehicle that was manufactured before 1 January 1976,

(b) a motor vehicle that was ordered from the manufacturer before 1 July 1974,

(c) a motor bus that was manufactured before 1 January 1977,

(d) a special purpose motor vehicle,

(e) a motor vehicle used exclusively for the control of bush fires,

(f) a motor vehicle fitted with hydraulically operated elevating work platforms,

(g) a motor vehicle used exclusively to fuel aircraft,

(h) a motor vehicle having a diesel engine of a type certified in writing by the EPA as not requiring a complying exhaust pipe,

(i) a motor vehicle manufactured in compliance with—

(i) Australian Design Rule 80/01, or

(ii) Australian Design Rule 80/02, or

(iii) a subsequent Australian Design Rule that imposes emission limits no less stringent than Australian Design Rule 80/02.

(j) a motor vehicle that—

(i) is a rigid table-top truck, and

(ii) is used predominantly to transport hay or other flammable farm produce, and

(iii) is usually garaged on a farm,

(k) a motor vehicle that is registered outside New South Wales,

(l) a motor vehicle that is sold in New South Wales for delivery outside New South Wales.

(2) In this section—

goods vehicle means a motor vehicle constructed primarily for the carriage of goods, but does not include a special purpose motor vehicle.

motor bus means motor vehicle constructed primarily for the carriage of persons that seats more than 9 adult persons, including the driver.

special purpose motor vehicle means a fork lift truck or motor vehicle constructed principally for off-road agricultural use or for use in road or building site construction work, other than a vehicle constructed on a chassis of a type normally used in the construction of a goods vehicle, and includes the following—