38Prescribed anti-pollution device must be properly fitted

38 Prescribed anti-pollution device must be properly fitted

38 Prescribed anti-pollution device must be properly fitted

(1) An owner of a motor vehicle, other than a heavy vehicle, who uses the motor vehicle, or allows it to be used, must ensure that a prescribed anti-pollution device required to be fitted to the motor vehicle is fitted in the required way.

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 an offence under this section if the person proves, at the time the offence was committed, the person—

(a) reasonably believed the motor vehicle was fitted with the prescribed anti-pollution device, and

(b) took all reasonable steps to ensure the device was fitted in the required way.