39Prescribed anti-pollution device must not be impaired

39 Prescribed anti-pollution device must not be impaired

39 Prescribed anti-pollution device must not be impaired

(1) The owner of a motor vehicle, other than a heavy vehicle, who uses the motor vehicle, or allows it to be used, must ensure, at the time of the use, a prescribed anti-pollution device fitted to the motor vehicle has not been impaired.

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—

(a) the device was impaired—

(i) to service, repair or replace the device, or

(ii) to improve the efficiency of the device’s capacity to minimise air pollution, or

(b) the device was impaired to facilitate the use of a motor vehicle for motor racing or off-road motor sport, and the vehicle—

(i) immediately before the removal or other action, was either—

(A) not capable of being registered at all, or

(B) as a result of its construction, or prior modification, for use in motor racing or off-road motor sport, only capable of being registered conditionally, and

(ii) is to be used in that condition only in a competition, or during a journey to or from a motor racing or off-road motor sporting competition, or

(c) at the time the offence was committed, the person—

(i) reasonably believed a prescribed anti-pollution device fitted to the motor vehicle continued to be fitted, and

(ii) took all reasonable steps to ensure the device was properly maintained.

(3) In this section and in section 40—

impaired, in relation to an anti-pollution device fitted to a motor vehicle, includes—

(a) removed or disconnected, or

(b) adjusted, or modified, in a way that results in the emission of excessive air impurities by the motor vehicle.