108Emission control systems to be fitted and properly

108 Emission control systems to be fitted and properly maintained (1) This section applies to a light vehicle to which schedule 1 (Light vehicle standards) applies, whether or not it forms part of a Note Sch 1, s 1.6 provides that the schedule does not apply to certain vehicles. (2) A person must not drive a light motor vehicle on a road or road related area unless each emission control system of the vehicle remains fitted to the vehicle. (3) A person must not drive a light motor vehicle on a road or road related area unless each emission control system fitted to the vehicle is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design. (4) A person must not drive the first or only light motor vehicle forming part of a combination on a road or road related area unless each emission control system of any other light vehicle forming part of the combination remains fitted to the vehicle. (5) A person must not drive the first or only light motor vehicle forming part of a combination on a road or road related area unless each emission control system fitted to any other light vehicle forming part of the combination is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.

(6) The operator of a light vehicle that is on a road or road related area must ensure that each emission control system of the vehicle remains fitted to the vehicle. (7) The operator of a light vehicle that is on a road or road related area must maintain each emission control system fitted to the vehicle in a condition that ensures that the system continues operating essentially in accordance with the system’s original design. (8) It is a defence to a prosecution for an offence against a subsection of this section if the person charged establishes that it was not reasonable or practicable to comply with the subsection. (9) A subsection of this section does not apply to a light vehicle if the vehicle is exempt— (a) from the subsection; or (b) from the provision of the law of another jurisdiction corresponding to the subsection. (10) However, the vehicle is exempt from the subsection only if all conditions of the exemption (if any) are being complied with. (11) In this section: emission control system, for a light vehicle, means an emission control system fitted to the vehicle when it was built. Note The ACT Inspection Manual for Light Vehicles and the ACT Inspection provide information to help people meet the requirements of this section. The manuals are available from the road transport authority.