Environment Protection (Vehicle Emissions) (Amendment) Regulations 2006 (Vic)

Environment Protection (Vehicle Emissions) (Amendment) Regulations 2006

S.R. No. 65/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.     Authorising provisions

3.     Substitution of regulation 19

19.Offence to use vehicle that does not comply with this Part

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 65/2006

Environment Protection Act 1970

Environment Protection (Vehicle Emissions) (Amendment) Regulations 2006

The Governor in Council, on the recommendation of the Environment Protection Authority, makes the following Regulations:

Dated: 6 June 2006

Responsible Minister:

JOHN THWAITES
Minister for Environment

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to reformulate an offence concerning construction, maintenance and labelling requirements in relation to vehicle emissions.

2.  Authorising provisions

These Regulations are made under sections 53P and 71 of the Environment Protection Act 1970.

3.  Substitution of regulation 19

For regulation 19 of the Environment Protection (Vehicle Emissions) Regulations 2003[1] substitute—

"19.Offence to use vehicle that does not comply with this Part

(1)A person must not, without just cause, use a motor vehicle—

(a)if exhaust gases from the vehicle are emitted from any place that was not designed by the manufacturer to emit such gases; or

(b)if any device or mechanism provided for the adjustment of the mixture of air and fuel supplied to the engine when it is idling has been altered, modified or tampered with from the manufacturer's design so as to render it accessible; or

(c)if the vehicle has not been kept, maintained and repaired in such a way that any emission control equipment or device, or component of the engine, exhaust or fuel system, that is designed, or installed in or on the vehicle, by the manufacturer of the vehicle, to control emissions from the vehicle—

(i)continues to operate in accordance with the manufacturer's design; and

(ii)decreases the rate of discharge of any of the constituent parts of the emission; and

(iii)(if applicable) discharges and disperses exhaust matter in an upward direction as intended by the exhaust system; and

(iv)remains effective to control emissions from the vehicle; or

(d)in the case of a motor cycle or motor tricycle, if the information required by regulation 17 is not affixed to the vehicle in the manner required by that regulation.

Penalty:20 penalty units.

(2)The registered owner of a motor vehicle must not, without just cause, cause or permit the vehicle to be used by another person in any of the circumstances listed in sub-regulation (1).

Penalty:20 penalty units.".

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[1] Reg. 3: S.R. No. 10/2003 as amended by S.R. No. 88/2004.