Division 4 Use and maintenance of motor vehicles
14 Maintenance of vehicles: section 159 and clause 16
For the purposes of section 159 of the Act and clause 16, a motor vehicle to which clause 11 applies must be maintained so that the exhaust pipe of the vehicle is free of holes (other than holes necessary for the effective operation of the exhaust system).
15 Use of motor vehicle without prescribed anti-pollution device prohibited
(1) An owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, is guilty of an offence if:
(a) this Regulation requires motor vehicles of the class to which it belongs to be fitted with a prescribed anti-pollution device, and
(b) the vehicle is not fitted in the prescribed manner with such a device.
Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.
(2) It is a defence to a prosecution for an offence under this clause if the defendant proves that, at the time the offence was committed:
(a) the defendant had reasonable grounds to believe, and did believe, that the motor vehicle was fitted with every prescribed anti-pollution device required by this Regulation to be fitted to the motor vehicle, and
(b) the defendant took all reasonable steps to ensure that every such device was fitted in the prescribed manner.
(3) It is a defence to a prosecution for an offence under this clause if the defendant proves that the motor vehicle:
(a) was constructed or has been modified solely for use in motor racing or off-road motor sport, and
(b) was not registrable under the Road Transport (Vehicle Registration) Act 1997.
(4) In this clause, prescribed anti-pollution device has the same meaning as in section 154 of the Act.
16 Maintenance, service and adjustment of motor vehicles
(1) An owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, is guilty of an offence if:
(a) this Regulation requires motor vehicles of the class to which it belongs to be serviced, maintained, or adjusted in a specified manner, and
(b) the vehicle has not been serviced, maintained or adjusted in that manner.
Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.
(2) It is a defence to a prosecution for an offence under this clause if the defendant proves that the defendant took all reasonable steps to ensure that the motor vehicle was serviced, maintained or adjusted as required by this Regulation.
17 Removal or adjustment of anti-pollution devices
(1) The owner of a motor vehicle who uses the motor vehicle, or causes or allows it to be used, is guilty of an offence if:
(a) an anti-pollution device had been fitted to the motor vehicle, and
(b) at the time of that use the device had been:
(i) removed, disconnected or impaired, or
(ii) adjusted or modified and the adjustment or modification results in the emission of excessive air impurities by the motor vehicle.
Maximum penalty: 400 penalty units in the case of a corporation, or 200 penalty units in the case of an individual.
(2) It is a defence to a prosecution for an offence under this clause if the defendant proves:
(a) that the removal, disconnection, impairment, adjustment or modification was done:
(i) in order to service, repair or replace the anti-pollution device or to improve its efficiency with respect to minimising air pollution, or
(ii) in order to facilitate the use of a motor vehicle for motor racing or off-road motor sport (being a motor vehicle that immediately before that removal or other action was not registrable under the Road Transport (Vehicle Registration) Act 1997) and that the vehicle is to be used in that condition only in the competition itself, or
(b) that, at the time the offence was committed:
(i) the defendant had reasonable grounds to believe, and did believe, that any anti-pollution device that had been fitted to the motor vehicle continued to be fitted to the motor vehicle, and
(ii) the defendant took all reasonable steps to ensure that the device was properly maintained.
(3) For the purposes of this clause, a motor vehicle emits excessive air impurities if it emits air impurities in the circumstances described in section 154 (2) of the Act.
(4) In this clause, anti-pollution device means a prescribed anti-pollution device within the meaning of section 154 of the Act or any other device that is designed to minimise air pollution.
B20VTEC - since 2002 
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