Document ID: chunk:federal_register_of_legislation:F2016C00532:schedule:1:p1
Version: federal_register_of_legislation:F2016C00532
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 3180–6043

Schedule 1—Model Law on Engine Brake Noise Limits
(regulation 3)

Contents

                                                 Page
1. Name
2. Purpose
3. Approval
4. Amendment to the Australian Vehicle Standards Rules
5. Amendment to the Vehicle Standards Regulations
6. Suggested supplementary evidentiary provisions
Model Law on Engine Brake Noise Limits
 The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal.  They do not, of themselves, have any legal effect.

1.  Name
  This is the Model Law on Engine Brake Noise Limits.

2.  Purpose
  The purpose of this Law is –
 (a) to amend the Australian Vehicle Standards Rules and the Vehicle Standards Regulations to impose a limit on the level of noise emitted by engine brake devices; and
 (b) to set out suggested evidentiary provisions to support those amendments.

3.  Approval
  This Law was approved by the Australian Transport Council on 26 October 2007.

4.  Amendment to the Australian Vehicle Standards Rules
  After rule 153 of the Australian Vehicle Standards Rules insert –
"153A  Limits on engine brake noise
 (1) In this rule –
approved engine brake noise measuring and recording device means a device that measures and records the engine brake noise emitted by a vehicle and that is of a type that has been approved by the [relevant jurisdictional authority] as suitable for the enforcement of engine brake noise limits;
modulated RMS means the figure that results from applying the method set out in National In‑Service Test Procedures for Engine Brake Noise From Heavy Vehicles dated August 2007 published by the National Transport Commission, as amended from time to time, to a heavy vehicle's engine brake noise as measured and recorded by an approved engine brake noise measuring and recording device in accordance with the procedures set out in that document.
 (2) An engine brake device fitted to a motor vehicle must not emit noise that has a modulated RMS of more than 1.7.
 (3) For the purposes of sub‑rule (2), an engine brake device includes any exhaust outlets of the device, and anything attached to such outlets, including mufflers.".

5.  Amendment to the Vehicle Standards Regulations
  After regulation 14 of the Road Transport Reform (Vehicle Standards) Regulations insert –
"14A.  Engine brake devices not complying with Vehicle Standards
  If an engine brake device contravenes rule 153A of the Vehicle Standards, the operator of the vehicle to which the device is fitted commits an offence.
Penalty: [local variations].".

[Implementation note: As these provisions are novel, it is intended that the amendments will only be introduced after the intention to introduce them has been well‑publicised.  It is also intended that first offenders will be dealt with by way of a warning that includes