Document ID: chunk:federal_register_of_legislation:F2009C00402:body:0:p8
Version: federal_register_of_legislation:F2009C00402
Segment Type: other
Provision Reference: 
Character Range: 20547–23592

to detect the range of pollutants. Jurisdictions should also monitor developments in science and technology and seek expert advice where necessary.

 Together with the use of the ten second smoke rule by authorised personnel, smoky vehicle programs normally make provision for the general public to report vehicles they observe to be emitting smoke.  Clearly jurisdictions are not able to require owners to repair vehicles on the basis of reports made by the general public.  Nevertheless, such reports provide the opportunity to inform the owner that their vehicle is emitting smoke, to educate them about the unacceptability of smoke to the public and the means by which their vehicle may be repaired.

3.       Program Outline

 In developing an effective smoky vehicle program a jurisdiction should ensure its planning covers:

           * identification of  the level at which  smoke emissions are unacceptable;

           * establishment of a system for authorised officers to report smoky vehicle offences;

           * training and  authorisation of  government officers;

           * the need for a system for the public to report smoky vehicles;

           * education of the public about the system, the issues and what they can do to prevent or correct the problem;

           * development of a targeting strategy for reporting by authorised officers (random, roadside, targeted, periodic inspections, etc); and

           * ensuring that the vehicle repair industry is trained to detect and rectify faults associated with excessive smoke emissions.

 It is important that, Police, Transport and Environment agencies are involved with the development of any smoky vehicle program.  It may also be advantageous to invite other government agencies to participate, particularly local government.

3.1   Identify the level at which smoke emissions are unacceptable

 ADR 30/00 describes a range of acceptable smoke opacity tests for new vehicles.  Given the expectation that there will be some level of deterioration, the '10 second smoke rule' was developed to provide a means for regulating in-service vehicle smoke emissions and has been legislated in several jurisdictions.  A legislative model for the 10 second smoke rule has been agreed by transport Ministers and can be found in the schedule to the Road Transport Reform (Vehicle Standards) Regulations 1999.

3.2   Government reporting of offences

 To help ensure that only valid sightings of smoky vehicles result in a defect notice or sanction, only reports by authorised officers should result in statutory measures being undertaken.  Notices may be issued based on reports from trained government employees including Police, Transport or EPA enforcement officers or local government officers.  Jurisdictions should seek to centralise this administration so that only standard notices are issued and the process can be independently audited.  A reliable means of gathering evidence such as the use of video cameras should also be considered.  These measures will