Document ID: chunk:federal_register_of_legislation:F2016C00407:clause:1_11
Version: federal_register_of_legislation:F2016C00407
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 14862–17025

11  Emission control systems to be fitted and properly maintained
 (1) This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note: Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
 (2) A person must not drive a motor vehicle unless each emission control system of the vehicle remains fitted to the vehicle.
Penalty: $2,000
 (3) A person must not drive a motor vehicle 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.
Penalty: $2,000
 (4) A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system of any vehicle forming part of the combination remains fitted to the vehicle.
Penalty: $2,000
 (5) A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system fitted to any 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.
Penalty: $2,000
 (6) The operator of a motor vehicle or trailer must ensure that each emission control system of the vehicle remains fitted to the vehicle.
Penalty: $2,000
 (7) The operator of a motor vehicle or trailer 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.
Penalty: $2,000
 (8) Subregulations (6) and (7) do not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
 (a) the person was not responsible for maintenance of the vehicle; and
 (b) someone else was responsible for maintenance of the vehicle.