Document ID: chunk:federal_register_of_legislation:F2009C00402:body:0:p9
Version: federal_register_of_legislation:F2009C00402
Segment Type: other
Provision Reference: 
Character Range: 23339–26333

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 reduce the likelihood of legal challenge.

 Notices, or the letters accompanying them, should:

           * clearly state the alleged offence

           * state what action needs to be taken (e.g. require that the vehicle be rectified within a certain period of time or require that it reports to a testing centre)

           * state the nature of the sanction if the action is not taken

           * state what action is required to clear the notice (ranging from provision of receipts from a qualified mechanic to a specified dynamometer test)

           * explain why excessive smoke is unacceptable to the community and the role of maintenance in reducing smoke emissions from in-service vehicles

           * explain what appeals measures are in place.

 Jurisdictions should consider how they wish to 'clear' a notice.  A requirement to provide receipts from a qualified repairer is commonly used with existing programs, but jurisdictions that introduce a vehicle testing program (Schedule A(2)) may wish to introduce a requirement that the vehicle must undergo a full emissions test.  Alternatively, jurisdictions should consider whether requiring a full roadworthiness test would better encourage compliance.  Results from a program can be improved when reports are followed up to ensure that those vehicles identified as emitting excessive smoke have been repaired.

3.3   Training and authorising authorised officers

 As smoky vehicle reports may be received from a number of agencies (e.g. Police, Transport, EPA) it is important that officers in all relevant agencies are trained to ensure consistency of administration.  Draft guidelines for compliance with the 10 second rule are publicly available from the National Transport Commission.  Vehicle owners and operators may have an expectation of how the rule will be enforced based on the NTC guidelines.

 The means by which officers are authorised will depend on the legal framework in each jurisdiction.

3.4   Public reporting program

 Public reporting programs are an effective and popular mechanism to identify smoky vehicles and an alternative to general education campaigns.  They may also be useful in helping to keep the issue of vehicle air pollution in the minds of the public and demonstrate to the community, in particular vehicle owners, that authorities are serious about improving air quality.

 Reports by the public should generally require the:

           * name, address and telephone number of the person making the report;

           * time and place of the observation; and

           * make, colour and registration number of the vehicle observed.

 Due to the potential unreliability of public reports, a warning letter only should be