Are External Wastegate Illegal In Vicroria?
- Thread starter FLIBYUGSR
- Start date
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3zercrowd
Donating Member
matress said:
Serious? :? Even plumbed back in?
JSTYLE
I AM THEEE DYNO QUEEN!
EVO-00X said:Show me where it says that in black and white?
(As long as they pass emissions why cant they be used? I say
porsches/volkswagon etc.. have externals FACTORY on their car..
if the external is plumbed into the exhaust and passes emissions it should be deemed legal.. i cant find any hard documentation saying its illegal if plumbed bak.
Jon
CLuTZ
Diamonds are forever....
The higher spec audi's have them factory also......
dre
dre
i'm pretty sure the epa says that they're illegal no matter what... i contacted them about it quite a while ago, however, i don't understand what difference it makes if it passes emissions testing, but then again, i don't understand a lot of EPA/RTA guidelines
what is this "legal" thing you guys are talking about :wink:
from a mechanical perspective, if its plumbed back its the same as stock basically. i cant seem to believe it would cause any issues.
what i can see happening though i someone getting pulled over by the police, opening the bonnet and getting a ticket and sticker for "the shinny thing down there... BOV?"
:lol:
from a mechanical perspective, if its plumbed back its the same as stock basically. i cant seem to believe it would cause any issues.
what i can see happening though i someone getting pulled over by the police, opening the bonnet and getting a ticket and sticker for "the shinny thing down there... BOV?"
:lol:
crossover
Member
http://epanote2.epa.vic.gov.au/EPA/Publications.nsf/d85500a0d7f5f07b4a2565d1002268f3/c90ec843f3bbbe8fca256d9f00181c59/$FILE/1031.pdf
I knew id seen it somewhere...
Page 7
I knew id seen it somewhere...
Page 7
The Victorian EPA document in the link above states:
Variable turbocharger boost valves (boost controllers) or other means of altering boost levels are not permitted unless part of an original
manufacturers fitment.
Blow off (pop off) valves must be plumbed back into the system. Atmospheric venting is not permitted.
External wastegates are not permitted.
The onus is on the fitter of the turbocharger/supercharger and the owner of the vehicle to meet the above conditions.
Referring to the section in red font above, I believe that the VIC EPA forgot the word 'venting' in there somewhere + 'Atmospheric venting is not permitted'. I think whomever was responsible for putting that document together is mistaking the word 'external' for 'external venting' which of course is illegal and probably doesnt understand how an external wastegate setup works (the NSW ruling is different and actually allows you to use external wastegates).
External wastegates are still wastegates doing the exact same job as an internal wastegate. There is no difference between external/internal wastegates provided the external wastegate is plumbacked into the exhaust. As mentioned earlier external wastegates do come fitted from the factory on some cars and they are plumbacked like they should be.
VicRoads and the NSW RTA vehicle standards bulletins/ light vehicle modification act (and recently the National Code of Practice for Light Vehicle Modifications) mainly comprises of old documentation that is severly outdated. The RTA's Code of Practice for Light Vehicle Modifications hasnt been updated since 1996!!! Engineer's hands are tied in some instances because they must adhere to what it states in black and white. Many engineers laugh at these documents because they simply do not make sense in some instances. You'll find engineer's will say that as long as the vehicle passes EPA emissions it's OK. But I suppose it's gotta pass EPA first as per the extract from the EPA doc above :roll:
As for seeing 'external wastegates' in black and white I have now seen it for the first time in the Victorian EPA documentation (not in VicRoads or RTA docs which are the motoring governing bodies for each state).
Now back to the NSW RTA documentation. Please refer to the doc here on Page 6: http://www.environment.nsw.gov.au/resources/vehiclenoise07055.pdf
Avoid fitting your vehicle with a pod-type air filter. This filter increases engine induction noise and may also increase exhaust gas pollution. Under clause 20 of the Regulation, it is an offence to modify an engines air intake when it results in an engine noise level exceeding the maximum level specified in the Regulation.
Do not fit blow-off valves that vent directly into the atmosphere. Blow-off valves that vent back into the induction system are allowed.
Waste gate valves are nonstandard pressure release valves for turbochargers. These devices increase the noise from engines and can cause disturbance. If you are fitting these valves, ensure they do not vent directly into the atmosphere but into the exhaust system upstream of any mufflers.
So as per above, NSW allow external wastegates provided they are plumbacked into the exhaust
Variable turbocharger boost valves (boost controllers) or other means of altering boost levels are not permitted unless part of an original
manufacturers fitment.
Blow off (pop off) valves must be plumbed back into the system. Atmospheric venting is not permitted.
External wastegates are not permitted.
The onus is on the fitter of the turbocharger/supercharger and the owner of the vehicle to meet the above conditions.
Referring to the section in red font above, I believe that the VIC EPA forgot the word 'venting' in there somewhere + 'Atmospheric venting is not permitted'. I think whomever was responsible for putting that document together is mistaking the word 'external' for 'external venting' which of course is illegal and probably doesnt understand how an external wastegate setup works (the NSW ruling is different and actually allows you to use external wastegates).
External wastegates are still wastegates doing the exact same job as an internal wastegate. There is no difference between external/internal wastegates provided the external wastegate is plumbacked into the exhaust. As mentioned earlier external wastegates do come fitted from the factory on some cars and they are plumbacked like they should be.
VicRoads and the NSW RTA vehicle standards bulletins/ light vehicle modification act (and recently the National Code of Practice for Light Vehicle Modifications) mainly comprises of old documentation that is severly outdated. The RTA's Code of Practice for Light Vehicle Modifications hasnt been updated since 1996!!! Engineer's hands are tied in some instances because they must adhere to what it states in black and white. Many engineers laugh at these documents because they simply do not make sense in some instances. You'll find engineer's will say that as long as the vehicle passes EPA emissions it's OK. But I suppose it's gotta pass EPA first as per the extract from the EPA doc above :roll:
As for seeing 'external wastegates' in black and white I have now seen it for the first time in the Victorian EPA documentation (not in VicRoads or RTA docs which are the motoring governing bodies for each state).
Now back to the NSW RTA documentation. Please refer to the doc here on Page 6: http://www.environment.nsw.gov.au/resources/vehiclenoise07055.pdf
Avoid fitting your vehicle with a pod-type air filter. This filter increases engine induction noise and may also increase exhaust gas pollution. Under clause 20 of the Regulation, it is an offence to modify an engines air intake when it results in an engine noise level exceeding the maximum level specified in the Regulation.
Do not fit blow-off valves that vent directly into the atmosphere. Blow-off valves that vent back into the induction system are allowed.
Waste gate valves are nonstandard pressure release valves for turbochargers. These devices increase the noise from engines and can cause disturbance. If you are fitting these valves, ensure they do not vent directly into the atmosphere but into the exhaust system upstream of any mufflers.
So as per above, NSW allow external wastegates provided they are plumbacked into the exhaust
This is pretty interesting, I've known people to be defected for pod filters and have the reason stated as 'excessive noise' but do a little investigation and look what you find:
The EPA document says:
"Avoid fitting your vehicle with a pod-type air filter. This filter increases engine induction noise and may also increase exhaust gas pollution. Under clause 20 of the Regulation, it is an offence to modify an engines air intake when it results in an engine noise level exceeding the maximum level specified in the Regulation" (To me, the wording isnt definitive because it doesnt actually say "DO NOT" use a pod filter. Its interpreted as "Avoid using one because it can effect Noise levels" and to check against Clause 20)
Clause 20 in the Protection of the Environment Operations (Noise Control) Regulation 2000) says:
20 Repairs and modifications
A person must not cause or permit a motor vehicles engine, or its air intake or exhaust system, to be modified or repaired in such a manner that the maximum noise level of the motor vehicle after the repair or modification (regardless of the noise level of the motor vehicle before the repair or modification) exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle.
The Schedule 1 section for motor vehicles (the rest is for motorbikes and trucks etc) says:
I dunno about how you guys interpret it, but as far as I can see you can fit a pod filter as well as long as it doesnt make the vehicle's noise levels over 90Db. What do you guys think? I'll check the ruling in regard to pod filters and air emissions next.
The EPA document says:
"Avoid fitting your vehicle with a pod-type air filter. This filter increases engine induction noise and may also increase exhaust gas pollution. Under clause 20 of the Regulation, it is an offence to modify an engines air intake when it results in an engine noise level exceeding the maximum level specified in the Regulation" (To me, the wording isnt definitive because it doesnt actually say "DO NOT" use a pod filter. Its interpreted as "Avoid using one because it can effect Noise levels" and to check against Clause 20)
Clause 20 in the Protection of the Environment Operations (Noise Control) Regulation 2000) says:
20 Repairs and modifications
A person must not cause or permit a motor vehicles engine, or its air intake or exhaust system, to be modified or repaired in such a manner that the maximum noise level of the motor vehicle after the repair or modification (regardless of the noise level of the motor vehicle before the repair or modification) exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle.
The Schedule 1 section for motor vehicles (the rest is for motorbikes and trucks etc) says:
I dunno about how you guys interpret it, but as far as I can see you can fit a pod filter as well as long as it doesnt make the vehicle's noise levels over 90Db. What do you guys think? I'll check the ruling in regard to pod filters and air emissions next.
OK, The emissions side of things is a lot more involved so if you have time please refer to the resource http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+642+2002+first+0+N .
In relation to motor vehicles, the Regulation deals with the following matters:
* the emission of air impurities, including excessive smoke from motor vehicles;
* the compulsory fitting and maintenance of anti-pollution devices, and exemptions from these requirements; and
* the method of transfer of petrol into a vehicle's fuel tank.
I've taken out the crap and pretty much condensed the NSW Regulation as per Part 3 - Motor vehicles and motor vehicle fuels, in the Protection of the Environment Operations (Clean Air) Regulation 2002 . It states:
Division 1 - Basic definitions of the terms and wording utilised within the legislation so no point boring you with them.
Division 2 - Air Impurities:
8 - Definition of excessive air impurities: section 154
(1) This clause applies to motor vehicles propelled by a spark-ignition or diesel engine.
(2) A motor vehicle emits excessive air impurities as referred to in section 154 (2) (a) of the Act if, when in operation, it emits air impurities in excess of such a standard of concentration that air impurities are visible for a continuous period of more than 10 seconds when determined in accordance with Test Method 31.
(3) A motor vehicle emits excessive air impurities as referred to in section 154 (2) (b) of the Act if, when tested in accordance with Test Method 31, it emits air impurities in excess of an amount per test that results in air impurities being visible for a continuous period of more than 10 seconds.
9 - Motor vehicles emitting excessive air impurities
(1) An owner of a motor vehicle is guilty of an offence if the vehicle emits excessive air impurities while being used.
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 owner proves that the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used.
(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) 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.
Division 3 Prescribed anti-pollution devices
10 - Prescribed anti-pollution devices: section 154
For the purposes of the definition of prescribed anti-pollution device in section 154 (1) of the Act, each of the following devices is prescribed as a device that is designed or intended to minimise air pollution caused by motor vehicles:
(a) an evaporative emission control system, that is, a system of devices and equipment that is designed to trap the evaporative emissions from a motor vehicles fuel tank and fuel supply system and so restrict their release to the atmosphere,
(b) a fuel supply system, that is, a system of devices and equipment that is designed:
(i) to convey fuel to a direct injection engine, or
(ii) to convey fuel to an engines air intake system, to mix the fuel with air and to convey the mixture of fuel and air into the engine,
(c) an engine ignition system, that is, a system of devices and equipment that is designed to ignite the fuel, or the mixture of fuel and air, in a motor vehicles engine,
(d) an engine management system, that is, a system of devices and equipment that is designed to control the operation of a motor vehicles fuel supply system and engine ignition system,
(e) a smoke-limiting throttle control system, that is, a system of devices and equipment that is designed to limit the maximum rate at which fuel can go into a diesel-engined motor vehicle and so reduce the amount of smoke emitted by the motor vehicle while it is being accelerated,
(f) an exhaust gas recirculation system, that is, a system of devices and equipment that is designed to convey exhaust gases from a spark ignition engine to the engines air intake system for the purpose of reducing the amount of oxygen in the mixture of air and fuel going into the engine and so reducing the amount of oxides of nitrogen emitted by the engine,
(g) a catalytic converter system, that is, a system of devices and equipment that is designed to induce a catalytic reaction between the various exhaust gases that are emitted from a motor vehicles engine and so reduce the emission of air impurities by the motor vehicle,
(h) a complying exhaust pipe, that is, an exhaust pipe that complies with the requirements of clause 11.
11 - Fitting of certain anti-pollution devices to be compulsory: sections 156 and 161 and clause 15
This is to do with vehicles such as trucks utilising a vertical exhaust pipe and not relevent to motor vehicles
12 - Automatic exemption of certain vehicles from clause 11
This basically talks about vehicles exempt from the above such as pre '76 manufacture, special purpose motor vehicles where they cannot use vertical mufflers (i.e. fire engines and elevated work platforms where you dont want vapours flowing into the path of people off the ground), basically it's not related to us.
13 - EPA may exempt rural table-top trucks from clause 11
Not applicable
Division 4 Use and maintenance of motor vehicles
14 - Maintenance of vehicles: section 159 and clause 16
Basically refers to parts of the Act which state that the vehicle 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.
(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.
(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.
(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.
The rest is pretty much not applicable
_______________________________________________________
Then there is the Smoky Vehicles Program which RTA, local council and Police officers also assist the EPA in enforcing the smoky vehicle laws.
EPA and other officers who have been trained in smoky vehicle observation and reporting regularly patrol streets and highways in NSW to observe and report smoky vehicles. An enforcement officer (who has undertaken the training and been officially designated to enforce the relevant legislation) may automatically issue the owner of a smoky vehicle used for commercial purposes with a $400 fine (because commercial vehicles may potentially emit far greater levels of pollution and travel for longer periods and require more maintenance than a private vehicle)
An enforcement officer may issue the owner of a smoky vehicle used for private purposes with a warning letter on the first observation. The warning letter requires that the owner have the vehicle repaired within 21 days. If it is not demonstrated that the vehicle has been satisfactorily repaired within 21 days, a $200 fine can be issued to the owner. Subsequent observations by an enforcement officer of the same vehicle smoking will result in a fine.
Defective Vehicle Notices can be issued and court action can be taken against owners of vehicles who fail to repair their vehicles as directed and/or which are observed on a number of occasions.
More about the legislation - breaking it down to what we need to know
Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997 [/b]Clause 27: Motor vehicles emitting excessive air impurities
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 it emits excessive air impurities. Maximum penalty: $44,000 in the case of a corporation (400 penalty units), or $22,000 in the case of an individual (200 penalty units).
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.
OK, so let's go to the ACT below:
Protection of the Environment Operations Act 1997
Section 154 (2)
For the purposes of this Part, a motor vehicle emits excessive air impurities if:
(a) when in operation, it emits at any point specified in or determined in accordance with the regulations, air impurities in excess of the standard of concentration and the rate (or the standard of concentration or the rate) prescribed in respect of the class of motor vehicles to which the motor vehicle belongs, or
(b) when tested in the prescribed manner, it emits air impurities in excess of the amount per test prescribed in respect of the class of motor vehicles to which the motor vehicle belongs.
OK, so let's look at the prescribed manner in which to test the vehicle:
Prescribed Manner from section 154 (2) POEO Act - Observation procedure for excessive air impurities: visible emissions - Test Method 31
When an observer is determining if a vehicle is being used in breach of the clause limiting visible emissions, the following principles apply:
* The observer must be satisfied that the vehicle generating the visible emissions is correctly identified.
* The observer must be satisfied that the emissions are visible not just because of heat or the condensation of water vapour.
* The emissions must be continuously visible for more than 10 seconds.
The following details of the observation must be recorded:
* Length of time in seconds that the visible emissions were observed.
* Registration number of the motor vehicle under observation.
* Type of motor vehicle under observation.
* Colour and darkness, in the opinion of the observer, of the air impurities emitted.
* Location, date and approximate time of day that the observation was made.
___________________________________________________________
So what's the verdict? I dont have excessive smoke coming out the back of my car, but how can I get defected for emissions? and am I actually allowed to use a pod filter or aftermarket ECU?
Well, put simply, you MUST retain the pollution devices that came out in the car from factory and if you modify or remove them you must prove its compliance. A factory airbox and ECU form part of the factory emissions controls so YOU CAN be defected for not having the factory airbox and ECU in place - a lot of us know this already. BUT, you CANT be defected for causing emissions unless the EPA, Police, or RTA can prove that you're guilty of not meeting emissions standards. And the only way they can do this is via an emissions test carried out in accordance to the Department of Environment and Conservation Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales . The documentation on this is here: http://www.environment.nsw.gov.au/resources/07001amsaap.pdf
If the Police pull you over they can defect you for not using a factory air filter only, and they can direct you to an emissions testing facility. If you pass emissions with a pod filter then you've got no problem (get some evidence of your compliance while you're there). Otherwise the pod filter will require inclusion in your Engineers Report as forming part of a modified emissions system plus it will ALSO need to be tested at an EPA facility for compliance. The Engineer will require the EPA test results as compliance to all associated Regulations and ADR's before 100% approving your vehicle
In relation to motor vehicles, the Regulation deals with the following matters:
* the emission of air impurities, including excessive smoke from motor vehicles;
* the compulsory fitting and maintenance of anti-pollution devices, and exemptions from these requirements; and
* the method of transfer of petrol into a vehicle's fuel tank.
I've taken out the crap and pretty much condensed the NSW Regulation as per Part 3 - Motor vehicles and motor vehicle fuels, in the Protection of the Environment Operations (Clean Air) Regulation 2002 . It states:
Division 1 - Basic definitions of the terms and wording utilised within the legislation so no point boring you with them.
Division 2 - Air Impurities:
8 - Definition of excessive air impurities: section 154
(1) This clause applies to motor vehicles propelled by a spark-ignition or diesel engine.
(2) A motor vehicle emits excessive air impurities as referred to in section 154 (2) (a) of the Act if, when in operation, it emits air impurities in excess of such a standard of concentration that air impurities are visible for a continuous period of more than 10 seconds when determined in accordance with Test Method 31.
(3) A motor vehicle emits excessive air impurities as referred to in section 154 (2) (b) of the Act if, when tested in accordance with Test Method 31, it emits air impurities in excess of an amount per test that results in air impurities being visible for a continuous period of more than 10 seconds.
9 - Motor vehicles emitting excessive air impurities
(1) An owner of a motor vehicle is guilty of an offence if the vehicle emits excessive air impurities while being used.
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 owner proves that the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used.
(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) 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.
Division 3 Prescribed anti-pollution devices
10 - Prescribed anti-pollution devices: section 154
For the purposes of the definition of prescribed anti-pollution device in section 154 (1) of the Act, each of the following devices is prescribed as a device that is designed or intended to minimise air pollution caused by motor vehicles:
(a) an evaporative emission control system, that is, a system of devices and equipment that is designed to trap the evaporative emissions from a motor vehicles fuel tank and fuel supply system and so restrict their release to the atmosphere,
(b) a fuel supply system, that is, a system of devices and equipment that is designed:
(i) to convey fuel to a direct injection engine, or
(ii) to convey fuel to an engines air intake system, to mix the fuel with air and to convey the mixture of fuel and air into the engine,
(c) an engine ignition system, that is, a system of devices and equipment that is designed to ignite the fuel, or the mixture of fuel and air, in a motor vehicles engine,
(d) an engine management system, that is, a system of devices and equipment that is designed to control the operation of a motor vehicles fuel supply system and engine ignition system,
(e) a smoke-limiting throttle control system, that is, a system of devices and equipment that is designed to limit the maximum rate at which fuel can go into a diesel-engined motor vehicle and so reduce the amount of smoke emitted by the motor vehicle while it is being accelerated,
(f) an exhaust gas recirculation system, that is, a system of devices and equipment that is designed to convey exhaust gases from a spark ignition engine to the engines air intake system for the purpose of reducing the amount of oxygen in the mixture of air and fuel going into the engine and so reducing the amount of oxides of nitrogen emitted by the engine,
(g) a catalytic converter system, that is, a system of devices and equipment that is designed to induce a catalytic reaction between the various exhaust gases that are emitted from a motor vehicles engine and so reduce the emission of air impurities by the motor vehicle,
(h) a complying exhaust pipe, that is, an exhaust pipe that complies with the requirements of clause 11.
11 - Fitting of certain anti-pollution devices to be compulsory: sections 156 and 161 and clause 15
This is to do with vehicles such as trucks utilising a vertical exhaust pipe and not relevent to motor vehicles
12 - Automatic exemption of certain vehicles from clause 11
This basically talks about vehicles exempt from the above such as pre '76 manufacture, special purpose motor vehicles where they cannot use vertical mufflers (i.e. fire engines and elevated work platforms where you dont want vapours flowing into the path of people off the ground), basically it's not related to us.
13 - EPA may exempt rural table-top trucks from clause 11
Not applicable
Division 4 Use and maintenance of motor vehicles
14 - Maintenance of vehicles: section 159 and clause 16
Basically refers to parts of the Act which state that the vehicle 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.
(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.
(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.
(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.
The rest is pretty much not applicable
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Then there is the Smoky Vehicles Program which RTA, local council and Police officers also assist the EPA in enforcing the smoky vehicle laws.
EPA and other officers who have been trained in smoky vehicle observation and reporting regularly patrol streets and highways in NSW to observe and report smoky vehicles. An enforcement officer (who has undertaken the training and been officially designated to enforce the relevant legislation) may automatically issue the owner of a smoky vehicle used for commercial purposes with a $400 fine (because commercial vehicles may potentially emit far greater levels of pollution and travel for longer periods and require more maintenance than a private vehicle)
An enforcement officer may issue the owner of a smoky vehicle used for private purposes with a warning letter on the first observation. The warning letter requires that the owner have the vehicle repaired within 21 days. If it is not demonstrated that the vehicle has been satisfactorily repaired within 21 days, a $200 fine can be issued to the owner. Subsequent observations by an enforcement officer of the same vehicle smoking will result in a fine.
Defective Vehicle Notices can be issued and court action can be taken against owners of vehicles who fail to repair their vehicles as directed and/or which are observed on a number of occasions.
More about the legislation - breaking it down to what we need to know
Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997 [/b]Clause 27: Motor vehicles emitting excessive air impurities
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 it emits excessive air impurities. Maximum penalty: $44,000 in the case of a corporation (400 penalty units), or $22,000 in the case of an individual (200 penalty units).
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.
OK, so let's go to the ACT below:
Protection of the Environment Operations Act 1997
Section 154 (2)
For the purposes of this Part, a motor vehicle emits excessive air impurities if:
(a) when in operation, it emits at any point specified in or determined in accordance with the regulations, air impurities in excess of the standard of concentration and the rate (or the standard of concentration or the rate) prescribed in respect of the class of motor vehicles to which the motor vehicle belongs, or
(b) when tested in the prescribed manner, it emits air impurities in excess of the amount per test prescribed in respect of the class of motor vehicles to which the motor vehicle belongs.
OK, so let's look at the prescribed manner in which to test the vehicle:
Prescribed Manner from section 154 (2) POEO Act - Observation procedure for excessive air impurities: visible emissions - Test Method 31
When an observer is determining if a vehicle is being used in breach of the clause limiting visible emissions, the following principles apply:
* The observer must be satisfied that the vehicle generating the visible emissions is correctly identified.
* The observer must be satisfied that the emissions are visible not just because of heat or the condensation of water vapour.
* The emissions must be continuously visible for more than 10 seconds.
The following details of the observation must be recorded:
* Length of time in seconds that the visible emissions were observed.
* Registration number of the motor vehicle under observation.
* Type of motor vehicle under observation.
* Colour and darkness, in the opinion of the observer, of the air impurities emitted.
* Location, date and approximate time of day that the observation was made.
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So what's the verdict? I dont have excessive smoke coming out the back of my car, but how can I get defected for emissions? and am I actually allowed to use a pod filter or aftermarket ECU?
Well, put simply, you MUST retain the pollution devices that came out in the car from factory and if you modify or remove them you must prove its compliance. A factory airbox and ECU form part of the factory emissions controls so YOU CAN be defected for not having the factory airbox and ECU in place - a lot of us know this already. BUT, you CANT be defected for causing emissions unless the EPA, Police, or RTA can prove that you're guilty of not meeting emissions standards. And the only way they can do this is via an emissions test carried out in accordance to the Department of Environment and Conservation Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales . The documentation on this is here: http://www.environment.nsw.gov.au/resources/07001amsaap.pdf
If the Police pull you over they can defect you for not using a factory air filter only, and they can direct you to an emissions testing facility. If you pass emissions with a pod filter then you've got no problem (get some evidence of your compliance while you're there). Otherwise the pod filter will require inclusion in your Engineers Report as forming part of a modified emissions system plus it will ALSO need to be tested at an EPA facility for compliance. The Engineer will require the EPA test results as compliance to all associated Regulations and ADR's before 100% approving your vehicle
