Subdivision 1 Motor vehicles and related articles
4 Sale of motor vehicles generally
For the purposes of section 136 of the Act:(a) motor vehicles, other than special purpose motor vehicles, are a prescribed class of articles, and(b) the prescribed level for a motor vehicle of a particular type that is certified to ADR 83/00 is:(i) if the compliance plate date of the vehicle is on or before 1 September 2011—the noise level established by ADR 83/00 for a motor vehicle of that type when stationary plus 5 dB(A) or the noise level specified in Schedule 1 for a motor vehicle of that type, whichever is the greater, and(ii) in any other case—the noise level established by ADR 83/00 for a motor vehicle of that type when stationary plus 5 dB(A), and(c) the prescribed level for a motor vehicle of a particular type that is not certified to ADR 83/00 is the noise level specified in Schedule 1 for a motor vehicle of that type.
5 Sale of used motor vehicles with defective noise control equipment
(1) A person must not sell a used motor vehicle if:(a) the motor vehicle has defective noise control equipment, or(b) the motor vehicle’s noise control equipment is not securely in place or has been removed and not replaced, or(c) the motor vehicle has temporary noise reduction packing, or(d) the motor vehicle has a temporary noise reduction device fitted.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under subclause (1) (c) or (d) if the conduct alleged to give rise to the offence occurs within 6 months after the commencement of this Regulation.(3) A person is not guilty of an offence under subclause (1) (d) if the temporary noise reduction device:(a) was fitted by the vehicle manufacturer, or is an equivalent replacement for any such device fitted by the vehicle manufacturer, or(b) is a plate, baffle or other device that is part of a muffler, resonator or the like and is fitted to a motor cycle.