Part 2 Motor vehicle and motor vehicle accessories
Division 1 Sale of motor vehicles and motor vehicle accessories
Note. Section 136 of the Act creates an offence of selling any article of a class prescribed by the regulations if, when in use or operation, the article emits noise in excess of a prescribed level.A person who is guilty of an offence under section 136 of the Act is liable, on conviction:
(a) in the case of a corporation—to a penalty not exceeding $60,000 and, in the case of a continuing offence, to a further penalty not exceeding $6,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $30,000 and, in the case of a continuing offence, to a further penalty not exceeding $600 for each day the offence continues. (Section 141 of the Act).
Subdivision 1 Motor vehicles and related articles
5 Sale of motor vehicles generally
(1) For the purposes of section 136 of the Act:(a) motor vehicles are a prescribed class of articles, and(b) the noise level specified in Schedule 1 for a particular kind of motor vehicle is the prescribed noise level for a motor vehicle of that kind.(2) However, special purpose motor vehicles are excluded from the class of articles prescribed by subclause (1).
6 Sale of used motor vehicles with defective noise control equipment
(1) A person must not sell a used motor vehicle if the motor vehicle’s noise control equipment:(a) is not securely in place, or(b) is defective.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) For the purposes of subclause (1) (b), defective noise control equipment includes:(a) equipment that allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or(b) equipment that has, in the opinion of an authorised officer, been modified in a way that makes it less effective than it would have been if not for the modification, or(c) equipment that allows gas to escape from a place other than the intended exhaust outlet, or(d) if the equipment concerned comprises a system of mufflers—the system contains fewer mufflers than the original system fitted by the vehicle manufacturer.
Subdivision 2 Motor vehicle horns
7 Subdivision applies only to retail sale of new motor vehicle horns
This Subdivision applies to the sale of new motor vehicle horns by retail, but does not apply to the sale of motor vehicle horns otherwise than by retail or to the sale of second-hand motor vehicle horns.
8 Sale of motor vehicle horns generally
(1) For the purposes of section 136 of the Act:(a) motor vehicle horns that emit noise at a single non-varying loudness and pitch are a prescribed class of articles, and(b) 120 dB(A) is the prescribed noise level for such motor vehicle horns.(2) For the purposes of section 136 of the Act:(a) motor vehicle horns that emit noise otherwise than at a single non-varying loudness and pitch are a prescribed class of articles, and(b) 85 dB(A) is the prescribed noise level for such motor vehicle horns.(3) Motor vehicle horns that are sold for the express purpose of being attached to or forming part of any of the following motor vehicles are excluded from the classes of articles prescribed by subclauses (1) and (2):(a) a police vehicle, or(b) an emergency vehicle, or(c) an Australian Protective Service vehicle, or(d) an Australian Customs Service vehicle, or(e) an Airservices Australia vehicle, or(f) a vehicle at least 25 years old that is fitted as a police or emergency vehicle if:(i) the vehicle is used for exhibition purposes, or(ii) it is part of a collection of former police or emergency vehicles.(4) In subclause (3), police vehicle and emergency vehicle have the same meanings as in the Dictionary to the Road Transport (Vehicle Registration) Regulation 1998.Note. The definitions in the Dictionary to the Road Transport (Vehicle Registration) Regulation 1998 are as follows:emergency vehicle means:
(a) any vehicle apparently carrying a member of the Police Service on urgent duty, or(b) any fire engine, reel or other vehicle apparently proceeding in the charge of a fire fighter to a fire or other emergency, or(c) any ambulance vehicle apparently proceeding to the scene of an accident or to a hospital with an injured person or apparently conveying, or apparently proceeding to any place to convey, a person who is seriously ill, or(d) any Red Cross vehicle apparently carrying blood for an urgent transfusion.police vehicle means a vehicle driven by:
(a) a member or special member of the Australian Federal Police, or(b) a member, however described, of the Police Force of a State or Territory, or(c) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,acting in the course of his or her duty.(5) In this clause, a reference to a motor vehicle horn that is designed to emit noise at a single non-varying loudness and pitch is a reference to a device designed to emit noise that:(a) remains at a constant noise level, and(b) consists of one or more sounds that each remain at a constant frequency,while the device is being operated.
Subdivision 3 Motor vehicle intruder alarms
9 Subdivision applies only to retail sale of new motor vehicle intruder alarms
This Subdivision applies to the sale of new motor vehicle intruder alarms by retail, but does not apply to the sale of motor vehicle intruder alarms otherwise than by retail or to the sale of second-hand motor vehicle intruder alarms.
10 Sale of motor vehicle intruder alarms generally
For the purposes of section 136 of the Act:(a) motor vehicle intruder alarms are a prescribed class of articles, and(b) 115 dB(A) is the prescribed noise level for motor vehicle intruder alarms.
11 Sale of motor vehicle intruder alarms with a panic or override switch
A person must not sell a motor vehicle intruder alarm whose sounding device is operable (while the engine of the motor vehicle is running or the ignition of the motor vehicle is turned on) by means of a panic or override switch.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
12 Sale of motor vehicle intruder alarms having certain sound characteristics
(1) A person must not sell a motor vehicle intruder alarm (including any component of a motor vehicle intruder alarm) that consists of:(a) a dual tone horn:(i) that has a lower frequency tone of 1,000 Hertz or less, and(ii) that has a higher frequency tone of 2,000 Hertz or less, and(iii) that emits between 40 and 100 cycles of sound per minute (each cycle consisting of a lower pitched sound followed by a higher pitched sound), or(b) a variable tone horn:(i) that has a lower frequency tone of 1,000 Hertz or less, and(ii) that has a higher frequency tone of 2,000 Hertz or less, and(iii) that emits between 5 and 20 cycles of sound per minute (each cycle consisting of a sound that moves from the lower frequency to the higher frequency and then returns to the lower frequency), or(c) a rising tone horn:(i) that has a lower frequency tone of 100 Hertz or less, and(ii) that has a higher frequency tone of 2,600 Hertz or less, and(iii) that emits between 100 and 200 cycles of sound per minute (each cycle consisting of an ascending tone followed by a brief interval of either descending tone or lower frequency tone before the cycle is repeated).Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) In this clause:dual tone horn means a horn that emits a continuous sound composed of the alternating emission of two predominant tones of approximately equal duration.
rising tone horn means a horn that emits a continuous sound composed of the emission of a variable frequency tone which is predominantly characterised by an ascending tone.
variable tone horn means a horn that emits a continuous sound composed of the emission of a variable frequency tone which ascends and then descends between a lower and higher frequency in a repetitive and approximately uniform manner.
Division 2 Use of motor vehicles and motor vehicle accessories
13 Use of motor vehicles on road
(1) A person must not cause or permit a motor vehicle to be used on a road if the motor vehicle is capable of emitting noise at a level in excess of the maximum noise level specified in Schedule 1 for that kind of motor vehicle.Maximum penalty:
(a) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle but does not exceed that maximum noise level by 5 dB(A)—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual, or(b) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle by 5 dB(A) but does not exceed that maximum noise level by 15 dB(A)—150 penalty units in the case of a corporation, 75 penalty units in the case of an individual, or(c) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle by 15 dB(A) or more—300 penalty units in the case of a corporation, 150 penalty units in the case of an individual.(2) A person is not guilty of an offence under this clause arising because the motor vehicle is being taken directly to:(a) a place where repairs or other work required to reduce the noise level of the vehicle are to be carried out, or(b) a place where an authorised officer may inspect or test the vehicle, or(c) a place approved by the EPA for the purposes of section 207 (2) (c) of the Act where a person approved by the EPA for the purposes of that section may inspect or test the vehicle,or is being taken directly from any such place to the place where the vehicle is usually kept.(3) A person is not guilty of an offence under this clause in relation to the use of a special purpose motor vehicle.
14 Use of motor vehicles in places other than roads
A person must not cause a motor vehicle to be used in a place (other than on a road) in such a manner that it emits offensive noise.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
15 Use of motor vehicles on residential premises
(1) A person must not cause or permit a motor vehicle to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):(a) before 8 am or after 8 pm on any Saturday, Sunday or public holiday, or(b) before 7 am or after 8 pm on any other day.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 this clause unless:(a) the person has, within 7 days after causing or permitting a motor vehicle to be used in such a manner, been warned by any other person not to cause or permit the motor vehicle to be used in that manner, and(b) the person causes or permits the motor vehicle to be used in that manner within 28 days after the warning has been given.(3) A person is not guilty of an offence under this clause merely because noise is emitted from the motor vehicle while the motor vehicle is entering or leaving residential premises.
16 Use of refrigeration units fitted to motor vehicles
(1) A person must not cause or permit a refrigeration unit fitted to a motor vehicle to be used in such a manner that it emits noise that can be heard within a habitable room in any residential premises (regardless of whether any door or window to that room is open):(a) before 8 am or after 8 pm on any Saturday, Sunday or public holiday, or(b) before 7 am or after 8 pm on any other day.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 this clause unless:(a) the person has, within 7 days after causing or permitting a refrigeration unit to be used in such a manner, been warned by any other person not to cause or permit the refrigeration unit to be used in that manner, and(b) the person causes or permits the refrigeration unit to be used in that manner within 28 days after the warning has been given.
17 Use of motor vehicle sound systems
A person must not cause the sound system of a motor vehicle to be used in such a manner that it emits offensive noise.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
17A Drive or use motor vehicle on road and road related area if vehicle’s sound system emits offensive noise
(1) A driver of a motor vehicle with a sound system must not drive or use the motor vehicle on a road or road related area if the sound system emits offensive noise.Maximum penalty: 50 penalty units.
(2) If an act or omission constitutes an offence under this clause and clause 17, the offender is not liable to be punished twice in respect of the offence.(3) In subclause (1), drive, driver and use have the same meanings as in the Road Transport (General) Act 1999.
18 Noise control equipment to be properly maintained
(1) A person must not cause or permit a motor vehicle to be used on a road or road related area if the motor vehicle’s noise control equipment:(a) is not securely in place, or(b) is defective.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person must not:(a) remove, or render less effective, a motor vehicle’s noise control equipment, otherwise than for the purpose of repairing or replacing it, or(b) replace a motor vehicle’s noise control equipment with noise control equipment that is less effective than the original noise control equipment fitted by the vehicle manufacturer.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(3) For the purposes of subclause (1) (b), defective noise control equipment includes:(a) equipment that allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or(b) equipment that has, in the opinion of an authorised officer, been modified in a way that makes it less effective than it would have been if not for the modification, or(c) equipment that allows gas to escape from a place other than the intended exhaust outlet, or(d) if the equipment concerned comprises a system of mufflers—the system contains fewer mufflers than the original system fitted by the vehicle manufacturer.
A person must not cause or permit a motor vehicle’s 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.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
20A Owners and drivers of motor vehicles involved in excess noise offences
(1) If a motor vehicle or the sound system of a motor vehicle is used contrary to clause 14 or 17, the driver and owner of the motor vehicle are each taken to be guilty of an offence under that provision.(2) Subclause (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subclause, penalty includes a penalty under a penalty notice.(3) Subclause (1) does not apply to the owner of a motor vehicle if 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.(4) Subclause (1) does not apply to the owner of a motor vehicle if the owner was not in the motor vehicle at the relevant time and:(a) gives notice in accordance with subclause (5) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.(5) The notice must be verified by statutory declaration and:(a) if a penalty notice has been given for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after service of the penalty notice, and(b) if a court is dealing with the offence—the notice must be given to the informant within 28 days after service of the summons for the offence.(6) A person who gives a statement for the purposes of subclause (4) knowing that it is false is guilty of an offence.Maximum penalty: 10 penalty units.
(7) This clause does not apply to or in respect of an act or omission that occurred before the commencement of this clause.
Subdivision 2 Motor vehicle horns
21 Motor vehicle horns generally
(1) A person must not attach a motor vehicle horn to a motor vehicle if that horn:(a) is capable of emitting noise at a single non-varying loudness and pitch at a noise level of more than 120 dB(A), or(b) is capable of emitting noise otherwise than at a single non-varying loudness and pitch at a noise level of more than 85 dB(A).Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person must not, on a road or road related area, cause or permit a motor vehicle to be used if the motor vehicle is fitted with a horn that:(a) is capable of emitting noise at a single non-varying loudness and pitch at a noise level of more than 120 dB(A), or(b) is capable of emitting noise otherwise than at a single non-varying loudness and pitch at a noise level of more than 85 dB(A).Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(3) This clause does not apply to a motor vehicle horn fitted to any of the following vehicles:(a) a police vehicle,(b) an emergency vehicle,(c) an Australian Protective Service vehicle,(d) an Australian Customs Service vehicle,(e) an Airservices Australia vehicle, or(f) a vehicle at least 25 years old that is fitted as a police or emergency vehicle if:(i) the vehicle is used for exhibition purposes, or(ii) it is part of a collection of former police or emergency vehicles.(4) In subclause (3), police vehicle and emergency vehicle have the same meanings as in the Dictionary to the Road Transport (Vehicle Registration) Regulation 1998.Note. The definitions in the Dictionary to the Road Transport (Vehicle Registration) Regulation 1998 are as follows:emergency vehicle means:
(a) any vehicle apparently carrying a member of the Police Service on urgent duty, or(b) any fire engine, reel or other vehicle apparently proceeding in the charge of a fire fighter to a fire or other emergency, or(c) any ambulance vehicle apparently proceeding to the scene of an accident or to a hospital with an injured person or apparently conveying, or apparently proceeding to any place to convey, a person who is seriously ill, or(d) any Red Cross vehicle apparently carrying blood for an urgent transfusion.police vehicle means a vehicle driven by:
(a) a member or special member of the Australian Federal Police, or(b) a member, however described, of the Police Force of a State or Territory, or(c) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth,acting in the course of his or her duty.(5) In this clause, a reference to a motor vehicle horn that is designed to emit noise at a single non-varying loudness and pitch is a reference to a device designed to emit noise that:(a) remains at a constant noise level, and(b) consists of one or more sounds that each remain at a constant frequency,while the device is being operated.
Subdivision 3 Motor vehicle intruder alarms
(1) For the purposes of this Subdivision, a person is taken to cause a motor vehicle intruder alarm to be sounded if the person leaves the motor vehicle unattended while the motor vehicle intruder alarm is turned on and the alarm subsequently sounds.(2) A motor vehicle intruder alarm that sounds intermittently is taken to sound continuously for the purpose of measuring the period of time for which it sounds.
23 Use of motor vehicle intruder alarms triggered by panic switches
A person must not, in connection with the use of a motor vehicle, cause or permit to be used a motor vehicle intruder alarm that is capable of being triggered (while the engine of the motor vehicle is running or the ignition of the motor vehicle is turned on) by means of a panic or override switch.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
24 Use of motor vehicle intruder alarms generally
(1) A person must not, in connection with the use of a motor vehicle, cause or permit a motor vehicle intruder alarm to be sounded, whether continuously or intermittently:(a) in the case of a motor vehicle manufactured before 1 September 1997—for more than 90 seconds after the alarm first sounds, or(b) in the case of a motor vehicle manufactured on or after 1 September 1997—for more than 45 seconds after the alarm first sounds.Maximum penalty:
(a) if the alarm is sounded, whether continuously or intermittently, for a period that does not exceed 24 hours—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual, or(b) if the alarm is sounded, whether continuously or intermittently, for a period that exceeds 24 hours but does not exceed 48 hours—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual, or(c) if the alarm is sounded, whether continuously or intermittently, for a period that exceeds 48 hours—300 penalty units in the case of a corporation, 150 penalty units in the case of an individual.(2) A person is not guilty of an offence under this clause if the motor vehicle intruder alarm sounds for longer than 90 or 45 seconds, as the case may be, because:(a) a window or windscreen in the motor vehicle is broken or removed, or(b) the motor vehicle is involved in an accident, or(c) the motor vehicle is illegally broken into or there is an illegal attempt to break into the motor vehicle.
25 Design and construction of motor vehicle intruder alarms
(1) A person must not, in connection with the use of a motor vehicle, cause or permit a motor vehicle intruder alarm to be sounded unless the alarm is so constructed and regulated that:(a) it has a maximum noise level of not more than 115 dB(A), and(b) it cannot be reactivated until it has been manually reset.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) This clause applies only to motor vehicles manufactured on or after 1 September 1997.
Division 3 Defective vehicle notices
(1) An authorised officer who is satisfied that a motor vehicle:(a) emits noise at a level in excess of the maximum noise level specified in Schedule 1 for that kind of motor vehicle, or(b) has no noise control equipment or has defective noise control equipment, or(c) has installed in it a motor vehicle accessory that does not comply with the Act or this Regulation,may issue a defective vehicle notice to the owner of the vehicle.(2) A defective vehicle notice is to be in the approved form and must include the following particulars:(a) the defect on the basis of which it is issued,(b) where the motor vehicle should be taken for inspection or testing for the purpose of having the notice withdrawn.(3) A defective vehicle notice may indicate:(a) what needs to be done to remedy the defect, and(b) a date after which the motor vehicle must not be used on a road or road related area if the defect has not been remedied, and(c) a date after which the motor vehicle’s registration under the Road Transport (Vehicle Registration) Act 1997 may be suspended if the defect has not been remedied.(4) An authorised officer may withdraw a defective vehicle notice if satisfied that the motor vehicle in respect of which the notice has been issued no longer has the defect on the basis of which the notice was issued.(5) If a defective vehicle notice indicates a date after which the motor vehicle must not be used on a road or road related area, a person must not cause or permit the motor vehicle to be used on a road or road related area after that date unless the notice has been withdrawn.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(6) A person is not guilty of an offence under this clause arising because the motor vehicle is being taken directly to:(a) a place where repairs or other work required to remedy the defect are to be carried out, or(b) a place where an authorised officer may inspect or test the vehicle, or(c) a place approved by the EPA for the purposes of section 207 (2) (c) of the Act where a person approved by the EPA for the purposes of that section may inspect or test the vehicle,or is being taken directly from any such place to the place where the vehicle is usually kept.
(1) An authorised officer who issues a defective vehicle notice for a motor vehicle may also affix a defective vehicle label to the inside or outside of the front windscreen of the motor vehicle or in a conspicuous position on some other part of the vehicle.(2) A defective vehicle label is to be in the approved form and must include the following particulars:(a) the defect on the basis of which the defective vehicle notice was issued,(b) the date (if any) after which the motor vehicle must not be used on a road or road related area if the defect has not been remedied,(c) such other particulars as the EPA may require.(3) An authorised officer who withdraws a defective vehicle notice for a motor vehicle must also remove, or direct the removal of, the defective vehicle label from the motor vehicle.(4) A person must not remove, obscure or deface a defective vehicle label affixed to a motor vehicle under this clause unless the person is an authorised officer or is acting under the direction of an authorised officer.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(5) A person must not cause or permit a motor vehicle to be used if the person knows, or ought reasonably to know, that a defective vehicle label affixed to the motor vehicle under this clause has been removed, obscured or defaced in contravention of subclause (4).Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(6) A person does not commit an offence under subclause (5) if the motor vehicle is being taken directly to:(a) a place where repairs or other work required to remedy the defect are to be carried out, or(b) a place where an authorised officer may inspect or test the vehicle, or(c) a place approved by the EPA for the purposes of section 207 (2) (c) of the Act where a person approved by the EPA for the purposes of that section may inspect or test the vehicle,or is being taken directly from any such place to the place where the vehicle is usually kept.