National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009 Select Legislative Instrument No. 294, 2009 made under the National Transport Commission Act 2003 Compilation No. 1 Compilation date: 5 March 2016 Includes amendments up to: F2016L00170 Registered: 26 May 2016 About this compilation This compilation This is a compilation of the National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Name of Regulations 2 Commencement 3 Model legislation—Model Law on Engine Brake Noise Limits Schedule 1—Model Law on Engine Brake Noise Limits Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 1 Name of Regulations These Regulations are the National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009. 2 Commencement These Regulations commence on the day after they are registered. 3 Model legislation—Model Law on Engine Brake Noise Limits Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out amendments, in the form of regulations and suggested provisions, to model legislation about engine brake noise limits. Note 1: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003. Note 2: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003. Schedule 1—Model Law on Engine Brake Noise Limits (regulation 3) Contents Page 1. Name 2. Purpose 3. Approval 4. Amendment to the Australian Vehicle Standards Rules 5. Amendment to the Vehicle Standards Regulations 6. Suggested supplementary evidentiary provisions Model Law on Engine Brake Noise Limits The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect. 1. Name This is the Model Law on Engine Brake Noise Limits. 2. Purpose The purpose of this Law is – (a) to amend the Australian Vehicle Standards Rules and the Vehicle Standards Regulations to impose a limit on the level of noise emitted by engine brake devices; and (b) to set out suggested evidentiary provisions to support those amendments. 3. Approval This Law was approved by the Australian Transport Council on 26 October 2007. 4. Amendment to the Australian Vehicle Standards Rules After rule 153 of the Australian Vehicle Standards Rules insert – "153A Limits on engine brake noise (1) In this rule – approved engine brake noise measuring and recording device means a device that measures and records the engine brake noise emitted by a vehicle and that is of a type that has been approved by the [relevant jurisdictional authority] as suitable for the enforcement of engine brake noise limits; modulated RMS means the figure that results from applying the method set out in National In‑Service Test Procedures for Engine Brake Noise From Heavy Vehicles dated August 2007 published by the National Transport Commission, as amended from time to time, to a heavy vehicle's engine brake noise as measured and recorded by an approved engine brake noise measuring and recording device in accordance with the procedures set out in that document. (2) An engine brake device fitted to a motor vehicle must not emit noise that has a modulated RMS of more than 1.7. (3) For the purposes of sub‑rule (2), an engine brake device includes any exhaust outlets of the device, and anything attached to such outlets, including mufflers.". 5. Amendment to the Vehicle Standards Regulations After regulation 14 of the Road Transport Reform (Vehicle Standards) Regulations insert – "14A. Engine brake devices not complying with Vehicle Standards If an engine brake device contravenes rule 153A of the Vehicle Standards, the operator of the vehicle to which the device is fitted commits an offence. Penalty: [local variations].". [Implementation note: As these provisions are novel, it is intended that the amendments will only be introduced after the intention to introduce them has been well‑publicised. It is also intended that first offenders will be dealt with by way of a warning that includes information as to how a repetition of the offence can be prevented.] 6. Suggested supplementary evidentiary provisions [Drafting note: In most, if not all, jurisdictions, these provisions will need to be enacted as primary legislation.] "x. Evidence of engine brake noise A document that has been produced by either an approved engine brake noise measuring and recording device or an approved camera recording device and that shows one or more images of a vehicle together with details purporting to be a modulated RMS and the date, time and place at which the modulated RMS was measured and recorded – (a) is admissible in any proceedings; and (b) is evidence that the engine brake noise emitted from the engine brake device fitted to that vehicle had that modulated RMS at that date, time and place. y. Evidence of engine brake noise A statement in a certificate purporting to have been issued by [relevant jurisdictional authorities/ officers] that, at a specified time or during a specified period – (a) a specified device is, or was, an approved engine brake noise measuring and recording device or an approved camera recording device; (b) a specified approved engine brake noise measuring and recording device or approved camera recording device was tested or sealed in a specified way; (c) a specified approved engine brake noise measuring and recording device or an approved camera recording device was operated in a specified way; (d) a specified modulated RMS relates to a specified vehicle – is admissible in any proceedings and is evidence of the matters stated.". [Drafting note: These provisions will need to be supported by definitions of "approved engine brake noise measuring and recording device", "modulated RMS" and the following: "approved camera recording device means a device approved by [relevant jurisdictional authority] as suitable for the enforcement of engine brake noise limits that is designed to be attached to an approved engine brake noise measuring and recording device for the purpose of producing, in respect of any vehicle that has any noise that it emits measured and recorded by that device, a document containing one or more images of the vehicle together with details of – (a) the modulated RMS of that noise as recorded by that device; and (b) the date, time and place the measurement was taken and recorded; engine brake device includes any exhaust outlets of the device, and anything attached to such outlets, including mufflers.". Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009 (SLI No. 294, 2009) 4 Nov 2009 (F2009L04050) 5 Nov 2009 (r 2) Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 29 Feb 2016 (F2016L00170) Sch 1 (item 40): 5 Mar 2016 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected r 3..................... am F2016L00170