There was a cop who dobbed me in. But an hour later I drove in the opposite direction right past a "noise level test station" on the side of the road operated by the Police in exactly the same spot. I was never sighted for excessive noise level by the test station, only by the copper who wrote my registration down. It seems that the EPA is prepared to accept Police ears over calibrated test equipment.
This was clearly a mistaken identification. Sent a letter of appeal with photos of a completely standard exhaust system with absolutely no leaks or rusted components to:
Mr Greg Howarth
Project Manager – Motor Vehicles
EPA
PO Box 4395QQ
MELBOURNE VIC 3001.
He sent a rubbish reply saying that Police reports are considered as "prima facie" evidence. This would be why the EPA prefers "calibrated ears" than "calibrated test equipment" in the first instance. It creates a "grey area" that gives them (and not the vehicle) the benefit of the doubt.
The test was done and subsequently past by 6dB(A). It wasted $37.50 of my hard earned money and my valuable afternoon.
But there are a number of things about the whole process that are very dubious...
a) The "Vehicle Test Notice" only provides information on what penalties or liabilities apply if no action is taken. It doesn't actually explain what rights of appeal that are available and whether it is defendable in a court of law. I believe that this is referred to being "denied due process" in legal speak.
b) The EPA appears to be administering the "Environment Protection Act 1970 - Section 55AC" as if it is literally above every law in the country. I was under the impression that Common Law always took precedence and within that is the presumption of innocence until proven otherwise. It would seem that vehicle owners are being treated as guilty until proven innocent at their own cost. This contravenes the fundamental rights of law-abiding citizens which we all are even if we allegedly have a noisy exhaust system. It has to be proven that way first and then you are guilty.
The above could be a basis for a class action against the EPA in every state of Australia to recover costs and expenses for the illegitimate enforcement of a vehicle test.
Is there a law firm out there with any balls to have a go at this???? Just imagine how much they would make out of it! The tester admitted that they do 50 tests per month average. And that is just one of the 26 approved testers in Victoria alone. That is a potential of 15,600 contestable notices every year in Victoria (until they fix the information on the notice), an equivalent of $585,000 recovery just in the notices. And of course, everyone needs compensation for the time off work to get the test done as well, so there are quite a few bucks there too. At a good guess, there are probably 40,000 to 50,000 notices issued Australia wide every year.
Study the Vehicle Test Notice and have a look at the 1970 ACT.
Send me your comments. I am particularly interested to hear from the legal profession (including law students eager to make a name for themselves). With the right support I could start a campaign and dedicated web site that could provide some pressure to turn the tables on the EPA and make things fairer. Really, the EPA should pay for the test if it passes. That would make them think twice before issuing these damn notices, particularly when it is marginal or just because some Police Officer thinks your car is hot and must be loud!
