Adr Rules, Engineering Certs & Defects

[SL33KY]

Hey all some input on this would be great!

Over the weekend I was pulled over by some highway hog on the Hume Hwy. I was told that he pulled me over because he could hear my exhaust and thought it was too loud (aka needed to make his quota for the weekend).

I was defected for:

My ride height

Air pod without shroud (oops)

Atmospheric BOV

Exhaust being too 'loud' under the Environment Protection Act 2000 clause 18.

I'll admit to the first 3 being my fault as my Engineering Cert states that the pod has the shroud. But the thing that is getting me, is that my exhaust has been fully engineered in accordance with the ADR 28 laws which is incorporated with the Environment Protection Act Clause 18. Which includes my decibel reading of 88db (the limit for cars is 90db), the angle at which the sound was measured, how many RPM, a diagram drawn etc.

The officer then informed me that my Engineering Cert was null and void due to further modifications after issue. The top 3 yes, but not the exhaust!

Can anyone offer some advice with this please, i'm looking at contesting this and fighting my fines for this reason, unless I am wrong of course. But isn't the reason we spend so much money on acquiring the Cert's is so we can cover our butts?

Edited April 9, 2007 by SL33KY

[MANWHORE]

The simple fact of the matter is not that you have an engineering certificate. Simple, the act requires that noise emitted is not over 90db. yours doesn't emit 90db. so you're right and he is wrong.

I would be firstly approaching the officer (after he's had some time to cool off, presenting the legislation to him, notifying him that he has the ability to correct his mistake).

I would then be approaching his superior.

If not, i'd take him to court. I'd just represent myself.

I find it rubbish that you went to the effort and expense of getting an engineering certificate, and then, you were minding your own business, and he decides to power trip you. If you were doing burnouts or speeding, fair enough. But you weren't doing anything wrong, and your car complies.

[DECIM8]

Well sounds like ur done on the pod ..

The exhaust will or should be thrown out in court but first I would forward all documentation to the address on the back of the fine/defect notice and await a reply ussually takes a good 3 months before you get any responce.

Say you accept responcibility for the shroud and BOV but want the exhaust removed as its been tested. Either way you still need to correct your ride in a few ways ..

If you get the car certifid again with the exhaust your kewl..

You engine cert means nothing to cops .. but it does mean something if done by a registered RTA approved mechanic so you have some defence in the exhaust .. but you have to fix the rest .. no question about it ..

[saliya]

I was defected for:

My ride height

Air pod without shroud (oops)

Atmospheric BOV

Exhaust being too 'loud' under the Environment Protection Act 2000 clause 18.

I'll admit to the first 3 being my fault as my Engineering Cert states that the pod has the shroud. But the thing that is getting me, is that my exhaust has been fully engineered in accordance with the ADR 28 laws which is incorporated with the Environment Protection Act Clause 18. Which includes my decibel reading of 88db (the limit for cars is 90db), the angle at which the sound was measured, how many RPM, a diagram drawn etc.

The officer then informed me that my Engineering Cert was null and void due to further modifications after issue. The top 3 yes, but not the exhaust!

Can anyone offer some advice with this please, i'm looking at contesting this and fighting my fines for this reason, unless I am wrong of course. But isn't the reason we spend so much money on acquiring the Cert's is so we can cover our butts?

Hey,

With respect to registration/insurance/driving on the road: your car is different to what the cert says;

meaning that you either need to re-certify the car as-is or change the car to match the cert. Since

you won't get an atmo BOV passed in NSW say goodbye to that, and fix the pod/ride height.

With respect to the loudness; just because your car has been modified post-cert does

not mean your car is automatically in violation of the allowable loudness levels. Exhausts

are an owner-approvable modification - if you have a meter reading using the approved

testing method, you can fight that _particular_ battle and win.

Have your car measured at an EPA-approved test station as it is right now, ASAP. Make

sure you get a written copy of the result and the tester's signature. Then you can fight

that portion of the fine.

Regards,

Saliya

[XKLABA]

firstly what did he fine you for as to my knowledge none of them should carry a fine, i've was defected 2 months ago for the same things except BOV with no fine,

bov - get a standed and put it on, ( on factory style computer will run better any way )

pod - put the shroud on and make it as per engine cert,

ride height - check it 100mm to lowest point of car ( when i got done the officer ticked the front lip and said that was to low, it has the standed S-TUNE suspenson in it, which in my book is factory and the tester thought so to )

exhaust - you have the reading if you haven't changed any thing in the exhaust it should be the same test it again,

then take it to a checking station get the defect cleared which will help when you take it to court to fight the fine

Edited April 11, 2007 by XKLABA

[Abo Bob]

With defects the cop can choose to fine you or not and can choose whether the car can be driven or not as well as how long you have to clear the defect.

I would try ringing the cop. Tell him you were doing some repairs and testing and you forgot to put your pod enclosure back on and raise the ride height as it's fully adjustable. Say that you understand about the bov and will change it and get the defect cleared in the appropriate way but tell him that your exhaust has been tested and certified by an engineer and has not been changed since so would he kindly remove that part of the defect since it is plainly wrong and harsh of him to make you have it tested again.

If you come across as a decent and reasonable person and he is half decent he should help you out. If he doesn't then take it to court with before and after readings and get the magistrate to embarrass him.

[MBS206]

The issue is, he has technically changed the intake (Yes, by removing the shroud) and thus, it can affect your DB noise reading.

Since the cert was done with certain things, the cop is correct in saying that it is null and void.

A coppers "defect" is something that they think is illegal/dangerous, and you have to prove to them that it is. Your eng cert is not enough proof, as it was done on X date, it is now Y date, with modifications done that can affect it.

If you didn't get fined for anything, and all that you need is a blueslip, it's going to cost you the same amount to fix it if it does or doesn't!

[NYTSKY]

Where did you get it engineered.Ive spoken to 2 guys that engineer cars and say that mine wont pass because i have a pod( fully enclosed alloy pod enclosure with thermo mat on the inside) and my intercooler wont pass even tho the hole cut doesnt go through any structual part of the car just the sheet metal.

Can you give me a name and number?

[Andyn]

what exactly is a pod shroud? is it the metal bracket that connects it to the body, or is it the cai cover?