Fyi: Reply From Epa

[ScaryTed77]

Hi all,

Not sure if any of this is old news or already well known, but the following is a reply I received to an email I sent the EPA a few weeks back. I've just recently got my R33, and for the sake of being well informed I wanted to find out as much as I could about the legality of some of the more commonly performed mods.

I'm interested to hear people's response to this. Some of it comes as no surprise (like the bit on exhaust noise), but there was a couple of points which I wasn't aware of (like needing to have the same number of mufflers as the original exhaust?!).

Anyhow, here's the email:

The following info is from the DECC’s modified vehicle guidelines.

Replacement air cleaners are permitted provided that they have all connections and systems present on the original air cleaner. It is important to ensure that the induction noise level of the vehicle does not increase after fitting the replacement air cleaner or the air cleaner does not interfere with the functioning of the emission control systems. Ask the supplier for proof of test results that indicate that the air cleaner does not increase the drive-by noise level so that it exceeds the ADR levels (ADR 28, 28A, 28/01 or 39, 39/01) or the stationary noise level from the engine; or increase emission levels so that they exceed ADR levels (ADR 37 or 37.01).

As a rule, pod-type air cleaners do not comply due to the increased induction noise and/or emissions.

Either wet or dry elements are acceptable if they are fitted in the original air filter housing.

Modifications to exhaust systems are permitted. Exhaust systems must be in sound condition and not have holes or defects that would allow the escape of exhaust gas before the normal end of the tailpipe. This does not include drainage holes provided for the escape of condensed water vapour.

On vehicle fitted with one or more catalytic converters, all the exhaust gases must flow through the converters at all times when a vehicle is used on the road. "Test pipes" are illegal.

The vehicle must not exceed the exhaust noise limits relating to its date of manufacture.

It is an offence to use, own or modify a vehicle so that it exceeds the maximum allowable noise level when the vehicle is driven on the road.

Temporary defeat or removable devices (not fitted by the vehicle’s manufacturer at the time of the vehicle’s manufacture), including throttle restrictors, cut outs, exhaust restrictor plates, removable baffle restrictors or baffle plates (also called silencers) or by-passes, are not permitted. Any baffle plates fitted to the outlet of a muffler must be securely welded in place and not fixed by screws or rivets which would allow easy removal. Spot welds to secure removable baffle plates are not acceptable.

If throttle or exhaust restrictors are fitted by the vehicle’s manufacturer, they must not be removed.

The same number of mufflers fitted by the vehicle’s manufacturer must be fitted to the vehicle if the exhaust is modified.

For more details, go to the DEC’s website at www.environment.nsw.gov.au .

Andrew Graham

Senior Compliance Officer

Edited August 28, 2007 by bnew

[siksII]

Thanks for that, its good to see credible information being posted.

I understand the regulations you have posted, however if you have say an aftermarket exhaust, is it required to have it engineered to be legal or would it be legal to have one fitted with no proof that it does not exceed the OEM noise level? Did the epa mention this in your communication with them?

[DRD-00F]

So does this technically mean that Pod filters are illegal, whether or not they it is enclosed?

I think a point should be made that the Policemans laws are different to the RTAs laws, and techincally, it is the laws of the RTA that you need to adhere by when it comes to modifications...

[ScaryTed77]

I don't know guys. The email I posted is the communication in its entirety, other than a few cases of people saying "I don't know" and forwarding on to someone else in the EPA. It finally found its way to this Andrew Graham guy, and that's what I've posted. Nothing was mentioned about engineering certificates or anything like that.

Yeah, strange about pod filters. He mentions wet and dry types in the email because I specifically asked about the legality of these- I had been told that the wet ones were usually illegal, whereas the dry ones were usually okay.

If anyone else can shed some light on this (as in, from a credible non backyard bush lawyer source) I'm sure myself and many others would appreciate it.

[sh@un]

Any modification that changes the emissions away from OEM specs is illegal without being tested and certified for the particular car- So an aftermarket factory location panel filter from K&N would technically be defectable.

[silver gts-t]

they basically say u can do what ever u want as long as it doesnt increase noise or vary emmision etc etc etc

which is impossible, so basically its all illegal

Edited August 29, 2007 by silver gts-t

[Duncan]

or unless you can prove it is legal by an engineer confirming it meets the ADRs just like a manufacturer has to

[Abo Bob]

And yet you can leave the cat that came with the car from the factory on for 25 years and not be required to change it despite the fact that it loses all effectiveness after around 60,000 kms. Typical joke legislation.