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EPA anyone?

[WLDCRD]

By [WLDCRD],
in Victoria

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[WLDCRD] Mentor

[WLDCRD]

Posted
  • Author
Posted

damn bloody EPA bastards! i copped the $500 fine even afte only driving it for one week. They reviewed my situation and because i have had an EPA on another car beforehand, i should have known it exceeded the sound limit. So I have to take this to court....lawyer and court costs are gonna be more than $500! what a jib!! So when buying a car, the EPA expect you to get the db level tested! fkn assholes!

SKY031 Grand Master

SKY031

Posted
Posted
So when buying a car, the EPA expect you to get the db level tested! fkn assholes!

I wish you people would all stop playing the victim.

If you want to break the law, don't bitch about it when you get caught out!

It's up to you to make sure that your car is legal, and if you choose to have mods that make it NOT legal, then there's no point crying about it.

:thankyou:

SKY031 Grand Master

SKY031

Posted
Posted
']the point is...i just bought the car. had it been me who got things modified, then thats a different story. a $500 fine is a bit excessive.

You were driving it weren't you?

On the road?

With other cars?

It's not like you were unaware of the fact that it was modified.

slow_r31 Collaborator

slow_r31

Posted
Posted

NO, but the place that issued the RWC when he bought the car should of ensured the car was legal, is this not the purpose of a RWC, one of the check items is modifications. If he was given a RWC when purchasing the car then surely the mechanic that issued the RWC is somewhat at fault. (assuming the exhuast was the same volume then)

ratedGTR Community Regular

ratedGTR

Posted
Posted

[quote=SKY031

Who cares if he was driving it on not, the bastrads should leave us alone. go do somthing better, rats.

its not like my loud exhaust is gonna kill someone. and the fumes, far out a truck lets out fumes in one hour, what my car would do in like a 10days.

i still havent received the EPA letter.

how long does it usually take?

and the 28days you get, is that from the incident date 28days, or since the day the letter was received/written?

anyone knows better about this topic?

SKY031 Grand Master

SKY031

Posted
Posted
NO, but the place that issued the RWC when he bought the car should of ensured the car was legal, is this not the purpose of a RWC, one of the check items is modifications.

No, this is not the purpose of a roadworthy.

I've never seen a roadworthy certificate that has a section for how loud the exhaust is.... especially considering that testing is only done at a handful of places.

EPA and VicRoads are two totally different bodies.

At the end of the day, owner onus applies.

No point trying to blame someone else.

ratedGTR Community Regular

ratedGTR

Posted
Posted
No, this is not the purpose of a roadworthy.

I've never seen a roadworthy certificate that has a section for how loud the exhaust is.... especially considering that testing is only done at a handful of places.

EPA and VicRoads are two totally different bodies.

At the end of the day, owner onus applies.

No point trying to blame someone else.

Of course a RWC isnt gonna have a 'how load ur exhaust is' section.

The multiple choice sheet doesnt include all faults, thaz why on the right hand side you have space to specify additional faults found, which is the testers responsibility.

As a mechanic you have to specify what the faults are.

and a exhaust that is to load is also considered faulty.

i agree that not many places do have the facilities to check your exhausts DB's, but in a scenario where the exhaust is aftermarket fitted, the tester should send you off to a Licensed Exhaust Tester, to get a certificate that is it Roadworthy.

In many cases the RWC testers forget to check the exhaust, or just let it go, which is wrong under law.

so yeh.

SKY031 Grand Master

SKY031

Posted
Posted
In many cases the RWC testers forget to check the exhaust, or just let it go, which is wrong under law.

....and in many cases they're asked to overlook things too.

Pretty much any aftermarket exhaust is going to be too loud.

But it IS NOT a roadworthy issue.

It is an EPA issue.

Gee... I know, just for something different, why don't we go over the same thing again and again. :argue:

ratedGTR Community Regular

ratedGTR

Posted
Posted
....and in many cases they're asked to overlook things too.

Pretty much any aftermarket exhaust is going to be too loud.

But it IS NOT a roadworthy issue.

It is an EPA issue.

Gee... I know, just for something different, why don't we go over the same thing again and again.   :argue:

this is like a arguement "who came first CHIKEN or EGG"

if the exhaust has got a leak, and leaks out fumes, that should be then still part of EPA and not RWC, but the RWC tester still writes it down as a fault, that need to be fixed.

there u go, EPA is part of RWC mate.

[WLDCRD] Mentor

[WLDCRD]

Posted
  • Author
Posted

actually SKY031, for your information, EPA told me to take it up with the mechanic that issued the previous seller the RWC. .

BUSINESS NAME REMOVED

http://www.skylinesaustralia.com/forums/sh...ead.php?t=52079

slow_r31 Collaborator

slow_r31

Posted
Posted

sky031, sorry but it is a roadworthy issue

The rules for roadworthy as I am sure you are aware are covered by the ADR's and VSI sheets.

VSI sheet 8 section 12 paragraph 4

"There must be no escape path for exhaust gases other than the exhaust outlet, AND the vehicle must continue to comply with the noise emission standards applicable to it. "

(direct quote taken from VICROADS website, http://www.vicroads.vic.gov.au/vrne/vrnav....A256B5F007AE7F3)

If the vehicle failed to comply with noise emmission standards it is in violation of this paragraph, which makes it non compliant to the VSI sheet specifications, thus unroadworthy.

Regardless of the excuses, the mechanic should of never issued that roadworthy without proof that the exhuast system complied with noise emmisions.

The onus was on either the mechanic or the person that provided the car to the mechanic to have proof, by not having this proof and still issuing the RWC could be considered at the very least negligent, expanding to fraud if your keen.

In terms of civil liabilites you could consider attempting to reclaim any fines issues in regards to the exhuast that he declared roadworthy, however this would be difficult as the burden of proof would be on you to prove that the exhuast system was fitted to the car at the time the RWC was issued. In the end it probably isnt worth it. However you could inform Vicroads of the matter, they are extremely strict on dodgy RWC's being issued.

SKY031 Grand Master

SKY031

Posted
Posted

I've had to removed the business name for legal reasons.

Slow_r31 I can see what it says on the VicRoads website, but how can it be a roadworthy issue when so few (if any at all) roadworthy testers are able to test for noise?

The places that I know of that do these tests don't issue roadworthy certificates, and vice versa.

Does the workshop who issued the certificate have the right testing equipment?

If they are unable to test for noise levels, then how can they issue certificates on a daily basis, saying that every car that comes through their shop is "roadworthy"?

.....and then there's always the possibility that the exhaust was put on after the issuing of the certificate.

It's the first modification everyone does when they get their new car :)

ratedGTR Community Regular

ratedGTR

Posted
Posted
]

I told ya it is a RWC issue. (Chicken b4 Egg) :rolleyes:

As stated on the VICroads website, it is a RWC issue, and the exhaust is not to leak any gases and MUST comply with the noise level standards.

ahh Yeh, most Exhaust Centres that i know off, issue RWC as well.

And if the place does not have the neccessary equipment to test the exhaust for noise, under law they MUST send you off to a Exhaust Centre, and get you to provide him with a Certificate stating the Exhaust is under 90db.

THis is should be done only if the exhaust is aftermarket, because the Factory exhausts are all under 90db anyways. Thats why RWC testers do issue plenty of Roadworthys on a daily basis because most of their cars have a Standard Exhaust, or the RWC Tester overlooks that item, which makes them at fault, and sets them at risk to loose their LWT Licence.

__________________________

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