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Thread: What is the legality?

  1. #1
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    What is the legality?

    People talk about modifying their TD5s etc but what is the legal stance for this?

    I can follow that removing the centre muffler will only get you in the brown stuff if it is too loud, that's simple.

    But removing the catalytic converter and EGR valves?

    Which brings us to the question of, if they were made compulsory in Australia when was that?

    I've just bought a 2003 Disco TD5 and had it registered, the man in the office asked if there were any modifications done. I stood there speechless (unusual for me at the best of times) and he just said "That will be no then". It's Decatted, de muffled, de EGRd, I don't know if the computer has been tweaked etc.

    Same with the insurance company, what level of undeclared modification leaves me open to a refused insurance claim at a later date?who me?

    Lets go bush lawyers.

    Cheers

    Mike

    The previous owner took off the 18" alloys and put on 16" steel wheels, I think I'll use 18s on the town driving and chuck on the 16s with aggressive tread when going bush

  2. #2
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    I would find, read and interpret the law for the truth.

    But for discussion, I thought you could change the exhaust as long as it was within whatever the noise regulations are. eg, replacement exhausts are legal.

    I understood you can not do anything to increase emissions from standard - re EGR, decat, ECU etc.

    I understand to deny a claim the modification has to be relevant to the claim - but just try proving that when you get denied and it will cost!
    Cheers
    Slunnie


    ~ Discovery II Td5 ~ Discovery 3dr V8 ~ Series IIa 6cyl ute ~ Series II V8 ute ~

  3. #3
    DiscoMick Guest
    Just declare everything to your insurance company so they can't claim you hid anything. If you don't declare it, there is a claim and the assessor inspects your vehicle, the undeclared modifications make an easy reason to refuse your claim and save money for the insurer, which is not your friend.

    Sent from my A1601 using AULRO mobile app

  4. #4
    Roverlord off road spares is offline AT REST
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    If you just bought it then it would have to get a Roadworthy Certificate? If the Tester passed it with those mods like no muffler or decat then he broke the law


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    Quote Originally Posted by Roverlord off road spares View Post
    If you just bought it then it would have to get a Roadworthy Certificate? If the Tester passed it with those mods like no muffler or decat then he broke the law
    That is incorrect. In South Australia a roadworthy certificate or vehicle inspection is not required when transferring a registered vehicle.

  6. #6
    Homestar's Avatar
    Homestar is offline Super Moderator & CA manager Subscriber
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    Insurance assessors only look over the cars safety items - and a quick look at that. I have a friend who does this for a living for many different insurance companies. The average time taken to assess a vehicle is 3 minutes. They look at the damage, a quick glance at the tyres and sometimes the brakes on most vehicles, the bonnet is only lifted to confirm numbers if they aren't readily available elsewhere. They do not go over the vehicles with a fine tooth comb looking for any excuse to deny a claim, they just don't have time.

    The ones that he looks at more are vehicles that have obvious performance enhancements - mostly P players and boy racers styles of cars with big exhausts - he'll spend a few more minutes on those and they're the sort of vehicles likely to have claims rejected.

    Even when the vehicle has been involved in a fatal accident and is impounded for assessment, they focus on what on the vehicle may have caused the accident - not its emissions. You're far more likely to get pinged for over sized tyres and big lifts if this happens than and EGR or Cat related item, but most here seem to be happy to tool around illegally on their 33's or 35's with their 4" lifts...

    If your vehicle looks standard, and is well maintained, it will only get a cursory glance if it is damaged and needs repairs.
    If you need to contact me please email homestarrunnerau@gmail.com - thanks - Gav.

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    Quote Originally Posted by Roverlord off road spares View Post
    If you just bought it then it would have to get a Roadworthy Certificate? If the Tester passed it with those mods like no muffler or decat then he broke the law
    Yeah, I think here in Vic, you would be lucky to get those sort of things through a RWC these days. The EGR blanking may not get picked up but I'm sure they would notice a heavily modified exhaust that had no cat on it.

    Th EGR blanking on my L322 didn't get noticed during its recent RWC when I sold it...

    I would also imagine (although not sure) that the law wouldn't care who did the mods, but I would think the buck would stop with the current owner?
    If you need to contact me please email homestarrunnerau@gmail.com - thanks - Gav.

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    Quote Originally Posted by Homestar View Post
    You're far more likely to get pinged for over sized tyres and big lifts if this happens than and EGR or Cat related item, but most here seem to be happy to tool around illegally on their 33's or 35's with their 4" lifts...
    I'm surprised at how few modified vehicles seem to be engineer approved. If its all done properly, well thought out and complies then its really not all that hard. I know mine passed really easily and Stefan didn't seem to have any problems with his beasts either. Here is a guide. Out of interest, I also had 2 different sized tyres approved because I have a 2 setting speedo correction unit.

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    Cheers
    Slunnie


    ~ Discovery II Td5 ~ Discovery 3dr V8 ~ Series IIa 6cyl ute ~ Series II V8 ute ~

  9. #9
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    And let's face it.

    Nobody is going to be in a position to read the ECU to find out the power output is twice what it was.

    I was just wondering where we stood from a legal position.

    Regards to you all.

    Mike

  10. #10
    Roverlord off road spares is offline AT REST
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    Quote Originally Posted by Homestar View Post
    Yeah, I think here in Vic, you would be lucky to get those sort of things through a RWC these days. The EGR blanking may not get picked up but I'm sure they would notice a heavily modified exhaust that had no cat on it.

    Th EGR blanking on my L322 didn't get noticed during its recent RWC when I sold it...

    I would also imagine (although not sure) that the law wouldn't care who did the mods, but I would think the buck would stop with the current owner?
    I wonder how the boys in NSW that need to get a pink slip inspection every year get away with mods?


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