Modifying A Vehicle

In New South Wales, it is an offence to illegally modify a vehicle. The maximum penalty for this offence is a fine of $2,200, if heard in Court.

The Infringement Notice amounts for offences relating to the modification of vehicles are as follows:

• $697.00 fine for non-complying modifications to a registered light vehicle.
• $890.00 fine for using a modified vehicle on the road without a compliance certificate.
• $2,200 fine for using or permitting the use of an unlawfully modified vehicle.
• $10,000 fine for allowing illegal modifications that exceed manufacturer specifications.

What is Modifying a Vehicle?

The offence of Modifying a Vehicle is regulated under Regulation 84 of the Road Transport (Vehicle Registration) Regulation 2017 (NSW) which states:

1. A person must not use a vehicle on a road or road related area, and the registered operator or owner of the vehicle must not permit the vehicle to be used in such a way if the vehicle has had a modification to which this Division applies.

1. A person does not commit an offence under subclause (1) if a compliance certificate has been issued in respect of the modification or in respect of the whole vehicle as modified and any such certificate has not been cancelled.

Road Related Area

‘Road Related Area’ is defined under section 4 of the Road Transport Act 2013 and states:

A road related area means –

1. An area that divides a road, or
2. A footpath or nature strip adjacent to a road, or
3. An area that is open to the public and is designated for use by cyclists or animals, or
4. An area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
5. A shoulder of a road, or
6. Any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply. 

The following acts might constitute Modifying a Vehicle:

• Raising the height of your vehicle, beyond the lawful limit, for recreational purposes.
• Modifying the engine for greater speed and sound capacity. 
• You tint the windows of your car excessively (tints that exceed 35% visible light).

Defect Notice

If Police notice that your car has been modified (e.g. the car is taller/lower and louder than it should be), and the modification in question is not certified, the Police will issue you with a Defect Notice. A Defect Notice means the following:

• Your vehicle needs to be returned to its standard, lawful features.
• The modification needs to be redone and then reviewed and signed off by a licensed certifier.

You may be prohibited from driving your vehicle until the defect has been lawfully remedied.

Learner and Provisional Drivers and Modified Vehicles

Even if a vehicle’s modifications have been certified, it may still be illegal for a learner or provisional licence holder to drive it. For example, it is illegal for a learner or provisional driver to drive a vehicle with engines that exceed 130kW of power per tonne of tare mass. 

Penalties for breaking this law are a fine of $581 and 7 demerit points. Your licence will be suspended for a period of 3 months following.

What must be proven?

For a person to be found guilty of Modifying a Vehicle, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were driving a vehicle with modifications that were not certified;
• That you were driving on a road/road related area.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Modifying a Vehicle

The following defence may be available for a Modifying a Vehicle charge:

• Honest and reasonable mistake of fact (e.g. you bought a secondhand car and did not realise it had illegal modifications).
• You had the modifications certified but when pulled over, the Police said the modifications should not have been certified.

Common Questions about Modifying a Vehicle

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, depending on the circumstances. 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a driver use mobile phone conviction may be detrimental if your job involves driving, so it is very important that you contact Armstrong Legal to assist you with this. 

What modifications require certification?

Modifications such as anything that affects the vehicle’s engine capacity, the type and number of cylinders, and any modifications that alter the vehicles, structure, height, or driveline. However, it is the safest course of action to check all modifications to ensure they are lawful.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.