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Frequently asked questions

1. Am I wasting my time reporting smoky vehicles?
2. What happens to a smoky vehicle report?
3. Why do people who report smoky vehicles have to leave their personal details when they make a report?
4. Will personal details of people reporting smoky vehicles be passed on to the owner of the smoky vehicle?
5. Why does so much detail need to be included in reports? Isn't the rego number enough?
6. Will the owner of the smoky vehicle be fined?
7. Can I report interstate registered vehicles?
8. The problem is too big, so what difference does my reporting make to the environment?
9. Why does the vehicle have to be smoking continuously for more than 10 seconds?
10. Why do incidents have to be reported within 14 days?
11. Do faxed reports get the same action?
12. Why is the smoke colour important?

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1. Am I wasting my time reporting smoky vehicles?

No. OEH currently receives a large number of smoky vehicle reports from the public. Appropriate action is taken on confirmed reports, which includes an advisory letter to the registered owner of a vehicle reported to have emitted excessive smoke.

2. What happens to a smoky vehicle report?

That may depend on the history that the owner of that vehicle has with OEH for this particular offence. Where appropriate, OEH will issue a letter suggesting the vehicle be checked and advising of  the penalties associated with the use of vehicles emitting excessive emissions. If a vehicle is observed by an authorised officer OEH may issue a penalty notice to the registered  owner of the vehicle or, OEH can require that a mechanic test the vehicle and provide the report to OEH.

3. Why do people who report smoky vehicles have to leave their personal details when they make a report?

When OEH first established a smoky vehicle reporting service, a percentage of anonymous reports were found to be vexatious. Eliminating anonymous reports helps to eliminate vexatious reports, which makes our system more efficient.

4. Will personal details of people reporting smoky vehicles be passed on to the owner of the smoky vehicle?

No. People are protected by the Freedom of Information Act. Under that Act, when we receive 'information in confidence' we are allowed to remove any identifying details of the informant from the report before we send a copy to the person requesting it. The only details left on the report are the vehicle details, colour of smoke, time, date, street and suburb. See your privacy rights.

5. Why does so much detail need to be included in reports? Isn't the rego number enough?

No. All authorities that deal with vehicles insist on having both the description and registration number. This is a double-check that ensures that if a registration plate number is misread or mistyped, cross-checking of the description of the vehicle will reveal any mistake.

6. Will the owner of the smoky vehicle be fined?

No. Fines can only be issued when an enforcement officer witnesses the offence. Public reports can result in advisory letters to owners or vehicles being required to be inspected by registered mechanics. Fines are not issued on the sole basis of one report from the public.

7. Can I report interstate registered vehicles?

Yes. Interstate registered vehicles can be reported to OEH's environment line on 131 555.

8. The problem is too big, so what difference does my reporting make to the environment?

Every report achieves something. Over recent years, OEH has taken a large number of smoky vehicle reports. Our follow-up surveys have shown that the majority of owners who receive an OEH letter have their vehicle checked and repaired. Every vehicle owner who receives a letter becomes informed that there are good legal, economic and environmental reasons for keeping their vehicle tuned.

9. Why does the vehicle have to be smoking continuously for more than 10 seconds?

The legal requirements that relate to this offence specify 10 seconds as the relevant time frame. One reason that time is a measure rather than solely a description of the smoke is because time measurement can be applied to every situation equally, measured on a timer and sworn to in court. A subjective measurement such as "smoking a lot" or "smoking very badly" cannot be measured or demonstrated in court. Ten seconds has been chosen as the appropriate time because although some diesel vehicles will smoke for a short period of time under varying circumstances (particularly under load up a hill), it is considered that only defective vehicles smoke for more than 10 seconds continuously. Four-stroke petrol or LPG vehicles in good condition should not emit smoke at any time.

10. Why do incidents have to be reported within 14 days?

It allows OEH's Compliance Service's Unit to contact vehicle owners in a timely and efficient manner. OEH's legislation requires that fines be issued within a given time from an incident and OEH applies similar criteria to warning letters. Some informants have attempted to report vehicles that were seen many months previously. It would be inefficient to contact owners who already have repaired their vehicles.

11. Do faxed reports get the same action?

Yes. However, reports lodged via the web reduce the time taken by OEH for processing compared to faxed reports. Reporting via the Web also reduces the chance for errors as the website assists in links with other databases that identify vehicles with recorded information. We can process more reports, more quickly if they are sent via the web.

12. Why is the smoke colour important?

The colour of smoke can help indicate what is wrong with the vehicle. It can also help to confirm or contradict that the vehicle specified in the report was the one seen by the person making the report.

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