Is Gforce Varex Exhaust A Defect? - any info would help  

gutless

As opposed to whether the system itself is illegal, Your exhaust is too loud anyway as you have said and a smart man would set the varex to say maybe 3 quarters(If as i assume Varex has a few settings,unless you have an old open and close system) so that its still got a note but isnt illegal if the copper has no idea about Varex type systems.

Wraith

Varex is completely illegal due to it's ability to alter the noise emissions of a vehicle.

kill_dozer

yeh is got a middle setting, but even thats got 96db so looks like im fked either way. cheers for that

Street Tuned

The muffler itself is not illegal at all.

There is no law that states "Varex branded mufflers are illegal"

The HSV bimodal exhaust is basically the same thing.

However your exhaust can not be over 90db on any level. So that means it can't be over 90db when the valve is open. So if your exhaust is over 90db with it open then yes your exhaust is illegally loud.

But hey with it closed if it is perfectly quiet. Id just tell the cop that is how it is. 99% of cops don't know what a Varex muffler is so just say you had some high quality mufflers installed to keep it legal. Or if in the 1 in a million chance one of them notices the butterfly valve just tell them it is fixed like that.

To be full stealth you probably shouldn't have gone with the cannon but it is still better than driving around with an exhuast that is too loud all the time.

At the end of the day only as a last resort to stop your car getting towed or sent over the pits or whatever would I ever open the valve for a cop. I simply wouldn't be opening it just because they accuse you of have a variable volume muffler.

But hey if you are super worried just get a couple more mufflers welded into your system.

Wraith

The HSV system is different. It doesn't allow you to change it at will.

Street Tuned

No but even with the valve open all the way it isn't over 90db at the specific rpm. Even with the valve open the exhaust still meets ADR noise and emission regualtions.

It is still a butterfly valve system


There is no law that states you can't have a volume controlled exhaust. More specifically there is no law that says you can't have Varex branded mufflers.
Just one that says it can't be over 90db (at whatever year of manufacturer) and that it must meet ADR emmissions with a cat converter

Or better yet SHOW ME the law that states you can't have them.

Wraith

Your missing the point. The cops don't like you being able to make your exhaust loud or quiet at the flick of a switch.

EUniqe

this.

just don't tell the cop it's adjustable, set it to quite mode when pulled over. problem?

Wraith

The cops are getting smarter now. A lot will actually look over your muffler.

blacky83

The OEM systems are pretty much controlled by throttle position. Its still basically under your control.
As said its not illlegal to have it vary, so long as you never exceed the limit. Which in the case of the Varex, would probably require a secondary muffler.

Personally an exhaust cutout does essentially the same job, but cheaper.

xxxxgold

I personally know of 2 occasions (no doubt there would be more but these are the only 2 cases that I'm aware of) where a defect on the basis of a Varex or Varex-type exhaust has upheld by a Magistrate. There is a degree of ambiguity in the wording of the relevant legislation (there are actually at least 3 distinct sections under which a prosecution could proceed) and although you could make an argument for and against each, it seems that the courts have determined that the legislative intent extends to the restriction of 'adjustable' mufflers. It's not a risk that I would be willing to take, and don't bet that your average police officer is ignorant on this topic either.

OT, I'll be online very little in the next couple of months, I have a mountain of PM's that I haven't even read much less replied to. I will eventually get to them all but if you have any pressing concerns you need to seek independent legal advice ASAP rather than waiting for a reply that may never come. My apologies.

gutless

See you in the future

xxxxgold

As always, I'll be back

lil_bobby_260

Isnt the point of a Varex or similar muffler to have it set to quiet on the street, and open it up on track days and such....? So maybe.... on the street... keep it set to the quieter setting...??
Realistically, if you are driving around with an exhaust that is too loud, adjustable or not, you should expect a defect.

Wraith

Like I said though the amount of people getting Varex systems has led police to catch on and inspect your mufflers. Nothing stopping you from showing off to your mates then going back to silent when a cop drives past.

blacky83

Are you saying that these people had exhaust systems that were variable but at all points below the dB limit, and this was still considered a defect? I won't argue the law with you, but couldn't be sure this is what you meant.
I'd be really surprised if most traffic cops weren't aware of the Varex style mufflers.

Ralli

You just can't stay away , you will miss us too much

Nikked

It's not defectable to have a varex muffler (or similer) installed on your car, but the usage of it is.

You can't drive around with it open (ie loud), nor can you have it set up so it can be changed from inside you car.

TwinCam16

Wraith, can you show me where in the ADR it states that having a controllable variable exhaust flow is not permitted and the penalty units associated to it?

_Ben

Why not run a Varex center muffer? It would be a lot harder for the cops to spot

Wraith

Trying to find it but I remember reading something along the lines of because it can be adjusted externally etc. Either way no one but the cops are right as usual and they don't like you adjusting your exhaust volume at will.

TwinCam16

Doesn't matter if they like it or not.

They are there to enforce what's in writing. That's all.

There is part that states that modifying the silencing system on the car to be less effective is a no no. This however will result in every aftermarket system being illegal (which they are, just never enforced). There is nothing that states about it being adjustable.

Wraith

Yeah I know what your saying but we all know if the police deem it a defectable item it is. Whether or not it's in writing. Case in point the today tonight episode where the guy with a varex got defected for it.

TwinCam16

So if you get "done" for it, challenge it.

You can't sit there and say completely illegal on the basis that it's adjustable, because it's not.

It's black and white.

They just can't defect you for something THEY think shouldn't be done.

xxxxgold

The ADR's are irrelevant in this case, it comes down to the laws of the individual states and territories.

As I said in a previous post there are numerous reasons why an adjustable muffler may render a vehicle defective (depending on interpretation) but in the 2 cases that I'm aware of the Magistrates were both of the opinion that adjustable exhausts contravened section 13 of the Vehicle Standards and Safety Regulation -

A person must not drive a motor vehicle on a road if the vehicle’s silencing device has been modified to reduce, or to be likely to reduce, the effectiveness of the device.

While 'like for like' replacements are tolerated, a device that by design can increase noise emissions to a point in excess of the legislated limits, regardless of whether or not the device is actually used in such a fashion, is considered to be defective if the above opinions are representative of the Magistracy as a whole (and I strongly suspect that they are). There will usually be someone who pipes up with 'but replacing the whole muffler isn't modifying it' but to pre-empt any such defences, I can assure you that a replacement of a component is most definitely considered a modification by the courts in the context of this argument (unless of course it was replaced with an identical component).

I can only pass on the benefit of my experience, I'm not necessarily saying that I agree with the interpretation so please don't shoot the messenger but I would not be at all confident of a successful outcome should you choose to contest a defect on this basis.



Not every aftermarket system is illegal, where there is some ambiguity (as is the case here) we need to consider legislative intent. It's quite clear that the courts consider the replacement of a muffler/exhaust of similar design and function to the original to be legal (provided of course the vehicle remains compliant with any other applicable standards, emissions etc.) but a replacement where the operator can readily make an adjustment which may render the vehicle non compliant is seemingly considered to be a defect (this doesn't just apply to exhaust systems either). Even if you won the battle (unlikely in my opinion), you are far from winning the war as there are a number of other areas of which this modification may fall afoul.

Until such time when a verdict is confirmed or otherwise on appeal, we are all just guessing (myself included) but my own experience tells me that at this time Varex-type mufflers are considered to be illegal.

200sx_s13

well considering that the apexi version has been around for many years and back 10yrs ago police mew it exiated they would defect you for it if you had the controller in cabin id imagine the varex would be the same. the only difference being the varex is a muffler. the apexi was a small part able to be installed anywhefe through the exhaust system. as for whether they will defecf you or npt its most likely going to come down to your driving and your attitude. if your acting like a tool and driving stupidly then most limely youll get defected for it as they will be purposly gettin u for anythin they can for actin like a d*** however u drive normally and show respect when your pulled up if u are and most likely they wont take a 2nd look.
i know ive never been done on an exhaust too loud even though previous vehicles have been up well over the 100db level. had them comment on it before however they wleft it be as i wasnt doin anything stupid. just driving and was pulled up for a rbt n licence check bein 2am drivin though from toowoomba to brissy.

Wraith

Surely by now you would realise that yes they can defect you for something they think shouldn't be done. Thanks for the informative post four x

TwinCam16