Problem is if it isn't factory - then valved exhausts are illegal as well. At least down here - so one can expect it to be in NSW, and the video is evidence of this
It's really stupid that many models of cars these days have them FACTORY and can be controlled MANUALLY.
Yet to do the same, to pass the same laws, if you or I did it to our cars... It's suddenly illegal.
It really just needs someone with the staying power (and money) to follow it through the courts and win. Set a precedent and then everyone else launches back at them. It really doesn't make sense a Ferrari can pass ADR with a valve, yet a Skyline cannot. The core EPA laws are from 1992, so very dated.
Also farked that Police can report you to the EPA without even MEASURING your car. They just have to report you based upon suspicion you 'might' be over, rather than actual fact. People down here have been reported when their car has been PARKED and not even running (as the notice tell you the time it was noted).
Really feel sorry for your NSW boys overall... The EPA are a bunch of over powered kents.