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New Noise Restrictions Coming?

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From another forum I'm on.

The following link is the Regulatory Impact Statement (RIS) that DECC have issued to assist with the introduction of the proposed laws.


The following is my rough outline and by no means a complete overview of the proposed laws that DECC will be presenting to the government.

Clause. 18

"Noise control equipment to be properly maintained"

A person must not cause or permit a motor vehicle to be used on a road or road related area if:

The motor vehicle's noise control equipment allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or

if an authorised officer (police etc) reasonably believes the equipment has been modified in a way that makes it less effective than it would have been if the modification had not been made, or

the motor vehicle's noise control equipment is not securely in place, or

a temporary noise reduction device is fitted to the vehicle (like a removable baffle, even if it is fitted and the vehicle is compliant to it's noise requirements) or

if the equipment allows gas to escape from a place other than the intended exhaust outlet.


A person must not:

Remove, or

render less effective, a motor vehicle's noise control equipment, otherwise than for the purpose of repairing or replacing it, or

replace a motor vehicle's noise control equipment with noise control equipment that is less effective than the original noise control equipment fitted by the vehicle manufacturer.

Fine: $200 *

* Penalty levels

The maximum penalties provided under the Noise Control Regulation for a "Court prosecution" are currently $16,500 for individuals and $33,000 for corporations.

DECC said of Clause 18; The aim of clause 18 is to provide a means of detecting noisy vehicles that avoids the cost and time associated with noise testing where it is not strictly needed. Noise testing is often not required to identify the fact that a motor vehicle's noise control equipment is defective, and a simple visual test and aural check is all that is needed. However, in cases where noise control equipment is modified and the officer is unsure whether the noise control equipment is less effective, a noise test should be carried out. Noise tests are often carried out by DECC authorised officers to support the finding of defective noise control equipment. In practice, a Police Officer's ability to carry out noise testing is limited by the cost of the equipment, lack of trained personnel, and competing priorities.

Use of informed subjective (guessing!) assessment to decide a noise offence is central to NSW noise legislation. The concept of offensive noise underpins the legislation. Powers under the POEO Act and existing Noise Control Regulation enable officers to exercise judgement in deciding whether noise is an issue.

DECC urges stakeholders to provide feedback on the new Regulation.

Comments, marked 'Noise Regulation Review', must be received at the address below by Friday 13 July 2007:

Noise Policy Section Department of Environment and Climate Change NSW PO Box

A290 Sydney South NSW 1232 Phone: (02) 9995 5996 Fax: (02) 9995 5935

or via e-mail at [email protected]

Read the full RIS it's probably going to impact you! If you have any comments on these proposed laws or the RIS then please send your comments to Chris Turner, Chairman of the NOISE committee, MCCofNSW.


Chris Turner

Mob: 0427-200-310

Email: [email protected]

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