A beginner's guide to traffic noise legislation in Victoria
Here is very basic information on the legal framework for considering traffic noise. It is very clear, when the legislation is considered, that there is ample scope to crack down on the very loud vehicles on our roads - but, as explained below, there is a need to tighten the legislation to make it more effective.
In Victoria, noise pollution is controlled under the Environment Protection Act 1970. Section 48 of the Act provides for noise pollution in general and Section 48B provides for noise pollution by motor vehicles.
48. Objectionable noise an offence
(1) Any person who emits or causes or suffers to be emitted objectionable noise within the meaning of the regulations shall be guilty of an indictable offence.
....
(3) Any person who contravenes any of the provisions of this section shall be liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the defendant of notice of contravention of the provisions of this section (whichever is the earlier).
48B. Special provision concerning motor vehicles
(1) A person who is the registered owner of a motor vehicle, the owner of an unregistered motor vehicle or the driver of a motor vehicle which-
(a) is used on a highway; and
(b) is at the time of use capable of emitting noise that does not comply with any standard prescribed for the purposes of this section shall be guilty of an offence and liable to a penalty of not more than 30 penalty units.
Section 48D is interesting. It provides for quite substantial penalties for persons who manufacture, assemble, supply, distribute or sell equipment or vehicles that do not comply with the noise standards.
It seems clear that there is a positive basis for action to be taken - if the responsible authorities are willing to do so.
Measuring vehicle noise
So, how do we know what levels of vehicle noise are permissible? And how are measurements made?
Well, there are nationally consistent noise level measuring procedures that have been determined jointly by the National Transport Commission (NTC) and the National Environment Protection Council (NEPC). These two statutory agencies wanted to ensure that there were consistent Australia-wide procedures – and there are now detailed procedures common in all states for measuring vehicle noise. This noise emission standard for motor vehicles adopts the UN Economic Commission for Europe (UNECE) regulations for motor vehicle noise and spells out (in decibels) an upper noise limit for vehicle types.
Australian Design Rules (ADRs) specify the maximum permitted noise levels of new vehicles. The latest ADR 83/00 (applicable from 2005) provides that new vehicles introduced into the Australian market must not exceed certain dB(A) decibels when measured with a specified drive-by test. The test consists of measuring the noise level of the vehicle as it is driven under specified conditions on a course of certain specifications. For example, ADR 83/00 specifies that, under this drive-by test, a motor cycle with an engine cylinder capacity of more than 175 cm3 must not emit a noise of more than 80 decibels.
Once the new vehicle passes its drive-by test, it is then given a specified stationary “signature” noise level measurement test. This is a test that measures the noise from the stationary vehicle operated at specified engine speeds and using particular sound level measuring equipment at specified distances from the vehicle exhaust. This “signature” noise level is then easily measured at any later time and this is the rather straight forward and accurate method used when noisy vehicles are referred to testing stations. (Testing the vehicle under the drive-by test is very complex and time consuming.) For details of the stationary test procedures see http://www.ntc.gov.au/filemedia/Reports/NatStatExhaustNoiseTestSept2006.pdf
Because the drive-by and stationary (signature) test methods and specifications differ substantially, the maximum permitted noise levels are different and cannot be compared directly. For example, while an ADR83/00 motorcycle may pass the "drive-by" test at less than 80dB(A), its stationary signature test level may be in excess of the previous (pre ADR83/00) maximum test level of 94 dB(A).
ADR83/00 signature levels are set according to the vehicle model. These levels can be found on the Green Vehicle Guide website (www.greenvehicleguide.gov.au).
In Australia, pre ADR83/00 cars must not exceed 90 decibels and motorcycles must not exceed 94 decibels.
Enforcement procedures
Vehicles that emit high levels of noise are reported to the EPA. These reports may be made by EPA officers or Police officers. Ordinary citizens should report very noisy vehicles to their local police station who may follow up the report and, if this follow up indicates that the noise level is too high, they will refer the matter to EPA.
If EPA is satisfied that the vehicle should be tested, a notice requiring the vehicle to be tested is served on the vehicle's owner requiring the vehicle to be presented at an authorised vehicle testing station by a specified date. A testing fee (currently $38.60) is levied. The vehicle is tested and, if it complies with the regulations, a certificate of compliance is issued. The certificate of compliance must be lodged with EPA before the specified date.
If the certificate of compliance is not submitted by the due date, the owner of the vehicle is liable for a fine or prosecution in court. The registration of the vehicle may also be suspended. It is also an offence to continue to drive/ride a non-complying vehicle.
Maximum permissable levels (pre ADR83/00) for stationary exhaust tests
Passenger vehicles (including all cars, but not including buses)
- Manufactured before November 1983 96 dB(A)
- Manufactured after November 1983 90 dB(A)
- Manufactured before March 1985 100 dB(A)
- Manufactured after March 1985 94 dB(A)
Further information
Contact Environment Protection Authority
200 Victoria Street
Carlton 3053
Tel: 03 9695 2722
Website: www.epa.vic.gov.au