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Subdivision 1 Motor vehicles
13 Use of motor vehicles on road
(1) A person must not cause or permit a motor vehicle to be used on a road if the motor vehicle is capable of emitting noise at a level in excess of the maximum noise level specified in Schedule 1 for that kind of motor vehicle.
Maximum penalty:
(a) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle but does not exceed that maximum noise level by 5 dB(A)—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual, or
(b) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle by 5 dB(A) but does not exceed that maximum noise level by 15 dB(A)—150 penalty units in the case of a corporation, 75 penalty units in the case of an individual, or
(c) if the vehicle is capable of emitting noise at a level that exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle by 15 dB(A) or more—300 penalty units in the case of a corporation, 150 penalty units in the case of an individual.
(2) A person is not guilty of an offence under this clause arising because the motor vehicle is being taken directly to:
(a) a place where repairs or other work required to reduce the noise level of the vehicle are to be carried out, or
(b) a place where an authorised officer may inspect or test the vehicle, or
(c) a place approved by the EPA for the purposes of section 207 (2) (c) of the Act where a person approved by the EPA for the purposes of that section may inspect or test the vehicle,
or is being taken directly from any such place to the place where the vehicle is usually kept.
(3) A person is not guilty of an offence under this clause in relation to the use of a special purpose motor vehicle.
14 Use of motor vehicles in places other than roads
A person must not cause a motor vehicle to be used in a place (other than on a road) in such a manner that it emits offensive noise.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
15 Use of motor vehicles on residential premises
(1) A person must not cause or permit a motor vehicle to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):
(a) before 8 am or after 8 pm on any Saturday, Sunday or public holiday, or
(b) before 7 am or after 8 pm on any other day.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under this clause unless:
(a) the person has, within 7 days after causing or permitting a motor vehicle to be used in such a manner, been warned by any other person not to cause or permit the motor vehicle to be used in that manner, and
(b) the person causes or permits the motor vehicle to be used in that manner within 28 days after the warning has been given.
(3) A person is not guilty of an offence under this clause merely because noise is emitted from the motor vehicle while the motor vehicle is entering or leaving residential premises.
16 Use of refrigeration units fitted to motor vehicles
(1) A person must not cause or permit a refrigeration unit fitted to a motor vehicle to be used in such a manner that it emits noise that can be heard within a habitable room in any residential premises (regardless of whether any door or window to that room is open):
(a) before 8 am or after 8 pm on any Saturday, Sunday or public holiday, or
(b) before 7 am or after 8 pm on any other day.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person is not guilty of an offence under this clause unless:
(a) the person has, within 7 days after causing or permitting a refrigeration unit to be used in such a manner, been warned by any other person not to cause or permit the refrigeration unit to be used in that manner, and
(b) the person causes or permits the refrigeration unit to be used in that manner within 28 days after the warning has been given.
17 Use of motor vehicle sound systems
A person must not cause the sound system of a motor vehicle to be used in such a manner that it emits offensive noise.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
17A Drive or use motor vehicle on road and road related area if vehicle’s sound system emits offensive noise
(1) A driver of a motor vehicle with a sound system must not drive or use the motor vehicle on a road or road related area if the sound system emits offensive noise.
Maximum penalty: 50 penalty units.
(2) If an act or omission constitutes an offence under this clause and clause 17, the offender is not liable to be punished twice in respect of the offence.
(3) In subclause (1), drive, driver and use have the same meanings as in the Road Transport (General) Act 1999.
18 Noise control equipment to be properly maintained
(1) 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:
(a) is not securely in place, or
(b) is defective.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(2) A person must not:
(a) remove, or render less effective, a motor vehicle’s noise control equipment, otherwise than for the purpose of repairing or replacing it, or
(b) 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.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(3) For the purposes of subclause (1) (b), defective noise control equipment includes:
(a) equipment that allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or
(b) equipment that has, in the opinion of an authorised officer, been modified in a way that makes it less effective than it would have been if not for the modification, or
(c) equipment that allows gas to escape from a place other than the intended exhaust outlet, or
(d) if the equipment concerned comprises a system of mufflers—the system contains fewer mufflers than the original system fitted by the vehicle manufacturer.
19 (Repealed)
20 Repairs and modifications
A person must not cause or permit a motor vehicle’s engine, or its air intake or exhaust system, to be modified or repaired in such a manner that the maximum noise level of the motor vehicle after the repair or modification (regardless of the noise level of the motor vehicle before the repair or modification) exceeds the maximum noise level specified in Schedule 1 for that kind of motor vehicle.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
20A Owners and drivers of motor vehicles involved in excess noise offences
(1) If a motor vehicle or the sound system of a motor vehicle is used contrary to clause 14 or 17, the driver and owner of the motor vehicle are each taken to be guilty of an offence under that provision.
(2) Subclause (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subclause, penalty includes a penalty under a penalty notice.
(3) Subclause (1) does not apply to the owner of a motor vehicle if the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used.
(4) Subclause (1) does not apply to the owner of a motor vehicle if the owner was not in the motor vehicle at the relevant time and:
(a) gives notice in accordance with subclause (5) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or
(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.
(5) The notice must be verified by statutory declaration and:
(a) if a penalty notice has been given for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after service of the penalty notice, and
(b) if a court is dealing with the offence—the notice must be given to the informant within 28 days after service of the summons for the offence.
(6) A person who gives a statement for the purposes of subclause (4) knowing that it is false is guilty of an offence.
Maximum penalty: 10 penalty units.
(7) This clause does not apply to or in respect of an act or omission that occurred before the commencement of this clause.