Operators and owners are responsible for ensuring that noise from their vehicles is kept within reasonable levels. Under the Protection of the Environment Operations (Noise Control) Regulation 2017, the EPA aims to prevent high noise levels from vehicles caused by
- lack of maintenance
- deliberate tampering
- inappropriate use
Under Part 5.5 of the Protection of the Environment Operations Act 1997, it is an offence to sell a vehicle that has been modified to emit excessive noise.
Offences and penalties
Offence | Penalty - individual/ corporation | Enforcing authority |
---|---|---|
Protection of the Environment Operations (Noise Control) Regulation 2017 |
||
Selling a vehicle that, for example, has noise control equipment that is inappropriately modified, defective or missing. |
$300/$600 |
EPA |
Using a vehicle on a road or road-related area that exceeds the prescribed noise limit by: |
|
|
|
$150/$300 |
EPA |
Using a vehicle that emits offensive noise (e.g. trail bike) in a place that is not a road or road-related area. |
$200/$400 |
Council/EPA/Police |
Using a vehicle on residential premises (other than for entering or leaving) that can be heard inside a neighbour's residence, between 8 pm and 8 am on a Saturday, Sunday or public holiday or between 8 pm and 7 am on any other day. |
$200/$400 after a warning by an authorised officer or enforcement officer |
Council/EPA/Police |
Using a refrigeration unit on a vehicle that can be heard inside a neighbour's residence between 8 pm and 8 am on a Saturday, Sunday or public holiday, or between 8 pm and 7 am on any other day. |
$200/$400 after a warning by an authorised officer or enforcement officer |
Council/EPA/Police |
Causing or permitting offensive noise to be emitted from a motor vehicle sound system. |
$300/$600 |
Council/EPA/Police |
Emitting offensive noise from a vehicle sound system while driving, or while using a vehicle on a road or road-related area. |
$200/NA and 2 licence demerit points |
EPA/Police |
Causing or permitting a vehicle to be used when its noise control equipment is defective, not securely in place, is missing, or has temporary noise reduction devices or packing fitted. |
$200/$400 |
EPA/Police |
Modifying or repairing a vehicle so its noise control equipment is made defective, is not securely in place, is missing, or has temporary noise reduction devices or packing fitted. |
$200/$400 |
EPA |
Attaching a horn to a motor vehicle or permitting a motor vehicle to be used if it is fitted with a horn that is capable of emitting noise at a level greater than 120 dB(A) for noise at a single non-varying loudness and pitch, or 85 dB(A) in any other case. |
$200/$400 |
EPA |
Protection of the Environment Operations Act 1997 |
||
Selling a vehicle that emits noise in excess of the level prescribed for that type of vehicle in the Regulation (section 136 of the Act): |
|
|
|
$200/$400 |
EPA |
Selling a motor vehicle horn or intruder alarm that emits noise in excess of the level prescribed in clauses 7 and 9 respectively or having the characteristics prescribed in clause 11 (section 136 of the Act) |
$300/$600 |
EPA |
Defect notices |
||
For most of the above offences, a defect notice can also be issued. If the defect is not remedied, registration can be suspended by the EPA. A vehicle whose registration has been suspended is considered an unregistered vehicle under the Road Transport (Vehicle Registration) Act 1997). |
NSW Police, the Roads and Maritime Service and local councils also regulate noise pollution from vehicles. See Regulating noise for more information.