12 Use of motor vehicles on road or road related area
(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 is capable of emitting noise at a level in excess of the level prescribed by clause 4 (b) or (c) for that type of motor vehicle (the prescribed noise level).Maximum penalty:
(a) if the vehicle is capable of emitting noise at a level that exceeds the prescribed noise level for that type of motor vehicle but does not exceed that prescribed 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 prescribed noise level for that type of motor vehicle by 5 dB(A) but does not exceed that prescribed 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 prescribed noise level for that type 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 place:(a) where repairs or other work required to reduce the noise level of the vehicle are to be carried out, or(b) to be tested or inspected in accordance with a notice issued in respect of the motor vehicle under clause 26 or under section 207 of the Act,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) a special purpose motor vehicle, or(b) a motor vehicle being used on a road or road related area that is closed to traffic as part of a race, speed record attempt or speed trial approved by the Commissioner of Police under section 40 of the Road Transport (Safety and Traffic Management) Act 1999.
13 Use of motor vehicles in places other than on road or road related area
A person must not cause a motor vehicle to be used in a place (other than on a road or road related area) 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.
14 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 an authorised officer or enforcement officer 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.
15 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 an authorised officer or enforcement officer 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.
16 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.
17 Drive or use motor vehicle on road or road related area if vehicle’s sound system emits offensive noise
(1) A person must not drive or use a motor vehicle on a road or road related area if the sound system of the motor vehicle emits offensive noise.Maximum penalty: 50 penalty units.
(2) If an act or omission constitutes an offence under this clause and clause 16, the offender is not liable to be punished twice in respect of the offence.(3) In this clause, drive and use have the same meanings as in the Road Transport (General) Act 2005.
18 Drive or use motor vehicle on road or road related area if noise control equipment defective or modified
(1) A person must not cause or permit a motor vehicle to be driven or used on a road or road related area if:(a) the motor vehicle has defective noise control equipment, or(b) the motor vehicle’s noise control equipment is not securely in place or has been removed and not replaced, or(c) the motor vehicle has temporary noise reduction packing, or(d) the motor vehicle has a temporary noise reduction device fitted.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 subclause (1) (c) or (d) if the conduct alleged to give rise to the offence occurs within 6 months after the commencement of this Regulation.(3) A person is not guilty of an offence under subclause (1) (d) if the temporary noise reduction device:(a) was fitted by the vehicle manufacturer, or is an equivalent replacement for any such device fitted by the vehicle manufacturer, or(b) is a plate, baffle or other device that is part of a muffler, resonator or the like and is fitted to a motor cycle.
(1) A person must not cause or permit a motor vehicle to be modified or repaired so that:(a) the motor vehicle has defective noise control equipment, or(b) the motor vehicle’s noise control equipment is not securely in place or has been removed and not replaced, or(c) the motor vehicle has temporary noise reduction packing, or(d) the motor vehicle has a temporary noise reduction device fitted.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 subclause (1) (c) or (d) if the conduct alleged to give rise to the offence occurs within 6 months after the commencement of this Regulation.(3) A person is not guilty of an offence under subclause (1) (d) if the temporary noise reduction device:(a) was fitted by the vehicle manufacturer, or is an equivalent replacement for any such device fitted by the vehicle manufacturer, or(b) is a plate, baffle or other device that is part of a muffler, resonator or the like and is fitted to a motor cycle.
20 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 13 or 16, 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 (including a penalty under a penalty notice) 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.(3) Subclause (1) does not apply to the owner of a motor vehicle if:(a) 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, or(b) the owner was not in the motor vehicle at the relevant time and:(i) gives notice in accordance with subclause (4) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or(ii) 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.(4) 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.Note. Sections 307B and 307C of the Crimes Act 1900 provide a maximum penalty of imprisonment for 2 years, or a fine of $22,000, or both for giving false or misleading information, or providing false or misleading documents, in compliance, or purported compliance, with a law of the State.