How to decide what is excessive noise—noise emitted in other particular circumstances
580 How to decide what is excessive noise—noise emitted in other particular circumstances
This section applies if—
a complaint is made about noise; and
the complaint relates to noise that—
is emitted from a motor vehicle on a road or in a public place; and
is emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and
the police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.
This section also applies if—
a police officer hears noise; and
the noise is emitted from a motor vehicle in the circumstances mentioned in subsection (1)(b); and
the police officer is satisfied that the noise is clearly audible at or near residential or commercial premises.
In deciding, for this part, whether noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including the degree of interference or annoyance the noise is causing, or is likely to cause, to persons in the vicinity of the road or public place.
Example—The person may be causing interference or annoyance to patrons of a motel by continually driving past the motel with the volume of a radio in the car at an excessive level.
This Act’s bill:Explanatory memorandum
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