8Motor vehicles and motor vessels operated near residential premises for purposes of sport or recreation

8 Motor vehicles and motor vessels operated near residential premises for purposes of sport or recreation

(1)  A person must not, within 500 metres of residential premises, operate a motor vehicle, or motor vessel, for the purposes of sport or recreation, unless –

(a) the vehicle or vessel is being operated by the owner of the premises; and

(b) there is no other residential premises within 500 metres of where the vehicle or vessel is being so operated; and

(c) the noise emitted by the vehicle or vessel is not otherwise unlawful.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  For the purposes of subregulation (1) , a motor vehicle or motor vessel is not being operated for the purposes of sport or recreation if –

(a) in the case of a motor vehicle, the motor vehicle is being –

(i) operated on a public street; or

(ii) driven directly to or from a place that is further than 500 metres from residential premises; or

(iii) driven directly to or from a place for the purposes of cleaning, maintenance, refuelling or repairs; or

(b) in the case of a motor vessel, the motor vessel is being –

(i) driven directly to or from a place that is further than 500 metres from residential premises; or

(ii) driven directly to or from a place for cleaning, maintenance, refuelling, repairs or unloading or loading passengers –

and the motor vessel is not planing while being so driven.

(3)  Subregulation (1) does not apply to a motor vehicle, or motor vessel, being operated –

(a) at a racing event, or an aquatic event, that is an event authorised under an approved instrument; and

(b) in accordance with that approved instrument.