6. Suggested supplementary evidentiary p6. Suggested supplementary evidentiary provisions

6. Suggested supplementary evidentiary provisions

[Drafting note: In most, if not all, jurisdictions, these provisions will need to be enacted as primary legislation.]

“x. Evidence of engine brake noise

A document that has been produced by either an approved engine brake noise measuring and recording device or an approved camera recording device and that shows one or more images of a vehicle together with details purporting to be a modulated RMS and the date, time and place at which the modulated RMS was measured and recorded – (a) is admissible in any proceedings; and (b) is evidence that the engine brake noise emitted from the engine brake device fitted to that vehicle had that modulated RMS at that date, time and place.

y. Evidence of engine brake noise

A statement in a certificate purporting to have been issued by [relevant jurisdictional authorities/ officers] that, at a specified time or during a specified period – (a) a specified device is, or was, an approved engine brake noise measuring and recording device or an approved camera recording device; (b) a specified approved engine brake noise measuring and recording device or approved camera recording device was tested or sealed in a specified way; (c) a specified approved engine brake noise measuring and recording device or an approved camera recording device was operated in a specified way; (d) a specified modulated RMS relates to a specified vehicle – is admissible in any proceedings and is evidence of the matters stated.”.

[Drafting note: These provisions will need to be supported by definitions of “approved engine brake noise measuring and recording device”, “modulated RMS” and the following:

“approved camera recording device means a device approved by [relevant jurisdictional authority] as suitable for the enforcement of engine brake noise limits that is designed to be attached to an approved engine brake noise measuring and recording device for the purpose of producing, in respect of any vehicle that has any noise that it emits measured and recorded by that device, a document containing one or more images of the vehicle together with details of –

(a) the modulated RMS of that noise as recorded by that device; and
(b) the date, time and place the measurement was taken and recorded;

engine brake device includes any exhaust outlets of the device, and anything attached to such outlets, including mufflers.”.