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5 Use of motor vehicles capable of emitting noise over prescribed noise level on roads

5 Use of motor vehicles capable of emitting noise over prescribed noise level on roads

(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 that exceeds the prescribed noise level.

Maximum penalty—

(a) if the vehicle is capable of emitting noise that exceeds the prescribed noise level but does not exceed the prescribed noise level by 5dB(A)—

(i) for an individual—50 penalty units, or

(ii) for a corporation—100 penalty units, or

(b) if the vehicle is capable of emitting noise that exceeds the prescribed noise level by 5dB(A) but does not exceed the prescribed nose level by 15dB(A)—

(i) for an individual—75 penalty units, or

(ii) for a corporation—150 penalty units, or

(c) if the vehicle is capable of emitting noise that exceeds the prescribed noise level by 15dB(A) or more—

(i) for an individual—150 penalty units, or

(ii) for a corporation—300 penalty units.

(2) A person is not guilty of an offence under this section if the motor vehicle is being taken directly—

(a) to a place—

(i) where repairs or other work required to reduce the noise level of the vehicle are to be carried out, or

(ii) to be tested or inspected in accordance with a defective vehicle notice issued for the motor vehicle, or

(iii) to be tested or inspected in accordance with a notice issued for the motor vehicle under the Act, section 207, or

(b) from a place specified in paragraph (a) to a place where the vehicle is usually kept.

(3) A person is not guilty of an offence under this section in relation to the use of—

(a) a special purpose vehicle, or

(b) a heavy vehicle, or

(c) 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 the Road Transport Act 2013, section 115.