Legal loophole closed, making it easier to prosecute for noisy cars

Police and transport inspectors will get bolstered powers in a bid to make it easier to prosecute the owners of noisy cars in court.

Police and transport inspectors will get bolstered powers in a bid to make it easier to prosecute the owners of noisy cars in court, under a slated crackdown on non-compliant vehicles.

It comes amid new figures that reveal the Department of Transport and Main Roads’ customer service branch has fielded more than 6400 complaints in the past three years about smoky and noisy vehicles.

Currently, authorities must have an “expert witness” to testify that noise-testing equipment is accurate when prosecuting a noise offence.

But under planned law changes expected in September, enforcement officers – such as police – will be able to demonstrate the accuracy of the noise-measuring devices and provide a calibration certificate to court.

The move is being made in a bid to streamline the court process.

“We recognise the effect vehicle noise and disturbances has on the community by irresponsible road users with non-compliant vehicles,” a Department of Transport and Main Roads spokeswoman said.

Owners of noisy cars will find it harder to avoid police action under the new laws.

“Allowing certificate evidence will reduce the red tape and burden on the court system.

“The defendant has the ability to challenge the calibration certificate where an expert witness may still be required to appear to give the evidence in person under the Transport Operations (Road Use Management) Act.”

During 2019 and 2020, TMR’s customer service branch received 4,814 reports about smoky vehicles as well as 176 complaints about noise.

Already this year, there have been 53 noise complaints and 1415 smoke reports.

In its submission to a parliamentary inquiry looking into vehicle safety, standards and technology, the department said it was making steps to improve how vehicle noise was regulated in Queensland.

“First, to assist with enforcement options against irresponsible road users, TMR is currently updating noise testing guidance material for enforcement officers, to streamline and clarify the correct way to undertake a stationary noise test,” it said.

The department also said it was improving the way it communicates with the public and the aftermarket vehicle modification industry about the requirements around vehicle noise and how vehicle owners can stay compliant.

Originally published as Legal loophole closed, making it easier to prosecute for noisy cars