Closed consultation

Land Transport Rule

Vehicle Equipment Amendment [2007]

Rule 32017/2

Please note: Consultation closed on 19 April 2007

Overview

Land Transport Rules are law produced by Land Transport New Zealand for the Minister of Transport.

This overview accompanies, and sets in context, the yellow (public consultation) draft of Land Transport Rule: Vehicle Equipment Amendment [2007] (Rule 32017/2). This draft legislation will extend the current provisions for objective noise testing of vehicles in the New Zealand fleet to the vehicle certification regime, including warrant of fitness (WoF) and certificate of fitness (CoF) tests.

If you wish to comment on this draft Rule, please see the page headed ‘Making a submission’. The deadline for submissions is 19 April 2007.

Contents of the overview

• What are Land Transport Rules?
• What is the purpose of the proposed amendment Rule?
• What changes does the amendment Rule propose?
• Matters to be taken into account
• How the proposed amendment Rule fits with other legislation
• Publication and information

What are Land Transport Rules?

Land Transport New Zealand (Land Transport NZ) is responsible for managing land transport funding and for promoting safe and sustainable land transport. One of its tasks is to produce Land Transport Rules under an agreement for Rule development services made with the Secretary for Transport, for signature by the Minister for Transport Safety under the Land Transport Act 1998 (the Act).

Rules are made in respect of a wide range of matters covered by the New Zealand Transport Strategy. These include safeguarding and improving land transport safety and security, improving access and mobility, assisting economic development, protecting and promoting public health and helping to ensure environmental sustainability.

Land Transport Rules aim to:

• clarify
• consolidate and
• create

land transport law.

Rules are developed by means of extensive consultation, and each Rule is drafted so as to be understood by a wide audience and to help ensure compliance with its requirements.

Consultation process

The Government is committed to ensuring that legislation is sound and robust and that the consultation process takes account of the views of, and the impact on, people affected by changes proposed in Rules.

This publication, for your comment, has two parts:

• the overview, which sets proposed changes in context; and
• the yellow draft of Land Transport Rule: Vehicle Equipment Amendment [2007] (the proposed amendment Rule) for public comment.

Please read the overview carefully and consider the effects that the proposed amendment would have on you, your business, or the members of your organisation. In particular, consider any benefits and costs that would result from their implementation.

The proposed amendment to Land Transport Rule: Vehicle Equipment 2004 (the Vehicle Equipment Rule) is part of a package of measures that is being introduced to control vehicle exhaust noise. It would amend the current requirements for vehicle exhaust systems, which require that noise from an exhaust system must not be noticeably and significantly louder than it would have been when the motor vehicle was manufactured with its original exhaust system.

Under the provisions of the Traffic Regulations 1976 (the Traffic Regulations), a vehicle inspector can refer a vehicle at entry inspection and certification for an objective noise test. Also, under the Traffic Regulations, the New Zealand Police (the Police) may refer a vehicle for an objective noise test, if it has been modified in a way that could increase the noise output of the vehicle to exceed the maximum decibel level allowed.

It is proposed to extend objective noise testing to vehicles at in-service inspection (warrant of fitness (WoF) and certificate of fitness (CoF) tests). The proposed amendment Rule would allow inspectors to refer light vehicles¹ for an objective noise test, if that vehicle had failed the subjective (opinion-based) noise test. The subjective noise test is currently part of the WoF/CoF testing regime. The amendment proposes changes to the wording of the subjective noise test (see Improve the subjective noise test wording for light vehicles).

You will notice that the proposed amendment Rule sets out only the changes that are proposed. If you do not have a copy of the Vehicle Equipment Rule, please read the information in Publication and Informationabout obtaining Land Transport Rules. The proposed amendment Rule has been linked with the Vehicle Equipment Rule on the Land Transport NZ website, so that the amendments can be seen in the context of that Rule.

The issues that are raised in submissions on the yellow draft will be analysed and taken into account in redrafting the proposed amendment Rule.

Following completion of the public consultation phase, the draft Rule will be submitted to the Ministry of Transport for government scrutiny. The final draft of the Rule will then go to Cabinet for noting and, finally, will be submitted for signature by the Minister.

¹ Generally, vehicles with a gross vehicle mass (GVM) of 3500 kg or less – eg, motorcycles, cars, light trucks and light omnibuses.

Proposed timetable for implementation of the Rule

Subject to government approval, it is proposed that the amendment Rule will be signed in February 2008 and come into force by May 2008.

Making a submission

The deadline for submissions is Thursday, 19 April 2007.

What is the purpose of the proposed Rule?

The reason for amending the Vehicle Equipment Rule is to introduce the objective noise test at in-service vehicle inspection to support the subjective noise test and provide a workable scientific method to measure vehicle exhaust noise. The aim of the proposed amendment Rule is to reduce excessive vehicle noise. 

Excessively noisy vehicles are a public nuisance and can have a negative impact on health, for example, by disturbing people’s sleep. Sleep deprivation and associated stress can cause loss of productivity, which has negative economic and social impacts.

There are two aspects to excessive vehicle noise – the manner in which a vehicle is operated (eg, ‘burn-outs’, drag racing, using loud stereos), and levels of exhaust noise (eg, vehicles fitted with excessively noisy, modified exhaust systems). Although the Police have powers to deal with the noisy operation of vehicles, there is public concern about excessively noisy exhaust equipment being fitted to vehicles and a need for additional controls to be put in place.

The objective of the proposed amendment Rule is to target the noisiest vehicles in the fleet – the ‘gross emitters’ – and to ensure that these vehicles are made to comply with the law. These vehicles tend to be purposefully fitted with excessively noisy modified exhausts that emit noise that is well above the existing decibel limits, as set out in the Traffic Regulations. Although they make up a small percentage of the overall vehicle fleet, these vehicles cause a great deal of public annoyance.

In July 2006, interim measures were implemented to allow the objective noise test to be introduced through the existing legal requirements of the Traffic Regulations, by means of a Gazette notice. The objective noise test is based on the international ISO 5130 Measurement of noise emitted by stationary road vehicles test methodology (the ‘stationary tailpipe’ noise test). The test measures exhaust noise using a microphone placed 0.5 metres away from the tailpipe of the vehicle. Noise levels for the interim objective noise test are required to be consistent with the current levels in the Traffic Regulations. These levels correlate to a maximum of 95dBA for light vehicles and a maximum of 100dBA for motorcycles, when tested using the ‘stationary tailpipe’ noise test.

The proposed amendment Rule provides an opportunity to review the current decibel limits. These limits have been in place for more than twenty years. It is important to ensure that they are appropriate for the current New Zealand vehicle fleet, given the advances in vehicle technology over the last two decades. The amendment Rule proposes changes to the current decibel limits (see Update the decibel limits).

The problem of excessive vehicle noise

There are five interrelated aspects to the problem of excessive vehicle exhaust noise.

Lack of compliance with the current law

Based on research undertaken by Land Transport NZ, there are estimated to be a maximum of 50,000 vehicles (approximately two percent of cars or 1.3 percent of the total vehicle fleet) fitted with ‘noticeably’ modified exhausts (ie, excluding generic replacement exhausts similar to the original manufacturer’s exhaust system). However, it is difficult to quantify the number of vehicles that are emitting excessive levels of noise and are not complying with the current decibel limits because no agency is responsible for collecting information on compliance levels in New Zealand.

The Ministry of Transport and Land Transport NZ have undertaken vehicle noise testing of more than 250 vehicles, and have sourced information on noise testing from overseas jurisdictions. This research has shown that the vast majority of standard vehicles fitted with standard manufacturers’ exhaust systems, or exhausts similar to the original exhaust, would emit noise levels that are well under the current 95dBA limit. Given that the majority of vehicles in the New Zealand fleet are standard, the majority of vehicles in New Zealand would comply with the current law.

The exception is a small number of ‘specialised’ high performance vehicles, fitted with their original, standard exhaust systems, which may exceed the current 95dBA limit (eg, some Ferrari vehicles). These vehicles will still comply with the entry standards for New Zealand and are, therefore, considered as meeting legal requirements, provided that they are not fitted with modified exhaust systems, that increase sound output.

In general, there are three categories of vehicle that may have modified exhausts.

• Vehicles that have purposefully modified exhausts to significantly increase exhaust noise output, well in excess of the current law.
• Some vehicles driven by car enthusiasts that are likely to have after-market or modified exhausts fitted because of the nature of the vehicle (eg, hot rods, scratch-built vehicles, older/vintage cars), or to enhance performance output and sound effect (eg, sports kits for Holden Commodores).
• Some vehicles imported from Japan, already fitted with modified exhausts, may not comply with New Zealand law because the Japanese stationary noise standard² is 96dBA.
  

Enforcement practices

Detecting exhaust tampering between WoF/CoF checks is the responsibility of the Police. The Police currently have a number of tools available to them, with which to enforce noisy vehicles. These tools are:

• the power to issue an instant $150 infringement offence notice for defective exhaust equipment³;
• the power to ‘green sticker’ a vehicle that breaches the noise requirements of the Vehicle Equipment Rule, thereby directing that the vehicle is not to be driven on a road until it has passed a WoF/CoF test at an independent testing station⁴;
• the power to refer a vehicle for an objective noise test to ensure the vehicle does not exceed the maximum exhaust noise decibel limits⁵. 
  

The manner in which a vehicle is driven also contributes significantly to the problem of excessive vehicle noise. The Police can issue an instant $250 infringement offence notice and ten demerit points if a person operates a vehicle that creates a noise which, having regard to all the circumstances, is excessive⁶. 

Exhaust tampering

A vehicle owner could fit an exhaust that met the requirements of the Vehicle Equipment Rule in order to pass the WoF or CoF test and then refit an excessively noisy exhaust when the WoF or CoF has been issued. In these circumstances, Police roadside enforcement is very important. As noted above, there are a number of enforcement tools available to the Police to deal with this aspect of non-compliance.

Subjective nature of the noise test

The current subjective noise test (subclause 2.7(3) of the Vehicle Equipment Rule) states that noise from an exhaust must not be noticeably or significantly louder than it would have been when the vehicle was manufactured with its original exhaust system.

Given the subjective nature of the test, WoF/CoF testers may be reluctant to apply it because some customers will criticise and challenge their judgement. Vehicle inspectors have indicated that they would like more support and explicit guidance on how to effectively apply the subjective noise test at vehicle inspection.

The wording has been revised to improve the implementation and application of the subjective noise test at WoF/CoF and to align it with the proposed objective noise testing provisions (see Improve the subjective noise test wording for light vehicles).

Modification of exhausts

New Zealand has in place a legislative regime that allows for vehicle modifications within reasonable tolerance and ensures that appropriate standards are maintained. However, some people have modified their exhausts outside the legal requirements, to create excessively noisy vehicles. Exhaust fitters (the vehicle owner or the company providing the service) are legally obliged to ensure the vehicle still complies with the requirements in the Vehicle Equipment Rule. However, given the large range of exhaust suppliers, including private sales, this is a difficult area of law to monitor and enforce.      

² Similar to New Zealand, Japan has an objective noise test for measuring vehicle exhaust noise based on the international ISO 5130 ‘stationary tailpipe’ test procedure. When applying this test in Japan, exhaust noise levels must not exceed 96dBA. 
³ Under subclause 2.7(3) of the Vehicle Equipment Rule.
⁴ Section 115 of the Land Transport Act 1998
⁵ Regulation 29(4) of the Traffic Regulations 1976.
⁶ Clause 7.4 of Land Transport (Road User) Rule 2004.

Issues to be addressed in solving the problem

As discussed in the previous section, a number of interrelated aspects contribute to the problem of excessive vehicle noise.  Transport officials consider that an effective approach to dealing with the various aspects of the problem is likely to be one that:

• sets appropriate decibel limits for the New Zealand fleet, to reduce vehicle noise;
• targets the gross emitters and provides for vehicles to be referred for an objective noise test, if required, and imposes compliance costs on those motorists who are causing the problem, not on law-abiding motorists;
• improves the implementation and application of the subjective noise test at WoF/CoF testing and reviews the wording of the subjective noise test; 
• increases public education and awareness about the law, the problem and the consequences of non-compliance;
• raises the awareness of exhaust suppliers and fitters about the consequences of non-compliance. 
  

Issues addressed by the amendment Rule

The draft amendment Rule proposes the introduction of objective noise testing for light vehicles as part of vehicle certification. The amendment also proposes revised decibel limits for light vehicles to reduce vehicle noise, target the gross emitters, and minimise compliance costs for the majority of vehicle owners whose vehicles are not causing the problem.

Decibel limits for light vehicles

The current decibel limits for exhaust noise have been reviewed to ensure that they are appropriate for the current New Zealand vehicle fleet, given the advances in vehicle technology over the last 20 years (see Update the decibel limits).   

Heavy and ‘special purpose’ vehicles

In general, the current requirements in the Vehicle Equipment Rule relating to exhaust systems (clause 2.7) apply to all motor vehicles. It is proposed that the wording of the current subclause 2.7(3) be retained and this provision be applied to vehicles for which objective noise testing is not appropriate. These vehicles are mainly ‘heavy vehicles’ (with a GVM of more than 3500 kg), but may also include some ‘special purpose’ motor vehicles⁷.

Subclause 2.7(3) specifies that:

“noise from an exhaust system must not be noticeably and significantly louder than it would have been when the motor vehicle was manufactured with its original exhaust system”.

Light omnibus vehicles

Light omnibus vehicles are not covered by the current objective noise testing regime. The amendment Rule proposes that light omnibus vehicles (Class MD1 and Class MD2) with a GVM of 3500 kg or less be treated the same as other light vehicles (ie, that they be subject to an objective noise test if required). To date, these vehicles have not been noise tested because they are not regarded as contributing to the problem of excessive vehicle noise.

It is expected that noise testing will be undertaken on a sample of light omnibuses during the public consultation period to ensure the objective noise test is appropriate. Your comments on this aspect of the proposed amendment would be welcomed. 

Vehicle inspector discretion

The amendment Rule proposes that vehicle inspectors be given the discretion to pass vehicles that have been modified beyond the criterion “less than or similar to” the original exhaust equipment, but that would clearly pass the objective noise test if tested (ie, their noise emissions are no louder than some unmodified production vehicles in their class).

Without this provision, someone who modified their vehicle (eg, a Toyota Corolla) and increased the noise output from 76dBA (noise level with the original exhaust equipment fitted) to 86dBA (quieter than some unmodified vehicles and well within the maximum decibel level allowed), would either have to reduce the noise output to “less than or similar to” the original exhaust or undergo an objective noise test. Without this provision, unwarranted compliance costs could be imposed on vehicle owners who have modified their exhausts for increased noise output well within the maximum decibel limits, and whose vehicles are not ‘gross emitters’.

There may be some operational difficulties for WoF/CoF inspectors in determining whether a vehicle would “clearly pass” the objective noise test. These include how an inspector can be trained to recognise the noise level at which a vehicle should be tested and comparing this with the vehicle being tested, and deciding at what engine speed the vehicle should be assessed. A risk is that such a provision could be interpreted generously by some vehicle inspectors. This risk would be minimised through training and guidance material. Feedback is encouraged on this aspect of the proposed amendment.

Mid- and rear-engined vehicles

The objective noise test methodology allows an additional 4dBA for mid- and rear-engined vehicles. This allows for engine noise being included in the exhaust noise measurement due to the proximity of the engine. The 4dBA allowance is consistent with the international ISO 5130 Measurement of noise emitted by stationary road vehicles test methodology that the New Zealand objective noise test is based on, and with overseas practices.

⁷ Special purpose motor vehicles include: traction engines, mechanically propelled rollers, cranes and excavators fitted with self-laying tracks, tractors or machines used solely for agricultural purpose, trailers designed exclusively for agricultural purposes and all-terrain vehicles.

Issues addressed by initiatives outside the proposed amendment Rule

The proposed decibel limits that have been set address part of the overall problem of excessive vehicle noise. Because the problem is caused by the five interrelated factors (see The problem of excessive vehicle noise) a package of initiatives designed to address each source of the problem and support the decibel limit policy is being proposed.

These initiatives are:

• providing training to WoF/CoF inspectors on applying the subjective noise test;
• raising the awareness of the exhaust industry by advising the industry of its legal obligations and the ramifications of non-compliance;
• raising public awareness about the problem, the requirements, and consequences of non-compliance by providing information on relevant websites, in media releases and by noise testing demonstrations;
• working with the Police and providing further information on the provisions for noisy vehicles to help the Police in enforcing them, including the objective noise test;
• reviewing the objective noise test methodology to ensure the test is robust and is generating the desired outcomes.

Outside the scope of the draft Rule

Heavy vehicles

Heavy vehicles are outside the scope of the proposed amendment Rule because they are rarely fitted with excessively noisy modified exhausts. The current stationary noise test is designed to measure exhaust noise, whereas public complaints regarding heavy vehicle noise are usually about engine braking noise.

Motor sport vehicles

Motor sport vehicles and rally cars must comply with different noise requirements, which are measured at a far distance in a racing scenario and take account of all noise sources, including exhaust. These requirements are also outside the scope of this Rule amendment.

However, when driven on a public road, motor sport vehicles must meet similar noise requirements to other vehicles. These vehicles may need to be modified to make them quieter before they can be driven on the road. Motor sport vehicles that are registered to be driven on public roads are currently allowed an additional 2dBA above the current maximum decibel limit of 95dBA. This is to reflect the higher levels of engine noise which tend to be emitted from these high performance vehicles. Feedback is encouraged on this provision for motor sport vehicles.

Existing provisions to be retained

It is proposed that regulations 29(2) and (3) of the Traffic Regulations be carried over into the amended Vehicle Equipment Rule.

Regulation 29(2). In order to remain aligned with global vehicle standards, regulation 29(2) will be carried over into the amendment Rule. This regulation enables new and used vehicles being imported into New Zealand to be fit for entry provided that they have passed an overseas drive-by test (eg, I.S.O. Recommendation R 362 Measurement of Noise Emitted by Vehicles) and are unmodified.

Regulation 29(3) refers to approved drive-by test methods for the purposes of subclause (2).

Regulation 29(7) will be revoked.

Decibel limits for motorcycles and mopeds. All motorcycles are required to meet the current decibel limits. However, there is a small proportion of motocyclists who have modified their exhausts to well beyond the allowed noise level. Based on noise testing of motorcycles, it is considered that the current decibel limits for motorcycles will target the gross emitters. Other support mechanisms are being considered (eg, providing further training for WoF/CoF testers on how to apply the subjective noise test), to enhance compliance of these vehicles with the law. The proposed amendment Rule, therefore, restates the existing legal limits. These are:

• moped: 91dBA;
• motorcycle having an engine capacity of 125cm3 or less: 96dBA;
• motorcycle having an engine capacity of more than 125cm3: 100dBA.

The objective noise test method for measuring exhaust noise allows a higher decibel limit for motorcycles compared with cars, to account for engine noise registering as part of the exhaust noise measurement (ie, the engine is situated much closer to the exhaust system in a motorcycle than a car). This is standard practice overseas. 

What changes does the amendment Rule propose?

The amendment to the Vehicle Equipment Rule proposes four main changes. These changes would:

• introduce objective noise testing for light motor vehicles as part of vehicle in-service certification;
• specify the circumstances in which a vehicle is required to undergo an objective noise test;
• improve the subjective noise test wording for light vehicles;
• update the decibel limits.

Introduce objective noise testing for light motor vehicles as part of vehicle certification

Currently, WoF/CoF inspectors use a subjective noise test based on the tester’s opinion to decide whether a vehicle is noticeably or significantly louder than the original manufacturer’s exhaust would have been. The proposed amendment Rule brings the objective noise test into the WoF/CoF regime to allow inspectors to refer a vehicle for an objective noise test. It is not feasible to set up objective noise testing at all WoF/CoF stations because of the cost of equipment, training of testers and meeting the site requirements necessary to maintain the integrity of the test procedure. Inspectors will need to apply the revised subjective noise test to determine whether a vehicle has failed the WoF/CoF noise requirements and should be referred to an objective noise test.

Specify the circumstances in which a vehicle is required to undergo an objective noise test

It is proposed that when a vehicle has failed a WoF/CoF test as a result of having an excessively noisy exhaust (ie, the vehicle fails the subjective noise test), the vehicle owner will have two options. The owner can decide to repair or replace the faulty exhaust system and present the vehicle again for a WoF/CoF check, or the WoF/CoF tester can refer the vehicle for an objective noise test carried out by a certified test provider, at the vehicle owner’s cost.

The intention is that a light vehicle could be required to undergo an objective noise test if:

• the vehicle has been fitted with a modified exhaust that increases the vehicle’s exhaust noise output (ie, the noise output of the exhaust fitted to the vehicle is not less than or similar to, the vehicle’s original exhaust system);
• the vehicle is not considered to be clearly below the maximum allowable decibel level.

The vast majority of light vehicles will not be required to undertake an objective noise test. Most vehicles are fitted with standard exhaust systems that are well under the proposed maximum allowable decibel limits. Therefore, compliance costs will be limited to those who have modified their exhaust systems to increase noise output.

Improve the subjective noise test wording for light vehicles

The amendment Rule proposes changes to the current subjective noise test for light vehicles to align it with the proposed objective noise testing provisions and help improve its application at WoF/CoF inspection. Under the proposed amendment Rule, the noise output from a standard or replacement exhaust system of an in-service light vehicle must be less than or similar to, the noise output from the vehicle’s original exhaust system, or, must not exceed the applicable decibel limit.

If a vehicle has been modified so as to increase the noise of its exhaust output, the vehicle must pass the objective noise test, unless the vehicle’s increased exhaust noise level is clearly below the applicable maximum decibel limit (see Vehicle inspector discretion).

The proposed amendment Rule retains the current subjective noise test for vehicles other than light motor vehicles (ie, vehicles to which the objective noise test does not currently apply).

Further guidance and training will be provided for inspectors to ensure that the subjective noise test is applied effectively. Feedback is encouraged on the proposed subjective noise test wording.

Update the decibel limits  

The current decibel limit for exhaust noise for cars and light trucks (3500 kg GVM or less) is 95dBA. The decibel limits (see also Decibel limits for motorcycles and mopeds) have been reviewed to ascertain whether they are appropriate for the current New Zealand vehicle fleet. The limits have been assessed based on the following criteria:

• will the option reduce vehicle noise?
• will it target the gross emitters?
• how will it affect the vehicle fleet and what compliance costs will it create?

The amendment Rule proposes a reduction in decibel limits for light vehicles entering the New Zealand fleet that would take effect two years after the Rule comes into force (ie, in 2010). After 2010, the limit for new motor vehicles would be reduced to 90dBA with a 3dBA tolerance allowed for wear and tear over the life of the vehicle. Used vehicles entering the New Zealand fleet after 2010 would have to comply with a limit of 93dBA.

The current 95dBA limit would be retained for all existing in-service light vehicles in the fleet before 2010. The 95dBA limit would also be retained for older vehicles (vehicles first registered in New Zealand or overseas before 1985), regardless of whether these vehicles are already in the fleet before 2010, or enter the New Zealand fleet after 2010.

The proposed decibel limits for light motor vehicles are set out in Table 1. The advantages of these proposals are as outlined.

• They allow for a reduction in overall fleet noise over time by reducing the limit to 90dBA for new vehicles, and 93dBA for used vehicles, entering the fleet after 2010.
• They allow a two-year lead-in time after the amendment Rule comes into force (ie, 2010) before the reduced limits come into effect, to allow the market and vehicle owners time to adjust.
• They retain the current 95dBA limit for vehicles already in the fleet before 2010, to minimise the impact on these vehicles – the vast majority of which are already compliant.
• They allow for older vehicles (pre-1985) by retaining the current 95dBA limit for these vehicles.  It is more difficult to reduce noise emissions from older vehicles because these vehicles have not benefited from the technological advancements of the last 20 years. In addition, older vehicles are not perceived as causing the problem of excessive vehicle noise. 

The proposed limits to be introduced two years after the amendment Rule comes into force are the same limits imposed by Australia (90dBA for new vehicles and 93dBA for in-service and used imported vehicles). 

Table 1: Proposed decibel limits for ‘light vehicles’ (eg, mopeds, motorcycles, passenger cars, light trucks and light omnibuses) by vehicle class

Vehicle class	Maximum noise level dBA on entry or re-entry	Maximum noise level dBA in service
LA, LB (Mopeds)	91	91
LC, LD, LE (Motorcycles) with engine capacity of 125cm3 or less	96	96
LC, LD, LE (Motorcycles) with engine capacity of more than 125cm3	100	100
MA, MB, MC, MD1, MD2, and NA -if first registered in New Zealand before  1 January 2010 -if first registered outside New Zealand before 1 January 1985 and first registered in New Zealand on or after 1 January 2010 - if first registered outside New Zealand on or after 1 January 1985 and first registered in New Zealand on or after 1 January 2010 -if a new vehicle first registered in New Zealand on or after 1 January 2010	95 95 93 90	95 95   93 93

 

 

Scope of the proposed performance requirements

The proposed exhaust noise performance requirements in the amendment Rule will apply to all light motor vehicles in the New Zealand fleet that are required by Land Transport Rule: Vehicle Standards Compliance 2002 to be certified for entry, re-entry or operation in service.

Matters to be taken into account

The Act provides the legal framework for making Land Transport Rules.

Section 161 of the Act states the procedures by which the Minister for Transport Safety makes ‘ordinary rules’. These include the obligation to consult, which has been developed into a series of formal and informal discussion procedures.

Application of Rule-making criteria

Section 164 of the Act sets out the matters that the Minister must take into account when making a Rule. The Act was amended in 1994 to reflect the overarching importance of the government’s New Zealand Transport Strategy (NZTS). The NZTS envisages that, by 2010, New Zealand will have an affordable, integrated, safe, responsive and sustainable transport system.

Proposed activity or service

Section 164(2)(b) of the Act requires that appropriate weight be given to the nature of the proposed activity or service for which the Rule is being established. The ‘proposed activity or service’ that is covered by the proposed amendment Rule is the introduction of objective noise test requirements for vehicles entering and operating in the New Zealand vehicle fleet to ensure that they are not excessively noisy, thereby helping to reduce noise pollution caused by vehicle exhaust noise.

Risk to land transport safety

Section 164(2)(a) and (c) requires the Minister to take into account the level of risk to land transport safety in each proposed activity or service; and the level of risk existing to land transport safety in general in New Zealand. Vehicles fitted with excessively modified exhausts are not, in isolation, a safety issue. However, behaviour associated with the illegal modification of vehicles (ie, purposefully increasing the noise output of a vehicle) is sometimes linked to safety issues, for example ‘boy racer’ behaviour such as burn-outs, vehicle convoys and drag racing.

Achieving strategic objectives for transport

Maintain and improve safety and personal security

Section 165(2)(d) requires the Minister to have regard to, and give such weight as he or she considers appropriate in each case to the need to maintain and improve land transport safety and security.

There are no specific safety and personal security issues associated with the proposed amendment to the Vehicle Equipment Rule.

Economic development, access and mobility, public health and environmental sustainability

Section 164(2)(e) requires that the Minister must have regard, and give such weight as he or she considers appropriate in each case, to whether a proposed Rule (i) assists economic development; (ii) improves access and mobility; (iii) protects and promotes public health; and (iv) ensures environmental sustainability.

Assists economic development

The proposed amendment aims to minimise excessive vehicle noise, which can contribute to sleep deprivation and cause associated stress, leading to loss of productivity. Minimising loss of productivity will have a positive impact on assisting economic development.

The proposed amendment would not have a negative impact on economic development as it would not disrupt the supply of vehicles from overseas jurisdictions. The proposed reduction in decibel limits in 2010 (see Update the decibel limits) may possibly have a negative impact on the exhaust industry. For example, exhaust systems may have already been produced or purchased by the industry that are within the current allowable decibel limit. These exhaust systems may need to be modified to meet the reduced limit, if the vehicle has entered the fleet after 2010⁸. In addition, some members of the exhaust industry may decide to invest in noise testing equipment, at their own cost, to ensure the equipment sold and fitted complies with the law.

Improves access and mobility

The proposed amendment would not impact negatively on access and mobility as it would not result in someone suddenly losing the use of their vehicle with its associated social impact, and it would not cause any unexpected (and unavoidable) spikes in the cost of living.

The majority of vehicles likely to fail the proposed maximum decibel limits are vehicles that have been purposefully modified to increase noise output (ie, vehicles fitted with after-market, modified exhaust systems). These vehicles make up a small proportion of the overall vehicle fleet.

The proposed decibel limits relating to objective noise testing are likely to result in a small increase in the number of vehicles failing vehicle inspections. Vehicle owners may wish to retire these vehicles from the fleet if it is not cost-effective to repair them to an acceptable condition. The retention of the current decibel limits for vehicles already in the fleet is aimed at minimising unwarranted and retrospective compliance costs.

A two-year lead-in time from when the Rule is signed is proposed before a reduced limit for new and used vehicles entering the fleet is imposed. This is to give the market and vehicle owners time to adjust to the reduced limits.

The proposed amendment Rule should not affect the ability of New Zealand companies to continue to import vehicles, or risk disruption to supply.

Protects and promotes public health

It is very difficult to quantify the public health implications of excessive vehicle noise on New Zealanders. However, research undertaken by the Ministry of Transport⁹ has shown there is a significant potential for traffic noise to cause adverse health effects for people located in certain affected environments, mainly as a contributor to stress-related disorders and in certain vulnerable groups (eg, elderly people, people who are ill and young children).

The intrusion of excessive noise during normal activities (including, among other things, sleeping, listening and teaching) can affect individual health and well-being as well as impact on important human activities such as learning.

Reducing excessive vehicle noise on New Zealand’s roads would benefit those people who are directly affected by excessive vehicle noise, and assist in protecting and promoting public health.

Ensures environmental sustainability

The health and environmental impacts of excessive vehicle noise are closely linked. The proposed amendment aims to reduce excessive vehicle noise (a form of noise pollution) and will, therefore, assist in ensuring environmental sustainability.

Benefits and costs of the proposed changes

Section 164(2)(ea) of the Act requires that the Minister must have regard to the costs of implementing measures proposed in a Rule.

Benefits

The proposed amendment to the Vehicle Equipment Rule is expected to assist in addressing the problem of excessively noisy vehicles to improve the wellbeing of New Zealanders and reduce negative impacts on the environment and public health. Noisy vehicles create public annoyance and have a negative impact on public health, for example, by disturbing sleep. Sleep deprivation and associated stress can cause loss of productivity, which has negative economic and social impacts.

Checking compliance with the proposed amendment Rule would not be onerous or costly for the vast majority of vehicle owners.  The majority of vehicles are fitted with standard exhaust systems, which are not noisy.

Most vehicles will not have to undertake an objective noise test.  The current WoF/CoF regime uses a subjective (opinion-based) noise test to check exhaust noise compliance. The subjective noise test will remain a part of the WoF/CoF regime.

Costs

It is only when a vehicle fails the subjective noise test that an objective noise test might be required, at the owner’s expense. The vehicle owner would also have the option of repairing or replacing the exhaust and re-sitting the WoF/CoF test, should they not wish to proceed with an objective noise test. The cost of compliance, therefore, would fall on the small percentage of vehicle owners who do not comply with the law.

Currently, an objective noise test costs between $114 and $174 (excluding GST). This reflects the variation in time it takes to complete the test and the distance a certified tester may need to travel to test to the vehicle. The objective noise test is currently provided by members of the Low Volume Vehicle Technical Association.

It is not known how many vehicles will fail the objective noise test. As indicated earlier, it is estimated that approximately 1.3 percent of the total vehicle fleet (up to 50,000 vehicles) may be fitted with ‘noticeably’ modified exhausts (ie, excludes generic replacement exhausts similar to the original manufacturer’s exhaust system). The majority of vehicles tested by the Ministry of Transport and Land Transport NZ that were fitted with ‘noticeably’ modified exhaust systems emitted noise in excess of the current 95dBA limit.

Noise emissions from most standard vehicles, including vehicles imported from Japan, are well under the proposed reduced limit of 93dBA for used vehicles imported two years after the Rule comes into force. New vehicles manufactured in Japan are ‘drive-by’ noise tested, which means they would be fit for entry into New Zealand, provided that they are unmodified.

However, because Japan currently has a limit of 96dBA for in-service vehicles (using a ‘stationary’ noise test based on the ISO 5130 method), a small number of vehicles imported from Japan already fitted with modified exhausts, may be non-compliant with 93dBA. Because of the small number of vehicles likely to be affected (most vehicles are standard and most standard vehicles are well below the maximum allowable decibel limit), the negative impact on people importing or purchasing Japanese import vehicles is not expected to be onerous.

A possible negative impact on the exhaust industry could result from the proposed reduction in decibel limits in 2010 (see Update the decibel limits, page 19). Some existing exhaust systems (not yet sold or fitted to a vehicle) may currently meet the existing decibel limits. When the limit is reduced in 2010 for vehicles entering the fleet, these exhausts may become non-compliant. Members of the exhaust industry may decide to invest in noise testing equipment, at their own cost.

International considerations

Section 164(1) and 164(2)(f) of the Act requires that Rules may not be inconsistent with New Zealand’s international obligations concerning land transport safety, and that international circumstances in respect of land transport safety be taken into account in making a Rule. In developing this proposed amendment Rule, consideration has been given to best practice in overseas jurisdictions.

Research undertaken by the Ministry of Transport assessed vehicle noise requirements imposed in overseas jurisdictions¹⁰. The current objective noise test is based on the international ISO 5130 Measurement of noise emitted by stationary road vehicles test methodology, which has been adapted for the New Zealand context.

The proposed limits to be introduced two years after the Rule comes into force are the same limits imposed by Australia (90dBA with 3dBA allowance for deterioration over the life of the vehicle). 

⁸Vehicles first registered overseas prior to 1985 would not be subject to the reduced decibel limit.
⁹Noise Impacts of Land Transport - Stage 3 - Policies for the Management of Noise from Road Traffic and Rail Sources, Malcolm Hunt Associates, 2004.
¹⁰ Review of Methods Used for the Control of Excessive Noise from New Zealand Road Vehicles, Ministry of Transport, April 2005.

How the proposed amendment Rule fits with other legislation

Clause 7.4 of Land Transport (Road User) Rule 2004 (the Road User Rule) provides for on-road enforcement of excessive vehicle noise caused by the manner in which a vehicle is operated. Under that Rule, a Police officer can issue an instant $250 infringement offence notice and impose 10 demerit points if a person operates a vehicle that creates noise which, having regard to all the circumstances, is excessive. This includes noise from stereos and ‘boom boxes’.

This power of the Police under the Road User Rule addresses the behaviour aspect of vehicle noise. The proposed amendment to the Vehicle Equipment Rule is aimed at dealing with vehicles that are excessively noisy due to their exhaust equipment and the manner in which that equipment has been fitted.

Existing legal requirements to be replaced by the proposed amendment Rule

The proposed amendment Rule will revoke and replace the requirements in subclause 2.7(3) of the Vehicle Equipment Rule relating to exhaust noise from light vehicles.

The provisions set out in regulation 29(2) and (3) of the Traffic Regulations will be carried over into the Rule.

Offences and penalties

The draft amendment Rule does not propose any change to the current offence provisions, which are contained in the Land Transport (Offences and Penalties) Regulations 1999.

Publication and information

Copies of this document may be obtained by contacting the Land Transport NZ Help Desk on 0800 699 000. It is also available on the Land Transport NZ website at: www.landtransport.govt.nz/consultation/vehicle-equipment.

Please note that you can also download the Low Volume Vehicle Standard 90-20 (Exhaust Noise Emissions) from the Low Volume Vehicle Techical Association website at: www.lvvta.org.nz/Noise%20Emissions%20Std030706.pdf

If you have not registered your interest to receive drafts of this proposed amendment Rule (or other draft Rules in the Rules programme), you can do so by contacting Land Transport NZ, or on the Land Transport NZ website at: www.landtransport.govt.nz/consultation/rules/reg-interest-rules.html

Information about the Rules programme and process can be found on the website at: www.landtransport.govt.nz/legislation/. This includes an on-line form for registering an interest in Rules.

Final published Land Transport Rules can be purchased from bookshops throughout New Zealand that sell legislation. Queries about the availability and price of Rules can be made to the Rule publishers, Wickliffe Ltd, on 0800 226 440.

Final Rules are also available on the Land Transport NZ website, together with related information material.

Page created: 19 February 2007