Closed consultation

Land Transport Rule: Vehicle Equipment Amendment [2007]

Rule 32017/2

Please note: Consultation closed on 19 April 2007

Questions and answers

• Questions and answers for public consultation
• Background information: Previous questions and answers from the July 2006 media release (Interim measures)
  

Questions and answers for public consultation

1. What is being released for consultation?

Proposed changes to the vehicle noise testing provisions in the Land Transport Rule: Vehicle Equipment 2004 (the Vehicle Equipment Rule). The proposed changes are contained in Land Transport Rule: Vehicle Equipment Amendment [2007].

2. What is being proposed?

The main changes proposed in the draft amendment Rule are associated with:

• updating decibel limits for vehicles,
• extending the circumstances in which a vehicle is required to undergo an objective noise test, and
• improving the subjective noise test for light vehicles.

3. What is an objective noise test?

An objective noise test uses scientific procedures to measure noise levels. The equipment used will measure the vehicle’s exhaust noise levels against a pre-determined standard.

4. What is a subjective noise test?

A subjective noise test relies on the judgment and experience of the tester to assess whether the level of exhaust noise meets the legal requirements.  The draft amendment Rule proposes changes to the wording of the subjective noise test for light vehicles to improve its application at WoF/CoF checks, and to align it with the objective noise test.

5. What are the current decibel limits for light vehicles?

The current decibel limit for exhaust noise for cars and light trucks (3500 kg or less) is 95 decibels (dBA). The limit for motorcycles is as follows:

• Moped: 91 dBA
• Motorcycle having an engine capacity of 125 cm³ or less: 96 dBA
• Motorcycle having an engine capacity of more than 125 cm³: 100 dBA.

6. What changes does the amendment Rule propose to the current decibel limits?

The Rule proposes that two years after the amendment Rule comes into force (ie, in 2010), the limit for new vehicles will be reduced to 90dBA with a 3dBA allowance given for wear and tear over the life of the vehicle. Used vehicles entering the New Zealand fleet after 2010 will need to meet a limit of 93dBA. 

The current 95dBA limit will be retained for existing in-service vehicles already in the fleet before 2010. The 95dBA limit will also be retained for older vehicles (vehicles first registered in New Zealand or overseas before 1985), including those entering the New Zealand fleet after 2010.

The revised limits apply to cars, vans, light trucks and light omnibuses.  Motorcycle and moped limits will remain the same.

7. What is the purpose of the amendment Rule?

The purpose of the amendment Rule is to reduce vehicle noise by targeting the noisiest vehicles in the fleet (the ‘gross emitters’), while minimising the impact on the majority of vehicle owners whose vehicles are not causing the problem.  The ‘gross emitters’ tend to be vehicles purposefully fitted with modified exhausts that emit noise well above the legally allowable decibel limits.  Although they make up a small percentage of the overall vehicle fleet, these vehicles cause a great deal of public annoyance.  

8. How were the decibel limits reviewed?

A range of decibel limits were assessed using 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 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 revealed that the vast majority of standard vehicles fitted with standard manufacturer’s exhaust systems, or exhausts similar to the original exhaust, would be well under the current 95dBA limit. As the majority of vehicles in the New Zealand fleet are standard, most vehicles in New Zealand would easily comply with the proposed changes.

9. What changes are being proposed that will affect the WoF/CoF tests?

A subjective noise test will still be a part of the WoF/CoF testing regime, however rather than being the only noise test for light vehicles, it will now be used to ‘filter out’ quieter vehicles that do not need an objective noise test. If a vehicle fails the subjective noise test the tester may refer the vehicle for an objective noise test to ensure that it meets the decibel limit, at the owner’s expense. The vehicle owner would 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 amended Vehicle Equipment Rule will introduce the objective noise test for light vehicles (those with a gross vehicle mass of 3500 kg or under, including mopeds, motorcycles, cars, and light trucks) undergoing in-service inspection and certification (WoF/CoF tests). The amended Rule will also provide for vehicles at entry inspection and certification to be referred for an objective noise test by vehicle inspectors. This is currently allowed under the provisions of the Traffic Regulations.

10. Are the proposed changes needed?

Excessive vehicle noise is a significant public concern, particularly in some urban areas. Numerous public complaints are made about people operating their vehicles in an inconsiderate manner (eg, vehicle convoys, burn outs, drag racing, using loud stereos), and levels of exhaust noise. 

The current limits have been reviewed to assess whether they are appropriate given advances in vehicle manufacturing technology over the last 20 years. The vast majority of new, standard vehicles are well under 90dBA, whereas older vehicles (over 20 years old) were not designed to be so quiet.
 
The problem of excessive vehicle noise is caused by a number of factors outside the scope of the proposed Rule amendment (eg, enforcement practices, practical implementation of the subjective noise test, exhaust tampering, and illegal modification of exhausts).  These wider factors are also being considered alongside decibel limits. 

11. What are the advantages of the proposed change to decibel limits?

• 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 for a two-year lead-in time after the 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 the nature of older vehicles (pre-1985) by retaining the current 95dBA limit. This reflects the fact that older vehicles were subject to lesser noise control measures when new and can be harder to adapt to reduce noise.

12. Which vehicles are likely to be affected by the draft amendment Rule?

Owners of vehicles fitted with excessively noisy exhausts will be affected. Vehicles may be referred for an objective noise test if they fail the subjective noise test at entry to New Zealand, at WoF/CoF testing, and as part of on-road policing. Under the draft Rule, vehicles fitted with modified exhausts that produce a noise output which is not “less than or similar to” the original manufacturer’s exhaust system, or, is not “clearly below the maximum decibel level”, would be required to undergo an objective noise test or have the exhaust repaired or replaced to make the vehicle compliant.

13. How will the change in decibel limits affect the owners of older vehicles?

There is no change in decibel limit for older vehicles.  Vehicles in this category are light vehicles first registered in New Zealand or overseas before 1985, including classic and vintage cars. The current decibel limit of 95dBA is retained to reflect the fact that older vehicles were subject to fewer noise control measures when new and can be harder to quieten down. Currently, there are approximately 45,000 vehicles over 20 years old in the fleet. While many of these are likely to be fitted with ‘similar to standard’ exhausts, many could fail a limit of 93dBA. These vehicles make up a very small percentage of the New Zealand fleet and are not considered to contribute significantly to the problem of excessive vehicle noise. 

14. My car is fitted with a modified exhaust system – how will the changes in decibel limits affect me?

Not all vehicles fitted with modified exhausts will be affected by the change in decibel limits.  This is because a modified exhaust system can operate with a similar noise output level as the vehicle’s original exhaust system, and comply with the decibel limits.  

Under the draft Rule, vehicles fitted with modified exhausts would be required to undergo an objective noise test or have the exhaust repaired or replaced to make the vehicle compliant if they produce a noise output which is not “less than or similar to” the original manufacturer’s exhaust system or is not “clearly below the maximum decibel level”. It is estimated that up to 1.3 percent of the current fleet (maximum 50,000 vehicles) may fall into this category.

The vast majority of the vehicles tested that were fitted with modified exhaust systems emitted noise well in excess of the current decibel limit of 95dBA.  These are the ‘gross emitters’ targeted by the draft Rule.

Not all vehicles referred for an objective noise test by WoF/CoF testers will undergo the test.  The vehicle owner may decide to repair or replace the exhaust system to make it compliant, rather than undertaking the objective noise test.

If a vehicle owner chooses to undertake the objective noise test and the vehicle is within the decibel limit, the exhaust system will be certified.  Provided the exhaust system remains unaltered, the vehicle will not have to undergo an objective noise test as a result of future WoF/CoF inspections.

15. How will the proposed changes affect the average motorist, who drives a standard vehicle without a modified exhaust?

Most vehicles in the New Zealand fleet are fitted with standard exhaust systems (ie, fitted with the manufacturer’s original exhaust or a ‘similar to standard’ replacement exhaust) and will comply with the reduced decibel limits. 94 percent of standard vehicles tested by the Ministry of Transport and Land Transport NZ were well under 90dBA. 

It is estimated that five percent of standard vehicles (approximately 130,000 vehicles in the New Zealand fleet) tested are between 90-95dBA, so a proportion of these vehicles are likely to fail a limit of 93dBA. Therefore, these standard vehicles will continue to be allowed to enter, and operate within, the New Zealand fleet, provided they have passed a recognised overseas noise standard and have not since been modified. 

16.How will the proposed changes affect owners of ‘scratch-built’ vehicles (eg, hot rods) and vehicles fitted with after-market exhaust systems?

The objective noise testing regime will apply to vehicles driven by car enthusiasts with modified exhausts fitted due to the nature of the vehicle (eg, hot rods), or to enhance performance output and sound effect (eg, after-market sports exhausts).  Some of these vehicles may exceed the maximum decibel limit and would need to be made compliant. 

17. How will the proposed changes affect vehicle importers?

A very small number of vehicles imported from Japan already fitted with modified exhausts could be affected once the reduced limit of 93dBA for used vehicles is introduced, as the exhaust noise limit in Japan is 96dBA.  The impact of this will be minimised by allowing a two year lead-in time before reducing decibel limits; this will give time for the market and vehicle owners to adjust. 

18. Will reducing decibel limits be sufficient to address the problem of excessive vehicle noise?

A wide range of issues contribute to the problem of excessive vehicle noise (eg, enforcement practices, practical implementation of the subjective noise test, exhaust tampering, and illegal modification of exhausts).  Reducing decibel limits alone will not be sufficient in addressing the problem if these wider issues are not addressed – this is why a package of complementary initiatives is being proposed to support the implementation of the draft Rule amendment. 

These initiatives will be further developed over the next few months, and include:

• working with the New Zealand Police to ensure they have the tools they need for effective enforcement.
• providing training and guidance material to support WoF/CoF testers to apply the subjective noise test.
• raising awareness of the exhaust industry and the public about the problem, the law and consequences of non-compliance.
• improving the robustness of the objective noise testing methodology.

19. If the Police already have the power to deal with noisy vehicles, why does objective noise testing need to be brought into the WoF/CoF testing system?

The New Zealand Police have a wide range of powers to deal with the noisy operation of vehicles, including the power to refer a vehicle for an objective noise test.  However, there is public concern about excessively noisy exhaust equipment being fitted to vehicles, and that this problem requires additional controls.

Bringing the objective noise test into the WoF/CoF regime will help to target the noisiest vehicles in the fleet (the ‘gross emitters’) and ensure these vehicles are made to comply with the law. These vehicles tend to be purposefully fitted with excessively noisy modified exhausts and are well above the current decibel limits. These vehicles make up a small percentage of the overall vehicle fleet, and cause a great deal of public annoyance.

20. Why are motorcycles (having an engine capacity of more than 125 cm³) allowed a higher limit than cars?

The objective noise test method for measuring exhaust noise allows a higher decibel limit for motorcycles compared to cars, in order 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 in overseas jurisdictions.

21. When will the proposed changes come into force?

Subject to government approval, it is proposed that the Rule will be signed in February 2008 and come into force by May 2008. The extension of objective noise testing to in-service inspections would come into force in May 2008, while the proposed reduced decibel limits for vehicles entering the fleet will take effect two years after the Rule comes into force (ie, in 2010). The reduced limits will apply to new and used vehicles entering the fleet after 2010. Older vehicles (vehicles first registered overseas before 1985) entering the fleet after 2010 will need to comply with the current 95dBA limit.

22. Where can I get details of the proposals in the draft amendment Rule?

Details of the proposals are contained in the Overview to the yellow (public consultation) draft of Land Transport Rule: Vehicle Equipment Amendment 2007 (Objective noise testing). Copies of the yellow draft or further information about the proposed amendment Rule may be obtained by contacting the Land Transport NZ helpdesk on 0800 699 000 or by emailing info@nzta.govt.nz.

The draft Rule, its overview and accompanying information material, together with an on-line submissions form, are also available on Land Transport NZ’s website at www.landtransport.govt.nz/consultation/vehicle-equipment

23. Does the draft Rule and accompanying Overview document give me all the information I need to fully understand what is proposed?

Because it is an amendment Rule, the draft Rule only sets out the changes that are proposed to the Vehicle Equipment Rule. To see how these proposed changes fit in with the current Rule you will need to refer to the Vehicle Equipment Rule.

24. How can I get a copy of the Vehicle Equipment Rule?

All published Land Transport Rules are available on the Land Transport NZ website at www.landtransport.govt.nz/rules or can be purchased at selected bookshops throughout New Zealand that sell government legislation.

If you access the yellow draft amendment on the website you will see that it has been linked to the Vehicle Equipment Rule.

You can also download the Low Volume Vehicle Standard 90-20 (Exhaust Noise Emissions) from the Low Volume Vehicle Technical Association website at www.lvvta.org.nz/Noise%20Emissions%20Std030706.pdf

25. How long do I have to make a submission?

Submissions on the draft amendment Rule close on 19 April 2007.

 

Background Information: Previous Questions and Answers from the July 2006 Media Release (Interim Measures)

What vehicle noise legislation is in place now?

Currently, section 7.4 of the Land Transport (Road User) Rule 2004 provides for on-road enforcement of vehicle noise.  Under this Rule, a Police officer can issue an instant $250 infringement offence notice carrying 10 demerit points if a person operates a vehicle that creates noise which, having regard to all the circumstances, is excessive.  Since February 2005 this has included noise from stereos and “boom boxes”. 

In addition to roadside enforcement, all vehicles undergo a subjective noise test during warrant and certificate of fitness (WOF/COF) checks.  Clause 2.7(3) of the Land Transport Rule: Vehicle Equipment 2004 (previously, regulation 81 of the Traffic Regulations 1976) states 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 section 115(1) of the Land Transport Act 1998, a Police officer can also ‘green sticker’ a vehicle that is seen to breach the noise requirements of the Vehicle Equipment Rule 2004, and direct that the vehicle not be driven on a road until it has passed a WOF test at an independent testing station.

Regulation 29(4) of the Traffic Regulations 1976 allows a Police officer to refer a vehicle to be tested for noise output if the vehicle has been modified in a way that could affect the noise output of the vehicle, subsequent to being introduced, manufactured, or sold for first registration in New Zealand. 

What’s the current testing regime?

An interim objective noise test was introduced in July 2006. Specialist sound equipment is used to determine whether vehicles meet the acceptable noise standard on an ‘as required’ basis when requested by the Police and on all cars that enter New Zealand. However, the existing legislation does not permit either an extension of the regime beyond these requirements or a review of the current noise levels. Additionally, the test was not permitted to be a part of in-service warrant and certificate of fitness (WoF/CoF) inspections for vehicles already in New Zealand.

If there’s already an ‘interim’ test, why does this need to change?

The interim measures, which introduced objective noise testing in July 2006, have limited scope and need to be expanded to strengthen their effect on the issue of noisy vehicles.  Also, the Traffic Regulations 1976 are being superseded so all relevant parts are being incorporated into Rules.

What types of test are available for measuring vehicle noise emissions and what are the decibel limits allowed under those tests?

There are 2 tests that vehicles can be measured against:

The vehicle drive-by test involves taking a measurement from afar, while a vehicle is accelerating.  The current New Zealand decibel limits for the drive-by test are between 77 and 86dBA, depending on vehicle type.  The drive-by test measures ‘whole of vehicle’ noise.

The objective noise test is a stationary measurement of vehicle exhaust noise. This test is intended to be easier to perform than the drive-by test. Current New Zealand exhaust noise limits are between 91 and 100dBA, depending on vehicle type.

Do WoF/CoF inspectors currently test vehicles for noise?

Yes, vehicle inspectors use a subjective noise test to assess vehicle noise at entry and during the WoF/CoF test.

Why won’t WoF/CoF inspectors be able to offer an objective noise test at their facility?

The test requires expensive equipment and a controlled environment to be accurate. Not all testing stations will be able to provide these facilities. Therefore, it is not feasible to set up objective noise testing at all WoF/CoF stations due to the cost of equipment, training and upgrading sites to meet these new requirements.

Who will carry out the objective noise test?

Land Transport NZ has contracted the Low Volume Vehicle Technical Association to provide the test.

Where will vehicles be tested?

A list of providers and their contact details can be found on the Low Volume Vehicle Technical Association (LVVTA) website: www.lvvta.org.nz/

Information can also be obtained by contacting the Land Transport NZ Help Desk on 0800 699 000.

What does the tester do?

The tester will conduct a stationary exhaust noise measurement using a procedure based on the internationally recognized ISO 5130 test. The tester will then record the details. If the vehicle passes the objective noise test, the tester will put a unique identification sticker on the exhaust to indicate that it has been tested and produce a comprehensive report for the owner.

What happens if a vehicle fails the objective noise test?

If a vehicle fails the objective noise test, it will need to be repaired before it can legally be driven again. It is illegal for any vehicle to be driven if it does not meet WoF requirements, irrespective of when the vehicle’s WoF expires. However, the vehicle may be driven in order to be repaired, provided it is safe to drive the vehicle (which it would be in this case). (The relevant requirements are Land Transport Act 1998, regulation 6 of the Traffic Regulations 1976 and subclause 10.2(2) of Land Transport Rule: Vehicle Standards Compliance 2002.)

What’s the current situation for vehicle importers regarding vehicle noise?

Currently, vehicles being certified for entry into the New Zealand fleet have to meet a recognised overseas noise standard (in which case, the vehicle must not be fitted with a modified exhaust) or pass the subjective noise test.  In the event of failing, the vehicle can be referred for an objective noise test or the exhaust repaired or replaced to comply with the law.

What is the advantage of an objective noise test over a subjective one?

The objective noise test provides a robust, consistent and workable, science-based method of assessing vehicle exhaust noise to supplement the subjective noise test currently in place at WoF/CoF and Entry.

Why aren’t heavy vehicles (vehicles weighing more that 3500 kg) subject to the test?

Heavy vehicles are outside the scope of the work of the proposed amendment as 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.

The wording of the current subclause 2.7(3) of the Vehicle Equipment Rule will be retained for vehicles outside the scope of the proposed amendment (eg, heavy vehicles).

Subclause 2.7(3) states: “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.”

How much will an objective noise test cost?

Currently, an objective noise test costs between $114 and $174 (excluding GST). This reflects the variation in time it takes to complete the test on different vehicles and the distance a certified tester may need to travel to test to the vehicle.

How long is the objective noise test valid for?

The test is valid as long as the exhaust system noise output is not altered and the test certificate and exhaust label are present.

Page created: 19 February 2007