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Emam JL

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20th September 1968

Page 260

Page 260, 20th September 1968 — Emam JL

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by Les Oldridge AI RTE, AMIMI

Noise (2)

THE Motor Vehicle (Construction and Use) Regulations 1966 are not only concerned with exhaust noise. I pointed this out last week and will amplify on this point now.

Regulation 86 makes it an offence to use, cause or permit a motor vehicle or trailer to be used which causes any excessive noise either directly or indirectly as the result of any defect, lack of repair or faulty adjustment either of the vehicle or its load.

There is, however, a statutory defence to a charge against this Regulation. If it can be proved that the noise was due to some temporary or accidental cause and could not have been prevented by the exercise of due diligence and care on the part of the owner or driver, then a "not guilty" verdict must be given, In the case of a driver who is not the owner of the vehicle it is a defence for him to prove that the noise arose through a defect in the design or construction of the vehicle, or through the fault or negligence of some other person responsible for keeping it in a proper state of repair, or to properly pack the load and that the noise could not have been prevented by him (the driver). It should be noted that these defences are only applicable to this particular Regulation and not the one concerned with exhaust noise discussed last week.

It was held in Re Scottish Farmer Dairy Co. (1934) 98 J.P. Jo 848 that evidence merely that many milk cans rattled on a lorry and made a great noise did not suffice to show that their loading or adiustment was faulty.

Another Regulation aimed at the reduction of noise requires that the engine of a motor vehicle must be stopped when the vehicle is stationary otherwise than through enforced stoppage because of traffic, so far as may be necessary for the prevention of noise. This Regulation does not apply to a vehicle running on producer gas or when the engine is being run to detect a fault or to drive ancillary equipment. The latter provision covers the use of the engine to work tipper gear, etc.