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There is currently no statutory definition for “excessive noise” but a report is being written that could see one added to the local legal dictionary in the future.
Deputy Lester Queripel has been asking questions about what he calls "excessively noisy vehicles" and whether their owners can be prosecuted for any offence under the island's current laws.
He's been told that as there is no statutory definition of what constitutes excessive noise, it is difficult for Guernsey Police to enforce the laws around vehicle noise.
'I believe I’m right in saying that despite the best efforts of our Police officers to ‘clamp down’ on owners of excessively noisy vehicles, their current powers to do so are somewhat limited. Of course I stand to be corrected on that, but with that in mind, can you please clarify the situation and tell me what regulations are currently in place here in Guernsey regarding prosecuting owners of excessively noisy vehicles? - Deputy Lester Queripel R14 Q lodged September 2024.
Deputy Queripel's Rule 14 written question was lodged with the Committee for the Environment and Infrastructure, which replied explaining that it is working with Home Affairs "to deal with increasing challenges around the prevention, education and enforcement of road traffic and driver offences across the island".
Pictured: Deputy Lester Queripel.
E&I said the relevant legislation is 'The Vehicle Noise etc. Ordinance, 1986' and 'The Road Traffic (Construction and Use of Motor Vehicles) Ordinance, 2002'.
The 1986 ordinance states that “a person shall not use a motor vehicle on any public highway in such manner as to cause excessive noise which could be avoided by the exercise of reasonable care on his part.” Anyone convicted of this offence would face a fine in court.
The 2002 ordinance states that the use of a vehicle on the roads is not permitted if “there is a likelihood of causing noise, raising dust or creating any other avoidable nuisance”. This ordinance also goes on to stipulate that every vehicle must be constructed and maintained so that it does not give rise to excessive noise, and that vehicles with an internal combustion engine must be equipped with an exhaust silencer maintained in good and efficient working order.
E&I said the interpretation of the above legislation "can prove difficult, impacting any possible enforcement undertaken by our colleagues in Law Enforcement."
To combat that in the future, E&I said it is "currently working with the Committee for Home Affairs to explore this further and is one of a number of topics included within a commissioned report of which we understand will be shared with us in the coming weeks. The report will provide an evidence-based review on the feasibility of potential measures to deal with increasing challenges around the prevention, education and enforcement of road traffic and driver offences across the island. We would be happy to provide Deputy Queripel and any other members with more detail on this in the near future."
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