by mike227 » Sun Aug 17, 2008 4:09 pm
So heres what I wrote. Basically I had a think about it and compared it to drink driving. A cop doesn't pull you up, say you look a bit drunk, then write you out a ticket, with your only option to pay for a test to prove your not. Then after a (police paid for, eveidential breath test) you can opt for a blood test, if you fail it you have to pay, if you pass the police have to pay.
I tried to word it the nicest way I could, but essentially I think the cops subjectivity is a bit impared when dealing with boy racers, a less charitable person might say that they use green stickers to harras boy racers.
I think like a blood test the police should pay for an objective noise test if you pass it, I shouldn't have to pay to prove my innocence.
The noise limit though a blanket limit of 95dba over everything would really simplify it, none of this louder than standard mucking around. That is with the exception of the few vehicals that come louder than standard.
S 2.7 (5) (6) (7):The main concern I have is the additional limits imposed when a car fails a subjective noise test. While I acknowledge by the very nature of a subjective noise test an exact noise reading cannot be given, myself and many other car enthusiasts believe that many Police Officers subjective judgement is often impaired. This can be a result of many factors including the public perception of so called “boy racers” and reports in the media about irresponsible or illegal activity, which leads to a demand to “crack down on boy racers” and use a ”zero tolerance” approach.
My main concern is specifically to do with vehicles ordered off the around under section 115 of the Land Transport Act 1998, that is when a car is “green stickered”. Essentially when a “green sticker” is applied after a police officer decides that a member of the public’s car has failed a subjective test there is a presumption of guilt with a cost of approximately $150 to prove your innocence. This goes against section 25 (c) of The Bill of Rights Act 1990.
I do believe Police Officers should have the power to order a car be tested for its exhaust noise, I believe it should be brought into line with S 67 (1) of the Land Transport Act 1998 which is in regards to blood alcohol testing. If a person under goes a blood test and passes it they do not have to pay for it, they only have to pay for it if they fail, I believe this approach should be taken to exhaust testing. While the two laws regarding drink driving and exhaust noise are not directly comparable, the principle behind proving guilt or innocence is. In summary I believe that the car owner should only have to pay for an objective noise test if they fail that test.
S 2.7 (5) (6) (7): My secondary concern is noise testing during a warrant of fitness, I believe it should work the same way. If a warrant of fitness inspector makes a subjective judgement that the exhaust is excessively noisy and an objective noise test confirms this the car owner should pay for the test. The subsequent objective tests on repaired exhausts after initially failing an objective test should also be paid for by the car owner as the original objective test has established guilt. This is should be subject to low volume vehicle testing officers having the option to pass a repaired exhaust system with only a subjective test if they believe it is appropriate.
S 1.2: I believe that no decision should be made in regards to lowering dBA limits until at least 1 June 2009 when most of the relevant vehicles (older than 6 years) have been though 2 warrant of fitness cycles when it would expect almost all non compliant exhaust’s would have been rectified. All other changes I support being made within the draft time table.
S 4 Schedual 3 (b), (c)ii (ref: S2.7 (4)(b)): I do not support section (c) ii of schedule 3, that a lower limit of 90dBA should be applied to vehicles that have failed an objective noise test, a fine would be a more appropriate punishment.
One of the main problems with the law is the regular changes to it and a level of complexity that is too much for some younger car enthusiasts to clearly understand. A more practical approach would be a blanket limit of 95 dBA for all MA, MB, MC, MD1, MD2, and NA vehicles, with the only exception being vehicles that exceed 95dBA in standard configuration and only in those cases the “not louder than standard” noise level be used.
Last edited by
mike227 on Sun Aug 17, 2008 6:28 pm, edited 1 time in total.
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