Boy Racer Noise Pollution levels - Do the Gardai Enforce?

amoebaassasin

Hi - Just wondering if noise from these trash heaps is being monitored by the gardai and are they enforcing penalties if the noise level is exceeded? From what I can see/hear in Galway - definitely not. any thoughts?
Cheers AA

Hooch

amoebaassasin wrote: »

Hi - Just wondering if noise from these trash heaps is being monitored by the gardai and are they enforcing penalties if the noise level is exceeded? From what I can see/hear in Galway - definitely not. any thoughts?
Cheers AA

Yes they are however it depends on the local judge. Most will except a Garda's evidence that the exhaust was excessively loud.....but some dont.

We have not been given dB meters so cannot provide a reading. Some Garda districts do however have an arrangement with local NCT centres to check the vehicles over.

amoebaassasin

We have not been given dB meters so cannot provide a reading. Some Garda districts do however have an arrangement with local NCT centres to check the vehicles over.[/QUOTE]


Any idea what the db level max should be? Every BR car that I see seems to have an excessively loud exchaust - any plans to have db meters introduced?

justshane

My own car has one of these loud exhausts, can be very shameful if I'm going threw town and I'm often worried approaching checkpoints too. It's not areally really loud just when your pulling off or driving slowly. however i have been driving with its since January and no trouble, prob due to the fact I'm not seen every night of the week doing the same half mile run around the town, or sitting up with 3 honda civics outside teenage discos:D

P.S just before anyone says anything, I did not put it on myself and the car was a bargin so bought it for that reason, you cant beat a Toyota

FreudianSlippers

I've noticed that the boy racers aren't so much the problem anymore. Now it's motorcycles with exhaust noises that make boy racers exhaust systems sound like birds chirping. It's annoying as hell

amoebaassasin

Well when I am awoken at 3am by engines - it tends not to be motorbikes - usually supras or micras tearing up our road

FreudianSlippers

I'm just speaking from my own experience in the past 12 months in city centre Dublin at all hours of the day and night.

Lab_Mouse

nice guy always wrote: »

Most will except a Garda's evidence that the exhaust was excessively loud

surely the defendents legal team shouldnt let that go.?Loudness is subjective,what you would consider loud wouldnt nessarily be what I or the judge would consider loud.

Bosco boy

If the correct tools and resources were provided it wouldn't be a problem, a db level should be in place and a meter to read it on the side of the road, if the exhaust is excessive then a Fcps ticket with a fine and 2 penalty points should be issued, it would quiten thinks down quickly, why it's not done I can't explain, the rsa and Garda authorities are constantly being asked by gardai to provide the necessary.

simonsez

amoebaassasin wrote: »

Well when I am awoken at 3am by engines - it tends not to be motorbikes - usually supras or micras tearing up our road

Well considering you were driving illegally following your driving ban after being banned. Which meant you weren't insured.

MagicSean

simonsez wrote: »

Well considering you were driving illegally following your driving ban after being banned. Which meant you weren't insured.

Actually he was still insured. Did you just resurrect this thread to troll that guy?

simonsez

MagicSean wrote: »

Actually he was still insured. Did you just resurrect this thread to troll that guy?

Thanks MS,

Yeah I was 'throlling'. I like that term. Learning two things to-day

I really didn't know that if you are disqualified for driving in Ireland that insurance companies in Ireland will insure you . Is it the case the insurer will insure you provided that when filling out the proposal form you declare as a material fact your disqualification? You might be loaded accordingly .

However, you are not permitted to actually permitted to drive during the period of the conviction?

Could you provide a source . Much obliged in advance.

SS

MagicSean

simonsez wrote: »

Thanks MS,

Yeah I was 'throlling'. I like that term. Learning two things to-day

I really didn't know that if you are disqualified for driving in Ireland that insurance companies in Ireland will insure you . Is it the case the insurer will insure you provided that when filling out the proposal form you declare as a material fact your disqualification? You might be loaded accordingly .

However, you are not permitted to actually permitted to drive during the period of the conviction?

Could you provide a source . Much obliged in advance.

SS

Insurance isn't invalidated if you don't have a licence. The insurance company is obliged to provide third party cover. It's an EU directive.

Procrastastudy

I thought it was now (2012) part of the NCT that they checked noise levels?

simonsez

MagicSean wrote: »

Insurance isn't invalidated if you don't have a licence. The insurance company is obliged to provide third party cover. It's an EU directive.

Really? What is the EU directive MS, please?

SS:)

simonsez

MagicSean wrote: »

Insurance isn't invalidated if you don't have a licence. The insurance company is obliged to provide third party cover. It's an EU directive.

http://www.justanswer.com/ireland-law/43kcz-when-banned-drink-driving-ireland-does-law.html

Procrastastudy

oooh a legal source the doesn't even get the name of the State right. I have to say I'm convinced!

Its basic public policy - even if it wasn't the MIBI would step in. Why would the system add another step if there was a paid for policy?

How do you think the system works for people on a learners permit?

Mellor

simonsez wrote: »

http://www.justanswer.com/ireland-law/43kcz-when-banned-drink-driving-ireland-does-law.html

That says that the insurance won't cover you if in a accidient, not that it won't cover 3rd party. Nowhere does it say that a policy is cancelled.

Examples:
If you lose you license and your car is stolen from the driveway, your insurance still covers it. Therefore not a cancelled policy.

If somebody had an accident, and were drink driving. The insurance probably would cover them for damages to thier own car. But it would have to cover the medical expense of other people invovled.

simonsez

GCDLawstudent wrote: »

oooh a legal source the doesn't even get the name of the State right. I have to say I'm convinced!

Its basic public policy - even if it wasn't the MIBI would step in. Why would the system add another step if there was a paid for policy?

How do you think the system works for people on a learners permit?

Thanks but I don't understand your point GCD?

Let me ask you a question I seek clarification ad sources.

A person is disqualified from driving. 2 years 3 years whatever. My point is that once you are disqualified from driving . This is from an Irish context.
A number of things happen.

1 You are not permitted to drive on public roads for the duration of the conviction.

2 During this conviction you will not be able to get car insurance.

I really would be much obliged if you someone could give me an answer with verifiable sources.

Regards,

SS:)

simonsez

Mellor wrote: »

That says that the insurance won't cover you if in a accidient, not that it won't cover 3rd party. Nowhere does it say that a policy is cancelled.

Examples:
If you lose you license and your car is stolen from the driveway, your insurance still covers it. Therefore not a cancelled policy.

If somebody had an accident, and were drink driving. The insurance probably would cover them for damages to thier own car. But it would have to cover the medical expense of other people invovled.

thanks Mellor,

My question is simple.

When you are convicted and disqualified.

In relation to driving only, not fire not theft or any of the other areas that insurance cover , like personal injury etc etc.

1) Are you insured to operate a vehicle on public roads?

2) Legally allowed to operate a vehicle on a public road?

I don't think so.

Sources would be greatly appreciated. Thanks in advance.

SS

MagicSean

simonsez wrote: »

Thanks but I don't understand your point GCD?

Let me ask you a question I seek clarification ad sources.

A person is disqualified from driving. 2 years 3 years whatever. My point is that once you are disqualified from driving . This is from an Irish context.
A number of things happen.

1 You are not permitted to drive on public roads for the duration of the conviction.

2 During this conviction you will not be able to get car insurance.

I really would be much obliged if you someone could give me an answer with verifiable sources.

Regards,

SS:)

There are three different situations to look at.

Being disqualified while your own policy is in existence
Being disqualified and having no policy in existence
Being disqualified but driving a car that is covered by another persons policy

In addition you have to look at things from both the civil and criminal perspective.

Being disqualified while your own policy is in existence: Your own policy still exists so you are technically covered for third party liability (under an EU Directive) but it is likely your insurance will try and recoup any compensation paid by suing you. You are technically covered under criminal law because you have third party cover. I'm not sure if this has ever been definitively decided in court though.

Being disqualified and having no policy in existence: You are committing an offence by driving the vehicle without insurance. Any claims against you will be made against the MIBI who will look to get any compensation payments back from you.

Being disqualified but driving a car that is covered by another persons policy: The other persons policy must cover any third party claims against you, even if the car was taken without permission, but will look to recoup any payments from you or the owner or both depending on the circumstances. You are also committing an offence of driving without insurance if you took the car without permission.

Mellor

simonsez wrote: »

In relation to driving only, not fire not theft or any of the other areas that insurance cover , like personal injury etc etc.

1) Are you insured to operate a vehicle on public roads?

2) Legally allowed to operate a vehicle on a public road?

I don't think so.

You are still insured. But they will probably try to seek losses/damages from you.
The difference between not being insured and being insured but losses/damages being sought is that the legal minimal level of insurance will be provided in the latter.

simonsez

MagicSean wrote: »

There are three different situations to look at.

Being disqualified while your own policy is in existence
Being disqualified and having no policy in existence
Being disqualified but driving a car that is covered by another persons policy

In addition you have to look at things from both the civil and criminal perspective.

Being disqualified while your own policy is in existence: Your own policy still exists so you are technically covered for third party liability (under an EU Directive) but it is likely your insurance will try and recoup any compensation paid by suing you. You are technically covered under criminal law because you have third party cover. I'm not sure if this has ever been definitively decided in court though.

Being disqualified and having no policy in existence: You are committing an offence by driving the vehicle without insurance. Any claims against you will be made against the MIBI who will look to get any compensation payments back from you.

Being disqualified but driving a car that is covered by another persons policy: The other persons policy must cover any third party claims against you, even if the car was taken without permission, but will look to recoup any payments from you or the owner or both depending on the circumstances. You are also committing an offence of driving without insurance if you took the car without permission.

great thanks that's explained the insurance. Sources would be appreciated.

Now insurance aside. is it legal post disqualification to operate a vehicle on public roads? Irish context .

simonsez

Mellor wrote: »

You are still insured. But they will probably try to seek losses/damages from you.
The difference between not being insured and being insured but losses/damages being sought is that the legal minimal level of insurance will be provided in the latter.

Why no one be answering question about the legality to operate a vehicle post disqualification??

MagicSean

simonsez wrote: »

great thanks that's explained the insurance. Sources would be appreciated.

Now insurance aside. is it legal post disqualification to operate a vehicle on public roads? Irish context .

Yes it is illegal to drive a mechanically propelled vehicle in a public place without a valid driving licence.

simonsez

MagicSean wrote: »

Yes it is illegal to drive a mechanically propelled vehicle in a public place without a valid driving licence.

Thanks MS for you input and answers. In relation to both insurance and legal aspects to my question.

This does not refer to yourself.

People with glasshouses shouldn't throw stones.

Unless

1 They have insurance to cover damage.

2 Complain about motor law enforcement when they themselves have been breaking motor law repeatedly for the duration of a conviction. They should be thanking their lucky stars.

SS

Procrastastudy

People aware of this behavior should contact the Gardai and report it.

simonsez

GCDLawstudent wrote: »

People aware of this behavior should contact the Gardai and report it.

http://www.boards.ie/vbulletin/showthread.php?p=58570584


GCD woulda coulda shoulda....

Im not up on the law like yourself I dont think folk can be done retrospectively???

However willing to build a time machine, go back ten years. Join the Irish traffic corp and hunt down folk that make noise at 3 am in the morning and others who are driving illegally. Im game if you are. You could then get questions for the leaving cert and get the points you need to study law and it would save 'mammy and daddy GCD' having to pay for your degree hahaha.

As MS above had said so only throlling ya dude.

In fairness to AA he had the balls to drive around for a couple of years illegally and un-insured, I also had the option of changing my license but was told by my solicitor that Id be facing serious time if nabbed by the 50.




SS

Procrastastudy

Didn't do the leaving cert and you'd have to go back a bit further than 10 years to get me the A-level papers.

I'm afraid I haven't done criminal law so I have no idea what the statute of limitations is on it. Surely all crime is prosecuted retrospectively? Unless that was a documentary I watched with Tom Cruise...

mitsy1

Hi guys,

im into motorsport myself not the pimp my ride style yoks but engine power etc. Back in 2007 i brought in a car from japan and had nothing but hassle from the guards (not because it had a loud exhaust) but because all "type" cars are generalised as the ones wakening up everyone in the middle of the night and they wanted to make a statement with the "new car" around town. I eventually got so fed up of being stopped by the guards that i brought it to the attention of both sergents and superintendents in the town that i live and where i worked. Since then i have not been stopped once. I always have had insurance, tax and NCT on all my vehicles.

In terms of db testing only certain traffic corps areas have the tester as i got mine tested but its how its used is the problem. There is a legal distance in which a guard should stand at the back of the exhaust. initially when they done it first it read 115db. My partner workson a machine reading 100db and requires ear muffs for that so how could a car read 115??? Anyway long story short it came in under the 77db limit that the irish law has adopted from the english law when tested properly.

I do know the gardai where i live are'nt afraid to penalise people with loud exhaust and i wouldnt be afraid to report either!

Carawaystick

amoebaassasin wrote: »

Hi - Just wondering if noise from these trash heaps is being monitored by the gardai and are they enforcing penalties if the noise level is exceeded? From what I can see/hear in Galway - definitely not. any thoughts?
Cheers AA

There is a defined method to measure the sound from an exhaust, it specifies the revs and speed and gearing.
Dropping a gear at the same speed will increase the sound, but may not breach any legal limits.

Given a small bit of research into the human hearing system, it'd be hard to see how subjective determinations of the loudness of sound would hold up.

Zantos1

amoebaassasin wrote: »

Hi - Just wondering if noise from these trash heaps is being monitored by the gardai and are they enforcing penalties if the noise level is exceeded? From what I can see/hear in Galway - definitely not. any thoughts?
Cheers AA

No the gardai don't give a flying **** and they would much prefer you do their job for them by taking the reg no of the bastard car and agreeing to point out the little neighbourhood disturbing brat to them. Probably agreeing to go to court about it too.

BuzzMcdonnell

Zantos1 wrote: »

No the gardai don't give a flying **** and they would much prefer you do their job for them by taking the reg no of the bastard car and agreeing to point out the little neighbourhood disturbing brat to them. Probably agreeing to go to court about it too.

That post is over 10 years old.