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HGV in private estate - revving -early morning ?

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    #32
    Momof2
    Registered Users Posts: 7 ✭Momof2


    Thanks all for the replies.

    The estate is a private estate, after it was built the council offered to take it over, the residents at the time decided to keep it private. So it means that any issues has to go through the residents commitee. We look after public areas, like grass etc, the only thing the council look after is the lighting. I have confirmed this with the Council.

    As the years went by, the residents changed, many now are renters. The head of the committee is friends with the next door neighbour, I have since discovered today that the next door neighbours wife minds the head of committee kids during the day. They are all very pally. I did mention it before to the committee about the truck and nothing happened, in fact he reved it more ! At one particular meeting the meeting ended up being spoken in polish as the majority that were there were polish. Next door neighbour has family living in approx 3 other houses here.

    I have tons of footage, video, sound, time logs. I have videoed him reving the truck and I have videos when he leaves it running. He turns on the engine and goes back inside the house for up to 15 /20mins, then gets in, revs it a few times and drives off. The engine is really loud, while ear plugs may work for me they won't for my kids. The truck is right outside their window. Our house is triple glazed and our vents are closed. We can still hear it no matter where in the house you are.

    I have tried speaking to him, he says "Me not understand" "Lorry cold". I have put letters in polish through his letter box and still nothing. I have stood right beside his cab and videoed him in my nightclothes, he just revs it and then drives off. He doesn't care, he is very intimidating. Just stares kind of laughing. My husband has gone out lots of times too, however many mornings he is gone before the truck starts up.

    I will have a look through the links posted and see if I can come up with a plan. The company name and number is printed on the cab door so I can start there by ringing them.

    It just doesn't seem to be a black and white issue. The council were a bit confused as to the legalities. I may just pop into the guarda station and see. If not I might just stab his tyres out !!! (((Joking)))

    Thanks again


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    #33
    coylemj
    Registered Users Posts: 25,327 ✭✭✭✭coylemj


    28064212 wrote: »
    But the specific legislation being discussed is S87 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, which specifies public road

    Accepted. Based on the OP's last post (#32 above), it definitely is not a public road...
    Momof2 wrote: »
    The estate is a private estate, after it was built the council offered to take it over, the residents at the time decided to keep it private.


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    #34
    BorneTobyWilde
    Registered Users Posts: 35,634 ✭✭✭✭BorneTobyWilde


    Must be a loud truck for you to hear in in your house, it would want to be parked a foot from your window to hear it.
    All seems too far fetched to me.


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    #35
    daheff
    Registered Users Posts: 5,834 ✭✭✭daheff


    BorneTobyWilde wrote: »
    Must be a loud truck for you to hear in in your house, it would want to be parked a foot from your window to hear it.
    All seems too far fetched to me.

    dirty old diesel truck would be quite loud....not so far fetched.

    some estates literally have a footpath between house and road.


    Are there any laws around making undue noise at unsociable hours....like you cannot operate construction machinery outside x hours that this situation might fall under?


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    #36
    Goodigal
    Registered Users Posts: 455 ✭✭Goodigal


    You could try taking a Sect 108 under the Environmental Protection Agency Act 1992 for noise nuisance. Explain to a district court judge how negatively this is affecting your home, family, health etc. Ordinarily it doesn't cover vehicle noise as such, but from what you have described, the noise is happening at such regular times to give rise to a nuisance and the cab is stationary at the time of the noise.


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    #37
    coylemj
    Registered Users Posts: 25,327 ✭✭✭✭coylemj


    As I understand it, local councils can (and do) dictate the earliest time of the day that refuse trucks can operate in housing estates and public streets. Is this simply a condition of the refuse collection licence, or is there a general regulation on noise and time of day that could be invoked in the OP's case?


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    #38
    BorneTobyWilde
    Registered Users Posts: 35,634 ✭✭✭✭BorneTobyWilde


    The complaint needs to be about parking, One can't just park a truck in a housing estate. Owner drivers need their own yard, its part of the conditions to have a haulage license. Even if it's not an owner driver, same applies to who ever owns it, suppose to be parked in a suitable place.


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    #39
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    coylemj wrote: »
    Accepted. Based on the OP's last post (#32 above), it definitely is not a public road...

    It is definitely a public place.


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    #40
    Truckermal
    Registered Users Posts: 6,048 ✭✭✭Truckermal


    daheff wrote: »
    dirty old diesel truck would be quite loud....not so far fetched.

    some estates literally have a footpath between house and road.


    Are there any laws around making undue noise at unsociable hours....like you cannot operate construction machinery outside x hours that this situation might fall under?

    Some trucks are much louder than other's especially V8 engines. Anyway going back to the OP this guy seems like a Ahole as idling like that is a waste of time and fuel. The engine will not heat up sufficiently until it's actually driving for a few minutes.

    I drive for a living and whilst living in the sticks I am gone quietly after 2 minutes, idling like that is really taking the mick.

    My first port of call is the employer diesel is dear enough without wasting it like that..


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    #41
    Tacitus Kilgore
    Registered Users Posts: 2,128 ✭✭✭Tacitus Kilgore


    Someone buy the man a night heater ffs, chinese ones out there for €140 and come with a remote so he could be warming it from his bed long before he goes out to leave.


    He seems like a dick


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    #42
    coylemj
    Registered Users Posts: 25,327 ✭✭✭✭coylemj


    Claw Hammer wrote: »
    It is definitely a public place.

    It is. And I made the same point earlier. But the conversation that you quoted from concerns regulations which apply only on a public road. See posts #29 & #30.


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    #43
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    Does he own the property or is he renting? If he's renting, contact the owner and make a complaint of anti-social behaviour.


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    #44
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Jayda Tangy Posy wrote: »
    GM228 wrote: »
    Jayda Tangy Posy wrote: »
    Salary Negotiator wrote: »
    Depends on the situation. Link
    GM228 wrote: »
    It is when left unattended, but only applies to a public road as opposed to a public place so does not apply in a private estate.

    It is an offence to do so as per S87 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 as already linked to in the previous post

    Reading the legislation, and Section 31 in particular, it seems to only apply if idling while unattended and unlocked.

    Any vehicle on a public road should by law be locked when unattended, but locking it does not subsequently allow you to leave the engine running also.

    The SI seems to disagree with you.

    Re-read S87:-
    87. (1) Where a vehicle as allowed to remain stationary on a public road, the driver shall not, subject to sub-article (2) of this article, leave the vehicle unattended unless—

    (a) the engine of the vehicle is not running,

    (b) where the engine is contained in a separate portion of the vehicle capable of being closed, such portion is closed, and

    (c) where the vehicle is fitted under article 31 of these Regulations with a door or doors capable of being locked or with a device for preventing unauthorised driving, such door, doors or device is or are locked so as to prevent the vehicle being driven, and, where appropriate, the key of the door, doors or device is removed from the vehicle.

    (2) Sub-article (1) of this article shall not apply to a fire brigade vehicle, the engine of which is being used for any fire fighting or rescue purpose.

    It gives three conditions which must be met when a vehicle is left unattended, they are all a requirement, satisfying only one part of the section does not negate the requirements of the rest of the section.

    It says you must do (a), (b) and (c), not you must only do (a) if you don't do (c).


    Tabnabs wrote: »
    OP, we had a similar problem with a neighbour parking a large commercial vehicle on our road.

    I got onto the local council and they sent the garda's out to have a quiet word and the truck has never reappeared. It is illegal in some Council areas, so check again.


    http://www.sdublincoco.ie/Media/Item/14133?p=89

    Such restrictions under S38 only apply if specific prohibition on parking signs are provided relating to HGVs.


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    #45
    Bikerman2019
    Closed Accounts Posts: 992 ✭✭✭Bikerman2019


    There is also the possibility that he is not actually heating up the truck. Dont some heavy vehicles have air brakes that need to be pressureised to RELEASE the brakes.


    If so, he has to do this otherwise he wont go anywhere.


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    #46
    Truckermal
    Registered Users Posts: 6,048 ✭✭✭Truckermal


    Bikerman2019 wrote: »
    There is also the possibility that he is not actually heating up the truck. Dont some heavy vehicles have air brakes that need to be pressureised to RELEASE the brakes.


    If so, he has to do this otherwise he wont go anywhere.

    That only takes 1 minute for a Tractor unit/Cab not 15 minutes.


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    #47
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Truckermal wrote: »
    That only takes 1 minute for a Tractor unit/Cab not 15 minutes.

    It really depends on the truck though and more importantly the condition of the compressor and associated systems, some can take a lot longer than normal, there could be system leakage, inadequate compressor size, an air-dryer purge valve stuck open or a defective unloader mechanism and/or governor for example.


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    #48
    rizzodun
    Registered Users Posts: 2,598 ✭✭✭rizzodun


    GM228 wrote: »
    It really depends on the truck though and more importantly the condition of the compressor and associated systems, some can take a lot longer than normal, there could be system leakage, inadequate compressor size, an air-dryer purge valve stuck open or a defective unloader mechanism and/or governor for example.

    If it takes 15 minutes for that trucks braking system to be operational that truck should not be on the road.
    It's not the brakes.


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    #49
    hopeso
    Registered Users Posts: 1,400 ✭✭✭hopeso


    BorneTobyWilde wrote: »
    The complaint needs to be about parking, One can't just park a truck in a housing estate. Owner drivers need their own yard, its part of the conditions to have a haulage license. Even if it's not an owner driver, same applies to who ever owns it, suppose to be parked in a suitable place.

    This is correct, and well worth following up. Certainly worth saying it to the company who own the truck if you phone them. They’ll know they are operating outside the rules by letting him park at home, and they won’t want you taking it further........


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    #50
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    hopeso wrote: »
    BorneTobyWilde wrote: »
    The complaint needs to be about parking, One can't just park a truck in a housing estate. Owner drivers need their own yard, its part of the conditions to have a haulage license. Even if it's not an owner driver, same applies to who ever owns it, suppose to be parked in a suitable place.

    This is correct, and well worth following up. Certainly worth saying it to the company who own the truck if you phone them. They’ll know they are operating outside the rules by letting him park at home, and they won’t want you taking it further........

    It could be an own account work truck meaning no licence required.


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    #51
    20Wheel
    Registered Users Posts: 728 ✭✭✭20Wheel


    Buy a junker. Tax it. Park it in the space.

    Putin is a dictator. Putin should face justice at the Hague. All good Russians should work to depose Putin. Russias war in Ukraine is illegal and morally wrong.



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    #52
    kennethsmyth
    Registered Users Posts: 1,179 ✭✭✭kennethsmyth


    Write a preemptive letter of possible legal action to the residents committee, giving them time to enforce. If they do nothing or do not acknowledge then proceed with legal action against them and your neighbour. Sometimes you need to face full on and dont bluff. The fact the last part of the meeting was in polish instead of english is ridiculous, they either need to translate to polish or only use english, anything could of been said or passed in that meeting, it couldnt of been considered a correct agm.


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