What is the exhaust noise Rule?
The new Rule, due to come into effect on 1 June 2008, targets the noisiest cars on New Zealand’s roads. It sets a more stringent standard than car exhausts have previously had to meet in order to get their warrant or certificate of fitness. It also imposes a stringent noise standard for the exhausts of cars as they enter New Zealand after June 2008, if those exhausts have been modified.
Which vehicles does it apply to?
It will apply only to vehicles with modified exhausts. It will not apply to vehicles that still have their original or standard exhausts or vehicles with repaired exhausts. Unmodified vehicles are already addressed by existing controls.
What does “modified” mean?
Modified, in this context, means that the exhaust has been altered “to increase the vehicle’s exhaust noise output”.
The standard meaning of modify (from the Compliance Rule) is:
“Modify - in relation to a vehicle, means to change the vehicle from its original state by altering, substituting, adding or removing any structure, system, component or equipment; but does not include repair.”
“Repair - means to restore a damaged or worn vehicle, its structure, systems, components or equipment; and includes the replacement of damaged or worn structures, systems, components or equipment with equivalent undamaged or new structures, systems, components or equipment.”
What if the exhaust on my vehicle is naturally loud, even though it has not been modified?
If the exhaust on your vehicle which is already on the road, or which is being registered for the first time has not been modified, the new Rule will not apply to it.
My vehicle has been fitted with a “sports” exhaust – does that mean it is modified?
In all likelihood, yes. As explained in the definition of modified: if the noise output has been altered such that the exhaust is louder, it is deemed modified. The exhaust will only be compliant if it is “similar to” the original, or if it meets the metered tail-pipe test limit.
Why do we need the controls that come into effect on 1 June 2008?
Noise pollution from vehicles is increasingly becoming a problem in inner city areas throughout New Zealand. Certain elements of the motoring public intentionally modify their vehicles’ exhaust systems to produce unacceptable levels of noise. This is exacerbated by the fact that these vehicles are then driven noisily at the quieter times of day when they are the most noticeable.
The amendments to the Rule will help to eradicate the worst ‘noise polluters’. These vehicles are the ones that cause the most distress to local residents and businesses and the changes will by ensure that they comply with an acceptable standard for noise.
How much of a problem is overly-loud exhaust noise?
It’s been estimated that while about 50,000 modified cars in New Zealand are fitted with noticeably-modified exhausts, it is a much smaller group of these that cause annoyance on a regular basis by driving in an anti-social way.
These few can and do have an impact on a large number of people by choosing to drive noisily in residential areas, especially late at night, piercing the silence and disrupting sleep. This happens several nights of the week in many urban areas, including Christchurch and the Hutt Valley, in Wellington.
The problem of street racers is not just one of loud exhausts. It is anti-social behaviour.
In areas where their vehicles have been banned, the owners are reported to have begun to cause other problems, like vandalism and public drunkenness. It is a much wider problem that will need a multi-pronged approach. However, the new noise Rule and its additional penalty will at least diminish the noise pollution from exhausts and improve conditions for those people living in affected communities.
What happens at present (i.e. before 1 June 2008 when the new amendment Rule applies) with modified exhausts?
During a warrant or certificate of fitness inspection, any car with a modified exhaust has to undergo a noise test which is simply the WoF inspector listening to the sound the exhaust makes. The inspector will usually just depress the throttle a few times so that the noise at normal operating speeds can be heard. This test applies to all vehicles. If, in the opinion of the inspector, the exhaust noise is “noticeably and significantly louder” than the vehicle’s original exhaust would have made, the vehicle will fail its warrant or certificate of fitness.
The car’s owner will be told to repair the exhaust so it emits less noise and then they will need to return the vehicle to the inspector for another test. Only when the inspector is satisfied that the car’s exhaust is not “noticeably and significantly” louder than the original exhaust would have been is a warrant or certificate of fitness issued.
At present, a police officer can also decide whether a vehicle’s modified exhaust sounds “noticeably and significantly” louder than the vehicle’s original exhaust and send it for a warrant or certificate of fitness. Alternatively if the exhaust is significantly louder than the original system when driven normally, a $150 fine can be issued.
In neither case, does the warrant or certificate of fitness inspector or the police officer need to prove that a vehicle exhaust is too noisy. It is a “subjective” test based on their opinion.
Police can also issue an infringement notice with a $250 fine carrying 10 demerit points for operating a vehicle in a noisy manner. This offence is related to the way a vehicle is being operated and includes tyre noise and the volume of any stereo, as well as the exhaust noise. Factors taken into account include the likelihood of nuisance caused, the locality and time of day that the noise is created.
What is the metered (objective) noise test?
The metered test is where a microphone is placed half a metre from the vehicle’s tailpipe while the vehicle is stationary. The noise levels are measured from a steady engine speed (usually between 3000 and 4500 revolutions per minute (RPM) depending on vehicle and engine type) down to idle. The maximum decibel level during the measurement is recorded.
What will change with noisy vehicles after 1 June 2008?
After 1 June 2008, during a warrant or certificate of fitness, the noise of the modified exhaust will have to be, in the opinion of the inspector, “less than or similar to” the sound of the standard exhaust for that particular vehicle. The phrase “less than or similar to” replaces “noticeably and significantly” and shifts the onus for the inspector away from deciding what is significantly louder. This will make it tougher for a modified exhaust to pass the WoF or CoF test.
If the exhaust fails the new subjective test, the inspector will tell the owner to repair it or to have a metered (“objective”) noise test. The maximum decibel level during the measurement is recorded.
If the metered noise test shows that the car exhaust emits noise of 95 decibels or less, the car will get a certificate and a tamper-proof and temperature-resistant “pass” sticker will be applied to the exhaust. The owner can then return to the inspector and get a warrant or certificate of fitness, allowing the car to return to the road.
If the metered noise test shows that the car exhaust emits noise louder than 95 decibels, the car owner will have to repair the exhaust so it is 95 decibels or less.
Under the June 2008 noise Rule, a vehicle that has a modified exhaust system at the time it arrives in the country will also have to undergo a warrant or certificate of fitness test. If it is found to be too noisy by the inspector it will need to have a metered tail-pipe test and meet a new lower limit of 90 decibels.
Why do vehicles with modified exhausts entering the country have to meet a limit of 90 decibels but ones already here meet a limit of 95 decibels?
This is part of the Government’s plan to improve the cars in the New Zealand fleet over time. If cars coming into the country meet a standard of 90 decibels, eventually, as the newer vehicles dominate the fleet the overall noise levels will fall.
What is to stop street racers just modifying the exhausts of vehicles imported after June 2008 from 90 decibels to produce 95 decibels worth of noise?
This will always be possible and always has been. In practice many vehicle components that are subject to checks at WoF/CoF, like tyres and even suspension lowering components, are swapped over just to get a warrant or certificate of fitness. This is already illegal and it is the role of Police enforcement between WoF/CoF inspections to control this.
If a vehicle with a noisy exhaust is sent for a metered noise test, the Low Volume Vehicle Technical Association (LVVTA) certifiers, who carry out this test, will need to check which limit is applicable for the vehicle.
Why not set a limit of 90 decibels for all cars on our roads, not just those coming into the country?
A limit of 90 decibels would have penalised a much larger group of vehicle owners, who do not cause noise problems
Likewise, there are some high performance cars, like Porsches and Ferraris, which have naturally loud exhausts, especially at high RPM. These cars, in standard form, do meet the drive-by noise limits so are acceptable. They are rarely driven in such a way as to be a nuisance.
There are classic cars that were built to either higher noise limits or more likely, no limit. These would be affected if the noise limit for all cars already in the country was lowered to 90 decibels. There are also issues for uncommon and rare vehicles, as it may be difficult for an inspector to judge whether the exhaust is modified and what the original vehicle sounded like. That would unfairly penalise these owners, who are in general not the ones causing the noise problems in residential areas.
It is the car owners who deliberately modify their exhausts to be much louder and then drive their vehicles noisily at unsocial times of day and night through residential areas that create the noise problem, and they are the ones the new rule is targeting.
Why not match the decibel limits set overseas, especially Australia?
We have researched limits in many overseas countries and these limits have been taken into account. Australia currently has the lowest limit that the Ministry is aware of with a stationary test limit of 90dBA.
However, Australia is now moving away from the blanket 90dBA limit to a different approach called signature noise testing where each vehicle must remain within 3dB of its original noise level. This compares with New Zealand’s in-service requirement of ‘less than or similar to’.
New Zealand cannot be compared with Australia because:
Our used vehicle fleet is comprised predominantly of vehicles from Japan, where the tail-pipe test limit for modified vehicles that could legally have been imported into New Zealand (but not Australia) is 96dBA
Australia does not have the benefit of regular in-service inspections that NZ does.
Can a WoF or CoF inspector carry out a metered noise test?
Inspectors may use a noise meter as guidance in their judgement, but they will not be able to perform an accurate metered noise test. The certified metered noise test is carried out at Low Volume Vehicle certifiers at twenty-seven locations throughout the country. The warrant or certificate of fitness inspector will be able to tell the vehicle owner where the nearest one is.
How much does a metered noise test cost?
Each metered noise test costs approximately $150.
Is this the last piece of legislation about exhaust noise?
No, this is a transitional policy and the Government has recently announced an addition to the June 2008 exhaust noise Rule which will affect those who breach the 95 decibel limit. Click here to view the Questions and Answers.
My muffler has been replaced at my local exhaust garage, do I have to take a metered test?
Usually a replacement of a muffler or exhaust system is classed as a repair, as the noise output will be similar to the original when it was in good condition. In this case, no metered test is necessary. If the replacement muffler increases the noise output so that it is not similar to original, then at next warrant of fitness, or on-road enforcement check, you may be required to take a metered test to confirm that it is below the appropriate decibel limit.
The muffler shop has a duty to ensure that the muffler is fit for purpose and this includes compliance with warrant of fitness standards. They should ensure that the muffler noise is similar to original; if not they should ensure that the replacement meets the appropriate decibel limit and that a metered test may be required for the next warrant of fitness, at a cost to the vehicle owner.
My car is a Japanese used import and has had a replacement muffler fitted. The muffler was on the vehicle when I bought it but I didn’t replace it and I don’t know if it was done here in New Zealand or in Japan. How will I know if it is “modified” or “repaired”?
It is the assessment of the vehicle inspector at warrant of fitness whether the exhaust is modified or repaired, based on the noise output compared with when the vehicle was manufactured. Each warrant of fitness on the vehicle includes an assessment of exhaust noise and a pass indicates that the noise was not noticeably and significantly louder than when new.
From 1 June the inspection assessment criteria will be tightened, so if the noise output is not similar to when new, it is possible that your vehicle could be sent for a metered test or need to be altered to reduce the noise levels.
If the vehicle met Japanese standards (96 decibels) then it will most likely be able to meet the New Zealand stationary tail-pipe test limit (95 decibels), as the decibel limits are very similar.
When will the Rule changes come into force?
The Rule will come into force by June 2008 at the latest. The timing allows for training of vehicle inspectors to implement the revised subjective test at warrant of fitness and certificate of fitness.
How can I get a copy of the Rule?
All final Land Transport Rules are available on the Land Transport NZ website at www.landtransport.govt.nz/rules. Printed copies can be purchased at selected bookshops throughout New Zealand that sell government legislation, or direct from the Rule printers, Wickliffe Limited, PO Box 932, Dunedin or telephone (06) 358 8231
You can download the Low Volume Vehicle Standard 90-20 (Exhaust Noise Emissions) from the Low Volume Vehicle Technical Association website at www.lvvta.org.nz
How can I obtain more information about the Rule amendment?
Further information about the Rule amendment can be obtained by telephoning the Land Transport NZ Contact Centre on freephone 0800 699 000. There is also information on the Land Transport NZ and Ministry of Transport websites:
www.landtransport.govt.nz