ST. JOHN'S, N.L. — During the regular meeting of St. John’s city council on Monday, the sound of a noisy vehicle driving by city hall could be heard over Coun. Deanne Stapleton as she spoke.
Coun. Debbie Hanlon shook her head in disapproval of the noise.
The moment highlighted a resolution council made earlier in the meeting to do more about excessively loud vehicles in the city.
Deputy Mayor Sheilagh O’Leary proposed a resolution that was unanimously passed by council.
Her resolution was about the effect of noise on people’s health and peaceful enjoyment.
O’Leary mentioned the citizen group Pipe Down NL, which was formed to appeal to the province to change or apply the legislation under the Highway Traffic Act as it relates to after-market exhaust pipes.
She said other jurisdictions in Canada use sound-level meters to measure noise generated by vehicles to issue tickets or fines.
The resolution council passed was to continue to lobby the province to ensure enforcement of parts of the Highway Traffic Act which prohibit modifications to vehicle exhaust systems that increase noise.
Council also resolved to lobby the province to ensure adequate resources, such as technology and staffing, are funded to allow enforcement agencies to effectively apply the legislation that already exists prohibiting excessively loud vehicles.
O’Leary said her resolution came as a result of a presentation by Pipe Down NL to the Northeast Avalon Joint Council in which the group asked communities to lobby the province to ensure the issue of excessively noisy vehicles gets tackled once and for all.
“We’ve been dealing with this issue since I came on council at least in 2009, and it seems every year it gets a bit more intense in terms of the complaints that we get,” said Mayor Danny Breen.
He said about two months ago he met with the Royal Newfoundland Constabulary (RNC), Service NL Minister Sarah Stoodley and others, and during that meeting it was indicated Service NL would make legislative changes to improve enforcement and give police the tools they need to do that.
“I think that it’s something that we need to continue to be vigilant with in encouraging, and making sure that that’s followed through on, because this is a major issue in the city,” said Breen.
City lacks authority
Coun. Shawn Skinner said he was contacted by people from all over the city during the Ward 2 byelection asking why the city can’t ticket loud vehicles like it tickets parking infractions.
City solicitor Cheryl Mullett said the city doesn’t have legal authority under the Highway Traffic Act to prosecute and enforce moving violations. Because the city doesn’t have that authority, it also doesn’t have resources that would allow the training and skills required to properly enforce moving violations.
Hanlon said it’s frustrating when you know something has to be done, but you don’t have the authority to do it. She said loud vehicles disturbing residents has been an ongoing issue since she joined council in 2008.
“It’s almost like beating your head against a wall to try to get some resolution,” said Hanlon.
“If this continues … I think we could explore the possibility of taking a more aggressive approach.”
Hanlon suggested the possibility of not letting vehicles drive on certain streets where noise is particularly problematic, such as Signal Hill and Water Street.
Provincial action
Meanwhile on Monday, Stoodley made a statement in the House of Assembly about the issue.
She said regulations under the Highway Traffic Act pertaining to excessive exhaust noise apply to all vehicles, including motorcycles.
The act specifies that all vehicles are required to be equipped with an exhaust system consisting of pipes or chambers that ensure exhaust gases are cooled and expelled without excessive noise. It also prohibits the use of a vehicle with a muffler that is cut out, defective or disconnected; has a baffle plate or other part removed; has the exhaust outlet opened or widened; or has a device attached that increases noise.
Stoodley said a partnership with the RNC and her department allowed for training of police officers to help them determine when an exhaust has been modified.
“We also updated the Official Inspection Station Manual to include motorcycle inspections, allowing law enforcement to direct the operator of a motorcycle to have an inspection completed when they suspect that it does not meet road safety requirements, including exhaust systems,” said Stoodley.
She said her department will also make highway enforcement officers available to assist with inspections during future RNC-led enforcement initiatives.
Juanita Mercer is the municipal reporter for The Telegram