Robust legislation is in place in Ireland to regulate against the improper maintenance and upkeep of vehicle exhaust systems. The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 (SI 190 of 1963) require vehicles to be fitted with a silencer or other device suitable for reducing to a reasonable level noise caused by the escape of exhaust gases from the engine and they prohibit use of a vehicle that causes any excessive noise in a public place.
Under Section 29 of the Regulations, all combustion engine vehicles must be fitted with an exhaust silencer or other suitable device for reducing, to a reasonable level, the noise caused by the exhaust gases from the engine. In addition, Section 34(2)(e) of the same Regulations states that such silencers must be properly maintained in good and efficient working order. Section 85(1)(a) states that a person shall not use, or permit to be used, a vehicle that causes excessive noise as a result of defect, lack of repair or adjustment of the vehicle or any of its equipment.
Limits for exhaust noise are set down as part of the EU type-approval system for motor vehicles under Regulation (EU) 2018/858 (and related regulations for specific components). New cars are required to meet Europe-wide noise limits under Regulation 540/2014 (EU). These limits are variable, depending on the type of vehicle, but have been progressively reduced from 82 decibels (dB) in 1978 to 72 dB established in 2016. Incremental decreases will bring the the limit for most new passenger cars to 68 dB by 2026. Cars may also be approved under regulation 51 of the Economic Commission for Europe of the United Nations (UNECE) , under which similar limits apply.
The National Car Test (NCT) includes an assessment of the effectiveness of the silencer in reducing exhaust-related noise. A 99dB noise limit is advised in the NCT Tester Manual , accounting for older cars still present in the fleet. However, a noise test is carried out during the NCT where vehicle exhaust noise is excessive.
Enforcement of noise pollution, as with all road traffic legislation, is a matter for An Garda Síochána. The Gardaí are empowered to stop cars with removed or faulty silencers and penalties apply under the Road Traffic Acts. This does not include the power to seize a vehicle. However, legislation is in place providing alternatives to the specific action of seizure with applicable penalties. The penalty on conviction is a fine which, depending if there have been previous similar convictions, may not exceed €2,000 and/or, at the discretion of the court, imprisonment for a term not exceeding three months.
Officials from my Department meet regularly with An Garda Síochána to discuss matters of road safety and noise pollution legislation has been raised in that context. An Garda Síochána has committed to further consider the matters raised.
