‘Blanket ban’ on altered exhausts unfair, says local vehicle specialist

It comes as the Home Affairs and Environment & Infrastructure committees put forward proposals aiming to address excessively noisy vehicles.

James Larbalestier, owner of JL Innovation Ltd, has said the plans – which if passed will see the authorities having to show that an exhaust on a car or motorbike was altered to prosecute someone, rather than having to prove the noise was ‘excessive’ – would mean people with ‘loud, obnoxious’ exhausts, such as the type found on supercars, would avoid prosecution so long as their car had its exhaust from the factory.

‘Anyone who makes any change to their exhaust, or perhaps has one built for their classic car or bike, is at risk of a criminal conviction, even if the new exhaust is only slightly louder and not excessive,’ he said.

The plans are set to be debated in the States this week.

In Guernsey it is already a requirement that every motor vehicle must be constructed and maintained so as not to give rise to excessive noise.

But the phrase ‘excessive noise’ has no definition, meaning currently the test is subjective, making prosecution difficult.

Mr Larbalestier said he supported the need to address excessively noisy vehicles on the road, but a ‘blanket ban’ on exhausts considered to be louder than a vehicle’s factory-fitted exhaust risked punishing responsible vehicle owners, as well as small businesses and classic vehicle enthusiasts.

‘[The proposals] fail to consider real-world scenarios, such as vehicles and motorcycles for which original exhausts are no longer available, vehicles built before noise standards were introduced, or modified vehicles using well-engineered, road-legal exhaust systems that aren’t causing any public nuisance,’ he said.

‘They also unfairly target those who cannot afford expensive high-performance cars – which are often louder as standard – while denying them the right to make modest, safe improvements to their own vehicles.’

He added the plans made no exception for existing vehicles and exhaust systems, meaning all car and motorbike owners who had a non-standard exhaust system of any form on their vehicle would find it illegal to use overnight.

‘My company is the only exhaust builder on the island, and we weren’t consulted on the plans,’ he said.

Instead, Mr Larbalestier said he would like to see a decibel sound limit implemented, whereby the authorities could issue Vehicle Defect Rectification Scheme tickets to vehicles suspected of being excessively loud.

Such vehicles could then be tested using noise camera technology, as in the UK.

‘This would provide a level playing field for all road users and enable law enforcement to take action only where necessary, using well-established, reliable testing methods already in use worldwide.’

E&I has proposed to undertake a decibel-testing trial, which would gather data on vehicle noise emissions to inform whether further remedies – specifically a decibel limit or limits – were necessary, and if so, what measures would be proportionate and deliverable.

The local trial data could be collected using handheld devices.

Other locations already have limits, such as the EU, where most passenger cars are limited to 72dB.