# law re boy racers



## PooAshes (8 Apr 2010)

When the garda are notified about a boy racer and they say they will pass it on to mobile patrol car, what happens if the garda car does not meet the boy racer?

Gardai told me they have to hear the noise or i have to make a statement. Can they not call to the owner and tell him there has been a complaint? If not then say if someone assaults another with no witness except the victim can they call to the accused?

Also what exactly constitutes a statement? If i write to the super and give the reg and date/time do the garda have the authority to then follow it up. Is that a statement.

Do the local authorities have power to deal with boy racers under environmental laws?


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## AlbacoreA (9 Apr 2010)

I assume you mean someone with a loud exhaust? Noise being the problem not racing?


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## PooAshes (9 Apr 2010)

AlbacoreA said:


> I assume you mean someone with a loud exhaust? *Noise being the problem* not racing?


Yes


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## Boyd (9 Apr 2010)

How loud is loud, and at what time?


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## PooAshes (9 Apr 2010)

The question is what is the law re the garda following up a complaint


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## fizzelina (12 Apr 2010)

PooAshes said:


> If i write to the super and give the reg and date/time do the garda have the authority to then follow it up. Is that a statement.


 
If you mean that the car was loud and not speeding then what road traffic act allows the guards to prosecute for loudness? A statement is taken on official Garda paper, by a Guard with you present, they would usually call you into the station to give it, based on your initial complaint. Of course your complaint would need to be legitimate and something they could prosecute the driver on under road traffic act. I doubt Loudness falls under this.


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## bond-007 (12 Apr 2010)

The Garda must witness the offence in this case. Heresay is no use.


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## Complainer (12 Apr 2010)

bond-007 said:


> The Garda must witness the offence in this case. Heresay is no use.


A witness statement is not heresay. It is a statement by a witness of what they saw/heard. What is different about noise problems that requires the Garda to witness it personally.


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## bond-007 (12 Apr 2010)

Noise is the responsibility of a council to enforce. 

A good solicitor will tear a lay witness to shreds in this situation. How is a lay witness qualified to say something is noisy? A Garda can impound the vehicle and have noise measurements carried out.


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## PooAshes (12 Apr 2010)

bond-007 said:


> Noise is the responsibility of a council to enforce.
> 
> 
> 
> ...


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## bond-007 (12 Apr 2010)

A Garda can prosecute a driver for a loud exhaust. But he must observe it.

The council can also prosecute noise creators also. Noisy neighbours are the councils remit.


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## PooAshes (12 Apr 2010)

bond-007 said:


> A Garda can prosecute a driver for a loud exhaust. But he must observe it..


Why does he have to observe it? If someone assaults another does the garda have to observe it before approaching the person who carried out the assaut? If there is a difference they why is this? Is itbecasuse one is road traffic act and the other is, what, criminal law?Thanks


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## bond-007 (12 Apr 2010)

Try and prosecute someone for speeding from the word of a lay witness without evidence from an approved device and see how far that goes. 

Simply a Garda needs the noise levels measured. He can do that and his evidence will be accepted. If a local Ned Flanders makes a statement that a car is noisy that is not enough without noise measurements being carried out. A defence solicitor would see off any such case easily.


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## PooAshes (12 Apr 2010)

bond-007 said:


> Try and prosecute someone for speeding from the word of a lay witness without evidence from an approved device and see how far that goes.
> 
> Simply a Garda needs the noise levels measured. He can do that and his evidence will be accepted. If a local Ned Flanders makes a statement that a car is noisy that is not enough without noise measurements being carried out. A defence solicitor would see off any such case easily.


But if Ned Flanders complains can the garda not go to the boy racers house and check the noise? My question is do the garda have the power to go to the boy racers house and check the noise? Thanks


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## bond-007 (12 Apr 2010)

They most certainly can and in practice that is what they do. They will most likely have some noise measuring equipment and if they don't they can enlist the help of the local council.


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## PooAshes (12 Apr 2010)

bond-007 said:


> They most certainly can and in practice that is what they do. They will most likely have some noise measuring equipment and if they don't they can enlist the help of the local council.


 Well they told me they cannot call to house and must witness it.Do you know what law, what section empowers them to call to house? Thanks


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## galway. (12 Apr 2010)

any garda can call to any house to chat to anyperson, they may get no responce so the garda would have to wait to see him when driving then,


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## PooAshes (12 Apr 2010)

galway. said:


> any garda can call to any house to chat to anyperson, they may get no responce so the garda would have to wait to see him when driving then,


That is not what they told me.


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## bond-007 (12 Apr 2010)

They don't want to help you. I would ask to speak to the local superintendent.


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## galwaytt (15 Apr 2010)

bond-007 said:


> They most certainly can and in practice that is what they do. They will most likely have some noise measuring equipment and if they don't they can enlist the help of the local council.


 
Pulp fiction, that one I'm afraid.

The problem is, that 'noisy' is subjective, not objective. And if the 'boy racer' has an E-marked, TuV or BS AU 192 stamped exhaust, and it's not patently defective, then frankly, whether you think it's 'noisy' or not, is moot, as it is 100% legal.

Then there's the little issue of sound measuring: for a start, the EU mandated noise test requires the vehicle to be tested in a controlled environment, at a particular engine rpm, in a particular gear, and the test equipment is placed (all from memory, mind.....) at 10m to the vehicle path, at right angles to it. Then you can measure it. Having a Garda stand at the back of a car with a meter bought in Maplins is completely pointless.

And of course, the real issue that's bugging you isn't actually noise (dB) - it's the frequency of it (Hz). And that - tada - there is no legislation for.
Frequency is why you hate the noise of strimmers.........but like the rumble of your grandad's old Harley. Both can both pass the noise test, but only 1 will you be happy to sit beside....

No prizes for guessing which one I have


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## PooAshes (22 Apr 2010)

in my first post i wrote:





> Can they not call to the owner and tell him there has been a complaint?


i have now found out they can and will be complaining the cops who told me wrong


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## Marigold77 (15 Aug 2012)

We had one of these used to roar past the house each night. He was actually a rally driver practising , on a single track lane. A call to the Garda was enough to get him stopped.  Simply a complaint.


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