Vehicle noise

Before you approach the person responsible it's important to think about your personal safety. If you feel threatened by those responsible for the noise, or if you are worried that they may become aggressive, then approaching them may not be the best option for you.

If your approach is unsuccessful, or you do not feel it's appropriate, then you may make a complaint to us.

Please note: traffic noise is excluded from Part III of the Environmental Protection Act 1990. This means we have no direct responsibility in relation to noise from traffic.

Vehicle noise can include:

• car alarms
• model cars
• loudspeakers
• banger racing
• revving engines
• scrambling bikes
• mobile generators

Vehicle noise may be a form of antisocial behaviour (ASB). You can report noise ASB through MyDudley.

If making a complaint, we need to know as much information as possible about the noise. It will assist us if you keep a written record of the following information:

• a description of the noise
• how the noise is affecting you
• date and time the noise occurs, and its duration
• details of occupier of the premises (if applicable)
• name and address of the premises the noise is coming from (if applicable)

We will assess your complaint and decide if the matter is actionable or whether it needs to be referred to another agency. We will advise you accordingly and if your complaint can be dealt with by us you will be informed how the complaint will be investigated. If you have not done so already you may be asked to keep a record of the disturbances to enable an accurate assessment of the noise to be made. We may visit the area where the noise is occurring and contact the person responsible with a view to resolving the matter.

Informal action is usually successful in resolving noise complaints. In some cases we may have to resort to formal action, such as the serving of an abatement notice.

The notice will require the person responsible to take the necessary action to prevent the noise from continuing to cause a nuisance. A person on whom such a notice is served has a right of appeal to a magistrates court within 21 days of it being served. A breach of an abatement notice is an offence under the Environmental Protection Act 1990, and may result in the council taking legal action against those responsible.

The law controlling ice-cream van chimes (and others selling perishable food) is the same as that for noise in streets. Under normal circumstances, such vehicles are exempt from that legislation providing they are in compliance with a specific code of practice, 'Code of Practice on Noise from Ice-Cream Van Chimes Etc.' This specifically lists how loud and for how long a loud speaker may be used. It also restricts the use to certain times of day.

The Law

Under the Control of Pollution Act 1974, it is an offence to operate or permit the operation of any loudspeaker of the 'ice-cream van chimes' type in a street unless the following conditions are complied with:

1. the loudspeaker is operated only between the hours of 12 noon and 7pm
2. the loudspeaker is fixed to a vehicle which is being used for the conveyance of a perishable food for human consumption
3. the loudspeaker is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle
4. the loudspeaker is so operated as not to give reasonable cause for annoyance to persons in the vicinity

Code of Practice

The Code of Practice gives guidance on methods of minimising annoyance or disturbance caused by the operation of loudspeakers fixed to ice-cream vans and similar vehicles used to convey and sell perishable commodities for human consumption to the public. The code should however be taken as applying equally to any other sounds made by a loudspeaker fixed to a vehicle from which food is sold to the public in a street.

Do not sound chimes

1. for longer than 4 seconds at a time (use a cut out device)
2. more often than once every 3 minutes
3. when the vehicle is stationary
4. except on approach to a selling point
5. when in sight of another vehicle which is trading
6. when within 50 metres of schools (during school hours), hospitals, and places of worship (on Sundays and other recognised day of worship)
7. more often than once every 2 hours in the same length of street
8. louder than 80 dB(A) at 7.5 metres
9. as loudly in quiet areas or narrow streets as elsewhere

It is an offence under the Control of Pollution Act 1974 to sound chimes

1. before 12 noon and after 7pm
2. at any time in a way which gives reasonable cause of annoyance