Sound is essential – noise is not
ERA has promised neighbourhood noise regulation. We're still waiting
Quite often, sound and noise are thought as being the same thing. Sound plays a crucial role in our daily lives in various ways. It is essential for communication, to alert us to dangers, in the learning process, for relaxation and to enhance our health and well-being. On the other hand, noise is unwanted sound mostly created by human activities and is harmful to health.
When noise, which is less than 70 decibels, interferes with concentration, communication or rest, it can have adverse health effects leading to a deterioration in quality of life. Dining with family or friends is not just about the food but also about the ambiance and the overall atmosphere. A loud voice is not convivial to a relaxed atmosphere.
In terms of the burden on health, environmental noise is second only to air pollution, according to the World Health Organisation. The European Commission underlines that environmental noise is a major environmental health concern in Europe. It is caused by various sources including road, rail and airport traffic and industry. Noise from construction, leisure, fireworks, social activities and the neighbours is excluded.
Two directives were enacted by the European Commission for the management and reduction of noise from transportation and the environment. The scope of the first directive in 1970 was to limit sound value from motor vehicles’ exhaust system emissions. The exhaust sound level limit for passengers’ vehicles was set at 74 decibels.
The scope of the second directive in 2002 was the management and reduction of environment noise. The noise sources were from road and rail vehicles and infrastructure,
aircraft, outdoor and industrial equipment and mobile machinery. Nevertheless, this directive does not set noise targets or limit values, leaving it up to member states to establish binding national limits if they so wish.
The European Court of Auditors, in its report, considers that the lack of EU noise reduction targets disincentivises member states from prioritising actions to reduce noise pollution.
The Court of Auditors noticed that the END reporting thresholds require measurement of exposure to noise levels starting at 55 decibels during the day and 50 decibels during the night, levels that are less stringent than the WHO’s recommendations on noise exposure limits. This means that the commission’s assessment, which is based on the END thresholds, takes into consideration only part of the population exposed to harmful noise levels.
Two regulations were enacted relating to the vehicles’ exhaust sound level. The objective of the first regulation, enacted in 2013, was on the replacement of the silencing systems and the exhaust sound level of motorcycles. The exhaust sound limit for two-wheelers was set at 80 decibels.
The objective of the second regulation, enacted in 2014, was on the sound level of motor vehicles and the replacement of the silencing systems. The exhaust sound limit for passenger vehicles is set at 68 decibels. But this regulation is binding for motor vehicles placed on the market after 2016.
Noise is harmful to health- John Fenech
The number of passenger cars in Malta at the end of 2016 was 282,933 or 78 per cent of the rolling stock. How many of these would pass the exhaust sound limit laid down by the EU Regulation-68 decibels?
On the other hand, few would fail the local VRT sound emission test, which is set between 100 and 105 decibels for petrol- or diesel-driven engines. The exhaust sound limit for motorcycle is set at 119 decibels.
If the authorities are aware of this dilemma, what is keeping the legislator from amending the regulations to be in line with the EU regulation?
How do the local authorities manage noise nuisance complaints? Ambient noise is not considered a hazard to the health and well-being but a nuisance. Noise is assessed subjectively. How loud is too loud? The regulations are reactive, any response is after a breach in compliance occurs.
Besides, the regulatory authorities are off-duty during the peak time noise in the neighbourhood; noise from several sources during the evening and night such as loud music, loud voices, rowdy revellers, traffic and boat parties.
The noise legislation includes three important pieces of legislation: The Malta Police Act, Code of Police Laws and Criminal Code.
These regulations outline the procedure for addressing noise nuisance, preferably through a just-in-time solution or, when necessary, through the due process of the law.
Complaints must be reported in-person at the police station and investigations are dependent on the workload. If the noise nuisance persists, the case must be taken to court. The time taken for cases to be heard at court is considerable. In the meantime, the victim remains exposed to noise nuisance and is left apprehensive about whether the ruling will grant them the right to quiet enjoyment of their property.
In the overview of critical noise values for the European region, the Interest Group on Traffic Noise Abatement reported, in October 2019, that at least 26 European countries, excluding Malta, have some form of target or noise limit values.
According to the report’s fact sheet, the ERA stated: “Malta will be issuing legislation regulating neighbourhood noise in the near future.” However, despite the ERA’s assurances, no tangible progress has been made in implementing such legislation in Malta.
John Fenech is chairperson of the Noise Abatement Society.