engine brake noise draft regulatory impact statement

36 Pages·2006·0.17 MB·English

ENGINE BRAKE NOISE
DRAFT REGULATORY IMPACT
STATEMENT

June 2006
Prepared by
National Transport Commission and NSW Roads and Traffic Authority
National Transport Commission
Engine Brake Noise – Draft Regulatory Impact Statement

Report Prepared by: National Transport Commission And NSW Roads And Traffic
Authority

ISBN:
REPORT OUTLINE
Date: June 2006
ISBN:
Title: Engine Brake Noise – Draft Regulatory Impact
Statement
Address: National Transport Commission
Level 15/628 Bourke Street
MELBOURNE VIC 3000
E-mail: [email protected]
Website: www.ntc.gov.au
Type of report: Draft Regulatory Impact Statement
Objectives: To provide an analysis of the engine brake noise
regulation.
NTC Programs: Environment
Key Milestones: Submission of the final proposal to the Australian
Transport Council by December 2006.
Abstract: This draft Regulatory Impact Statement outlines the
benefits and costs of adopting a proposal to address
engine brake noise. The document discusses
background information on the problem of noisy
engine brakes, the research undertaken into engine
brake noise, and safety and operational considerations
in the use of engine brakes. Alternatives to the
proposal for reducing the impact of engine brake
noise are also presented.
Purpose: For public consultation.
Key words: engine brake noise, muffler.
Comments by: 4 August 2006

HOW TO MAKE A SUBMISSION TO THE NTC
The NTC invites interested people and organisations to make a written submission on this report.
Who Can Make a Submission?
Any person or organisation can make a submission to the NTC. There is no restriction, eg
individuals, community groups, private organisations and representatives of government
departments and agencies.
Structure of submissions
There is no set format for how submissions are presented. Participants may comment on
any matter they consider relevant. However it would be helpful if comments addressed the
issues raised in the report. Where possible, you should provide evidence, such as data and
documentation, to support your views.
If you are representing an organisation, please indicate your position in your organisation,
and if relevant, specify at what level the submission has been authorised (branch,
executive, president, sub-committee, executive committee, national body).
Online Submission Process
Online submissions are preferred. To make an online submission, select a Report Issued
for Comment on the NTC homepage (www.ntc.gov.au)
Select the Name of the NTC representative in the New Comments To column of the Report
Issued for Comment table. Enter your NTC website login name and login password or
select the ‘Register’ button to register as a new user.
On entry to the Respond to RFC Topics homepage enter any General Comments to
accompany your submission and upload your submission comments by selecting Browse.
Please note the electronic version of your submission should be compatible with Microsoft
Word 2003 (.doc) or be in Adobe Portable Document File (.pdf) format.
Enter your Document Author Details and select Save. Once your submission has been saved it
is automatically sent via email to the nominated NTC representative. You will receive a
confirmation email to your preferred address once the submission is received by the NTC.
Submissions are placed on website
Submissions will become publicly available documents and may be made available to other
parties. This will occur shortly after receipt of the submission unless it is made in confidence or
is accompanied by a request to delay release for a short period of time. Copyright in
submissions sent to the NTC, however, resides with the author(s), not with the NTC.
Confidentiality
The NTC accepts confidential submissions. A submission with confidential information
should have the confidential sections marked and separated. Two copies should be
provided - one with the confidential sections and the other without confidential sections,
suitable for public release. You are encouraged to contact the NTC before submitting such
material. If material is determined to be confidential you will be advised of the decision
and will be asked to agree for it to be published or withdrawn. In this regard, it should be
noted that access to confidential material is determined in accordance with the Freedom of
Information Act 1982. In the absence of a clear indication that a submission is intended to
be confidential, the NTC will treat the submission as non-confidential.

FOREWORD
The National Transport Commission (NTC) is a body established under an inter-
governmental agreement with a charter to develop, monitor, and maintain uniform or
nationally consistent regulatory and operational reforms relating to road transport, rail
transport, and inter-modal transport. The NTC is funded jointly by the Australian
Government, States and Territories.

Engine brake noise is the greatest source of community complaint against the heavy
vehicle industry. Not only does it adversely affect a large part of the population in all areas
of the country, but it also has the potential to adversely affect heavy vehicle productivity
because of demands for curfews and other restrictions arising from affected populations.

The NTC has been asked to address the situation by undertaking research to determine the
feasibility of a regulatory solution to engine brake noise. In doing so, NTC has worked
with transport agencies, environment agencies and truck manufacturers to propose a
solution which represents a breakthrough for control of engine brake noise.

Extensive research underpins the proposal. NTC has investigated a number of ways to
control engine brake noise without introducing unfair restrictions on industry, or creating a
safety issue. Engine brakes are an important safety device and this report proposes a
method of detecting noisy engine brakes and restricting the use of audible engine brakes in
noise sensitive areas which do not pose a safety risk.

This draft Regulatory Impact Statement (RIS) assesses the impacts of the proposed
regulation. All stakeholders are encouraged to comment and provide feedback on the
proposal. Once the draft RIS has been circulated for public comment, the NTC will
consider the responses, and provided a net benefit can be demonstrated, a submission will
be prepared for the Australian Transport Council proposing a national regulation.

On-line submissions or comments on this report are preferred and are sought by Friday 4
August 2006.

Michael Deegan
Chairman

SUMMARY
Excessive noise from engine brakes is a major source of complaint from the community
yet remains largely unregulated. This has been the case both in Australia and overseas and
is due to the lack of data on the exact cause of the annoyance factor from engine braking.
The National Transport Commission (NTC) has undertaken an extensive research program
to fill these knowledge gaps and to provide a robust, scientific foundation for the
development of appropriate actions to address noisy engine brakes. This Regulatory
Impact Statement uses this research to put forward a proposal that aims to reduce the
impact of noisy engine brakes on the community without placing unfair restrictions on the
transport industry or creating a safety risk by banning the use of engine brakes.
This report outlines the background research undertaken into engine brake noise in section
2. Section 3 examines a range of possible options to address engine brake noise including
both non-regulatory and regulatory options. The proposed options are discussed in Section
4 along with the benefits and costs of these options. Section 5 details the consultation
undertaken as part of the development of this report. The prefered option is outlined in
section 6, that being setting an in-service standard for engine brake noise and establishing a
mechanism for prohibiting audible engine brakes in specified zones or areas.