Noise and Statutory Nuisance Act 1993

3After section 58 there shall be inserted—

“58AService of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment.

(1)In the case of road noise to which subsection (1) of section 58 of this Act applies and which—

(a)has not yet occurred; or

(b)is emitted from or caused by an unattended vehicle or unattended machinery or equipment;

any such notice as is mentioned in the said subsection (1) shall be served in accordance with subsection (2) below.

(2)The notice shall be served—

(a)where the person responsible for the vehicle, machinery or equipment can be found, on that person;

(b)where—

(i)that person cannot be found; or

(ii)the local authority determines that this paragraph shall apply,

by fixing the notice to the vehicle, machinery or equipment.

(3)Where a notice is fixed in accordance with subsection (2)(b)(ii) above but within an hour thereafter the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice, then the copy shall be so served on him.

(4)A notice served in accordance with subsection (2)(b)(ii) above shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is so specified.

(5)Where a notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal, under section 58(3) of this Act, against the notice as if he had been served with it on the date on which it was fixed to the vehicle, machinery or equipment.

(6)Section 58(4) of this Act shall apply in relation to a person on whom a copy of a notice is served under subsection (3) above as if the copy were the notice itself.

(7)A person who removes or interferes with a notice fixed, in accordance with subsection (2)(b) above, to a vehicle, machinery or equipment shall be guilty of an offence, unless he is, or does so with the authority of, the person responsible for the vehicle, machinery or equipment.

(8)A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

58BActings where notice in respect of road noise not complied with.

(1)Where a notice under section 58 of this Act in respect of road noise has not been complied with, the local authority may execute works to abate, restrict or prevent the recurrence of the nuisance and do whatever may be necessary in furtherance of the requirements specified in the notice.

(2)Any expenses reasonably incurred under subsection (1) above by a local authority may be recovered by them from any person on whom the notice under section 58 was duly served or by whose act or default the nuisance was caused; and the court may apportion those expenses between such persons in such manner as it considers fair and reasonable.”.