On the Road

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Q: I live in a fairly quiet residential neighbourhood and from time to time, usually late at night, the quiet is broken by some car with an overly loud muffler or squealing tires as they speed away from the stop sign near my house. Is squealing the tires against the law?

A: Any noise a motor vehicle creates beyond what the vehicle was designed by the manufacturer to produce may under certain circumstances be considered excessive or, as the law clearly states, unnecessary.

Drivers accelerating rapidly to cause squealing tires, cars equipped with both an illegal muffler and an inconsiderate driver, as well as vehicles that are modified to produce excessive engine noise are common complaints received by the Toronto Police Service, particularly in and around residential neighbourhoods.

The problem becomes aggravated when owners alter their vehicles with parts and accessories designed to create noise or produce additional power that are simply illegal, mufflers and engine components being the prime example.

The Internet is filled with after-market auto parts manufacturers and distributors selling a variety of accessories for just about every make and model of domestic and import car, truck or van.

Many of those accessories cannot be legally installed on vehicles being driven in Ontario and much of Canada for that matter. Countless distributors originate in all parts of the United States where after-market parts are often only required to comply with local State standards.

Now as for the noise, the Highway Traffic Act states in Section 75(4) that a driver of any motor vehicle shall not at any time cause the motor vehicle to make any unnecessary noise. The section is not specific as to the origin of the noise so the discretion is left up to the police officer as to whether the excessive noise was reasonable under the circumstances.

For example, squealing tires when accelerating from a stopped position would, in most cases, be considered unreasonable while a motor vehicle skidding to a stop to avoid a collision (and making the same noise) would certainly pass the test of reasonableness.

Noise created by the installation of parts and accessories will be judged by the police officer as to the legality (does it meet Highway Traffic Act and environmental standards) and as to the usage.

In other words; was the driver trying to create an unreasonable or unnecessary amount of noise? If in the opinion of the officer they were, a traffic ticket will likely be the result.

If excessive vehicle noise has become a persistent problem and is disturbing the tranquility of the neighbourhood, I would recommend contacting the local police division and asking the traffic sergeant or the community response sergeant to put the area on special attention for a short period of time.

Once a few thoughtless motorists receive a $115 ticket for 'causing unnecessary noise', they may begin to respect the fact that neighbourhood streets are designed to service the local community at much lower speed limits, not to serve as a trial ground for wannabe NASCAR or Indy drivers.