Ford Falcon XR8 ute

Falcon XR8 ute: the power it gives blokes is unbelievable

When: 4/7/07
Where: TV - Channel 9

Describe the ad: The ad is a fantasy scenario of two men driving a ute through a fictitious town. The town is a tough male-indulgent fantasy where beer, oversize plasma TV's, and mobile lounge chairs are the norm - and metrosexual males are targeted by police. The ad concludes with the slogan "Falcon XR8: the power it gives blokes is unbelievable" and the roar of a modified exhaust system is heard.

Complaint:

Whilst clearly a fantasy scenario, the sound of the modified exhaust system at the end of the ad is offensive and illegal. Such noisy exhausts are the scourge of many neighbourhoods, causing much annoyance. A fantasy scenario is no excuse for encouraging a culture of lawlessness and noise assault.

This ad spruiks a new car. All new cars sold in Australia are required to conform to the Federal Government's Australian Design Rule (ADR) 83/00 which imposes drive-by noise limits. A car of this type would not be permitted to exceed 74-78 decibels in the legislation. The exhaust in the ad is clearly louder than this, so the ad depicts an unlawful new car.

Once a vehicle is in use (in-service) it becomes the State's responsibility to enforce noise limits. The Federal Government has drafted legislation for the States to facilitate the implementation of ADR 83/00. States are currently in the process of adopting ADR 83/00 for in-use vehicles. States which have adopted the standard, such as Queensland (and soon NSW), use the following test:

* At the time each new car model is certified under 83/00, a stationary "signature" noise level is recorded. It is designed to minimise excessive noise caused by poorly maintained or modified exhaust systems. In-use vehicles are required to keep their exhaust noise below the signature level (plus 5 decibels for wear-and-tear). So the car in this ad would be required to stay under 79-83 decibels. The modified exhaust used in this ad would not pass such a test. Again, an illegal depiction.

* For states which have not yet adopted 83/00 for in-use vehicles, they generally have a stationary noise limit of about 90 decibels. Some states such as NSW define defective (illegal) exhausts to include "equipment that allows the emission of more noise than the noise control equipment fitted by the vehicle manufacturer". It is doubtful whether the modified exhaust in this ad would pass these tests also.

This ad therefore definitely depicts an unlawful new car (which Ford is selling), and likely depicts an illegal in-use vehicle.

According to section 1.1 of the AANA Advertiser Code of Ethics: "Advertisements shall comply with Commonwealth law and the law of the relevant State or Territory.". This is a clear breach of ethics.

The World Health Organisation and NSW Health Department have acknowledged that noise pollution is harmful to health.

The Health Effects of Environmental Noise - Other than Hearing Loss, published by the
enHealth Council (2004) concluded that the health effects of noise probably operated through a number of different pathways, including direct effects, interference with cognitive processes, and people's reactions to interference with daily activities and communication. It was generally agreed that there is sufficient evidence that noise adversely affects annoyance, sleep disturbance, children's school performance and cardiovascular health. Children, people with existing physical and mental illness, and the elderly were considered most susceptible to noise on the basis of current limited evidence.

"The increased effect of noise on NSW communities is evident in Figure 3, which shows the number of reports to DEC's Environment Line by the public of excessive noise from modified exhausts and engines. In 2005, 1084 reports were received. There has been a progressive increase in the number of motor vehicle noise reports over the past 4 years ...

The 2004 NSW Neighbourhood Noise Survey found that one in three people considered themselves affected by neighbourhood noise and one in eight people were very annoyed or disturbed by it. For flat, unit or apartment dwellers this impact rate almost doubled." (NSW DECC)

This ad should be withdrawn, or modified to remove the exhaust roar, because it encourages anti-social and illegal noise pollution, and it condones activity that is harmful to health, productivity and social cohesion. We have advertising codes for alcohol, violence, and speeding - where is the code for responsible use of noise? Fantasy is no excuse.

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REFERENCES ...

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The Health Effects of Environmental Noise - Other than Hearing Loss, published by the enHealth Council (2004)

http://www.health.gov.au/internet/wcms/publishing.nsf/Content/health-pubhlth-publicat-document-metadata-env_noise.htm

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The Guidelines for Community Noise published by the World Health Organization (1999)

http://www.who.int/docstore/peh/noise/guidelines2.html.

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Vehicle Standard (Australian Design Rule 83/00 - External Noise) 2005
Department of Transport and Regional Services

"6.2.2. Sound level limits

6.2.2.1. Subject to the provisions of paragraph 6.2.2.2 below, the sound level of vehicle types, as measured by the method described in paragraph 3.1 of annex 3 to this Regulation, shall not exceed the following limits:

6.2.2.1.1. Vehicle categories: Vehicles used for the carriage of passengers and capable of having not more than nine seats, including the driver's seat Limit values [dB(A)]: 74

6.2.2.1.3. Vehicles used for the carriage of passengers having more than nine seats, including the driver's seat; vehicles used for the carriage of goods

6.2.2.1.3.1. Vehicle categories: with a maximum authorized mass not exceeding 2 tonnes
Limit values [dB(A)]: 76

6.2.2.1.3.2. Vehicle categories: with a maximum authorized mass greater than 2 tonnes but not
exceeding 3.5 tonnes
Limit values [dB(A)]: 77

6.2.2.2. However,

6.2.2.2.1. For the vehicle types mentioned in paragraphs 6.2.2.1.1 and 6.2.2.1.3 equipped with a
compression-ignition and direct-injection internal combustion engine, the limit values shall be increased by 1 dB(A)"

http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/68F5C228786A41F9CA2570B4001209EE?OpenDocument

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Protection of the Environment Operations (Noise Control) Regulation 2000
The NSW Department of Environment and Climate Change

"13 Use of motor vehicles on road

(1) A person must not cause or permit a motor vehicle to be used on a road if the motor vehicle is capable of emitting noise at a level in excess of the maximum noise level specified in Schedule 1 for that kind of motor vehicle.
...

Schedule 1: Prescribed noise levels of classes of motor vehicles

Motor car, Any engine, Any mass, Any height, after 1 January 1983 = 90 dB(A)

...

6 Sale of used motor vehicles with defective noise control equipment

(1) A person must not sell a used motor vehicle if the motor vehicle's noise control equipment:

(a) is not securely in place, or
(b) is defective.

(2) For the purposes of subclause (1) (b), defective noise control equipment includes:

(a) equipment that allows the emission of more noise than the original noise control equipment fitted by the vehicle manufacturer, or
(b) equipment that has, in the opinion of an authorised officer, been modified in a way that makes it less effective than it would have been if not for the modification, or

http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+537+2000+first+0+N

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Proposed Protection of the Environment Operations (Noise Control) Regulation 2007
NSW Department of Environment and Climate Change

"Australian Design Rules (ADRs), made under the Federal Government's Motor Vehicle Standards Act 1989, impose noise limits on new motor vehicles. The ADRs support a national scheme for regulating the noise levels of new motor vehicles sold in Australia. Many ADRs are harmonised with international regulations adopted by the United Nations Economic Commission for Europe. Noise limits for motor vehicles have historically been less restrictive in Australia than those in force in Europe.

ADR 83/00 External Noise defines limits on external noise generated by new motor vehicles, motorcycles and mopeds in order to limit the contribution of motor traffic to community noise. This ADR was first gazetted in March 2003 and was declared on 8 November 2005. It applies to most new model motorcycles, mopeds and most cars from 1 January 2005; all new motorcycles from 1 January 2006; and all new cars from 1 January 2007 ... The introduction of ADR 83/00 External Noise brings Australian standards closer into line with relevant European standards.

ADR 83/00 External Noise requires that the noise be measured for each vehicle model while the vehicle is in motion (sometimes called a 'drive-by' noise level) and stationary (sometimes referred to as a 'signature' noise level). The ADR refers only to a 'drive-by' noise level limit, so the measured stationary noise levels may vary for each make and model of vehicle certified. The stationary noise level is intended to provide a reference value for regulators to use to check in-service vehicles. It is designed to minimise excessive noise caused by poorly maintained or modified exhaust systems. Under ADR 83/00, a vehicle must maintain the stationary noise level produced when in its original state.

Once a vehicle is in use ('in-service') it becomes the State's responsibility to enforce environmental standards such as stationary noise limits. The noise limits in the ADRs are given legal effect for in-service vehicles by their adoption into State Regulations. In NSW, the stationary noise levels in previous ADRs have been adopted as noise limits for enforcement purposes. The noise limits are contained in Schedule 1 of the existing Noise Control Regulation. Schedule 1 levels are appropriate for pre-ADR 83/00 vehicles. For ADR 83/00-certified vehicles in the proposed Regulation, the stationary level for each make and model of motor vehicle will apply ...

The Federal Government has drafted legislation for the States to facilitate the implementation of ADR 83/00 External Noise for in-service vehicles. It has been recommended that the States adopt the stationary noise levels for certified vehicles, plus a 5-dB(A) allowance for wear-and-tear and measurement error. DECC proposes to adopt this level for ADR 83/00-certified vehicles, including those with aftermarket parts ...

The benefits of this approach are that vehicles that are relatively quiet when new will be kept quiet, and enforcement will be more efficient as there will be no need to identify aftermarket systems. The disadvantage will be that vehicles with aftermarket exhausts get a 5-dB(A) allowance on the stationary noise level and do not have to meet the drive-by limit. As previously mentioned, DECC will pursue full harmonisation with the approach in Europe to aftermarket mufflers with the NTC.

[ survey data ]

The increased effect of noise on NSW communities is evident in Figure 3, which shows the number of reports to DEC's Environment Line by the public of excessive noise from modified exhausts and engines. In 2005, 1084 reports were received. There has been a progressive increase in the number of motor vehicle noise reports over the past 4 years.

Figure 3: Number of 'Motor Vehicle related calls' to DEC's Environment Line

...

Impact of neighbourhood noise

The 2004 NSW Neighbourhood Noise Survey found that one in three people considered themselves affected by neighbourhood noise and one in eight people were very annoyed or disturbed by it. For flat, unit or apartment dwellers this impact rate almost doubled.

Neighbourhood noise can also be categorised into stationary sources such as air conditioners and mobile sources such as motor vehicles and vessels. The impacts of neighbourhood noise may include annoyance and sleep disturbance. Other impacts include disturbance of listening and concentration activities such as watching television, reading, study, conversation and music appreciation. Noise pollution may impair social relationships, academic development and work performance.

...

Complaints about noise

The 2004 NSW Neighbourhood Noise Survey found that about one in seven people have made complaints either to neighbours or regulatory authorities about neighbourhood noise.

...

Table 2: Number of noise incidents reported and attended by NSW Police in 2004

Type of noise incident Reported Attended
General noise incidents 90 716 59 757
Alarm noise (buildings and cars) incidents 85 895 63 556
Total 176 611 123 313

www.epa.nsw.gov.au/resources/07186noiseris.pdf

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NSW Roads and Traffic Authority

"Australian Design Rule, ADR 83/00, was gazetted in March 2003, which introduces more stringent noise limits for new vehicles sold in Australia. ... The new standards include a 'signature' noise level that is recorded and unique for each vehicle model. These model specific standards will form the basis for enforcement ... The signature approach is designed to minimise excessive noise caused by poorly maintained or modified exhausts."

http://163.189.7.150/environment/noise/reducingvehiclenoise.html

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Proposed Protection of the Environment Operations (Noise Control) Regulation 2007
NSW Department of Environment and Climate Change

To align NSW with recent changes to national vehicle design requirements, the Regulation will require motor vehicles certified as meeting the new Australian Design Rule (ADR) 83/00 to comply with the model-specific noise limits measured at the time the vehicle model is certified. The noise levels in ADR 83/00 came into force progressively between 1 January 2005 and 1 January 2007, depending on the class of vehicle ...

Adopting ADR 83/00 means that the noise emission level cannot increase for vehicles manufactured with relatively low exhaust noise emissions. This should lead to a reduction in noisy vehicles over time.

www.epa.nsw.gov.au/resources/07260infomv.pdf

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Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004
Queensland

"The stationary noise level of a motor vehicle that is certified to ADR 83/00 must not exceed, by more than 5dB(A), the noise level that is established for the motor vehicle when it is certified."

http://www.legislation.qld.gov.au/LEGISLTN/SLS/2004/04SL302.pdf

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Department of Transport and Regional Services

Vehicle noise standards apply to all road vehicles, including motorcycles, cars, trucks and buses. The relevant standard is ADR 83/00, which is being implemented over the 2005-2007 period.

http://www.dotars.gov.au/roads/environment/impact/index.aspx

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National Transport Commission

The Australian Design Rule (ADR) 83/00 for the external noise of motor vehicles was approved by Ministers in 2003. This new noise emission standard for motor vehicles adopts the UN Economic Commission for Europe (UNECE) Regulations for motor vehicle noise.

http://www.ntc.gov.au/filemedia/Reports/NatStatExhaustNoiseTestSept2006.pdf