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Breaking the sound barrier

sound pollution in Bermuda. The following, compiled to apprise the Island's residents of their rights in this area, is an overview of the legislation relating to noise violations: Summary Offences Act : Passed in 1926 and strengthened a few years ago by former Environment Minister the Hon. Ann Cartwright DeCouto, this wide-reaching act prohibits a person (between midnight and 6 a.m.) from operating or causing to be operated any amplifier, loud speaker, gramophone, wireless set, television set, tape cassette player or other sound device "in such a manner as to disturb or annoy any person dwelling in the vicinity.'' The act, moreover, also prohibits (between 6 a.m. and midnight) the operation of these devices "in such a manner that the sound in question is heard at a distance exceeding 100 feet from the source of the sound and causes annoyance to two or more persons.'' The "causing of that annoyance'' must also be proven "unreasonable.'' The Summary Offences Act further allows (between midnight and 6 a.m.) for the prosecution of any person who continues to "wantonly make any noise by singing, shouting or other means whatsoever'' after being warned to desist.

A "disorderly conduct'' section also prohibits "the holding of any exhibition or show or...the playing of any band, orchestra or music'' that causes the "annoyance of any passenger or wayfarer or dweller in the vicinity.'' Auxiliary Bicycles Act : Passed in 1954, this act allows a Police or traffic officer to pull over and inspect a bike or any of its parts if he or she "has reasonable cause to believe'' that the bike "is likely to be objectionable to road users or to persons in its vicinity by reason of noise, vibration, smoke or smell.'' Auxiliary Bicycles (Construction, Equipment and Use) Regulations : Passed a year after the Auxiliary Bicycles Act, these regulations allow the Cabinet Minister responsible for the environment to establish "the maximum standard of noise permitted in relation to any auxiliary cycle'' under certain test conditions. The current maximum level is 93 decibels.

Motor Cars (Construction, Equipment and Use) Regulations : Passed in 1952, these regulations prohibit the sounding of any horn or "audible warning instrument'' in stationary cars unless it is used in an emergency or to warn approaching traffic.

In a section that could also be applied to car horns, the law states further that "no motor car shall be driven on a highway or estate road in a manner as to cause excessive noise.'' Finally, the regulations also prohibit the use of any roadway or estate road by any cars or trailers with noisy "defects'' or faultily packaged loads.

Bermuda National Parks Act : Passed in 1981, this act prohibits any singing or playing of musical instruments, radios, record players, television sets or amplifiers "in such a manner as to be likely to disturb any member of the public'' or "person dwelling in the vicinity'' of such "protected areas'' as parks and beaches.