TITLE 7

Conservation

Natural Resources

CHAPTER 71. NOISE CONTROL AND ABATEMENT

Subchapter II. Motor Vehicles


(a) The Department of Safety and Homeland Security, after consideration with the Secretary of the Department of Transportation and upon approval of the Secretary of the Department of Natural Resources and Environmental Control, shall have the power and its duty shall be to:

(1) Adopt regulations, after public hearing, establishing the standards, test procedures and instrumentation to be utilized in the control of noise from motor vehicles;

(2) Adopt regulations, after public hearing, necessary for the inspection of motor vehicles, including noise control and abatement equipment to assure compliance with the noise standards promulgated by the Department.

(b) For any public hearings required by this subchapter, the procedure shall conform to the procedure established in § 6006 of this title.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1; 74 Del. Laws, c. 110, § 138.;

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles or any other duly authorized body shall, as a condition of compliance with said inspection, pass such tests as may be required to demonstrate that the motor vehicle is in compliance with all state and federal standards and requirements for the control of noise which are applicable to such motor vehicles.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1.;

Any person who operates a motor vehicle or owns a motor vehicle which he or she permits to be operated upon public highways of this State which generates noise in excess of standards adopted by the Department of Safety and Homeland Security shall be fined not less than $25 nor more than $1,000, which shall be enforced in accordance with Chapter 7 of Title 21.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 138.;

The powers, duties and functions vested in any state department under this chapter shall not be construed to limit in any manner the powers, duties and functions vested therein or in any person under any other provision of law, or any civil or criminal remedies now or hereafter available to any person related to community noise control.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1.;

(a) No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this chapter or any rule or regulation promulgated pursuant thereto.

(b) No ordinances or resolutions of any governing body of a municipality or county or board of health which establish specific standards for the level or duration of community noise equivalent to or more stringent than those provided by this chapter or any rule or regulation promulgated pursuant thereto shall be superseded. Nothing in this chapter or in any rule or regulation promulgated pursuant thereto shall preclude the right of any governing body of a municipality or the Department of Health and Social Services to adopt ordinances, resolutions or regulations which establish specific standards for the level or duration of community noise equivalent to or more stringent than this chapter or any rule or regulation promulgated pursuant thereto.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1; 70 Del. Laws, c. 149, § 3.;

(a) All farm vehicles are exempted from this chapter while engaged in farming operations.

(b) Sirens operated to summon volunteer firefighters to alarms and sirens used to summon ambulance crews to service calls are exempted from this chapter.

60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1; 70 Del. Laws, c. 186, § 1.;