Effects of air and noise pollution: EIR release (Scotland)

FOI reference FOI/202300390529

Date received 22 January 2024

Date responded 19 December 2023

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

Regarding your previous correspondence, and your follow-up email of 4 January 2024, in relation to the antisocial use of loud engines and exhausts fitted on motorbikes, but also on some cars.

Response

Some of the information you have requested is available from the Scotland's Noise Website, available here, https://noise.environment.gov.scot/. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and we will send you a paper copy.

Taking each of your questions in turn, our responses to your request are as follows. As some the information you have requested (Questions 2, 3, 5, and 6 below in particular) is ‘environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations.

Question 1 - Can you please confirm what health effect to the human body/mind, both kinds of pollution have - if exposed to them regularly?

Response 1 - The Cleaner Air for Scotland 2 Strategy, available here, https://www.gov.scot/publications/cleaner-air-scotland-2-towards-better-place-everyone/, provides background on the link between air pollution and noise pollution, and item 57 (Page 31) notes the following, “As with urban air pollution, the major source of ambient noise is road traffic. The adverse impacts of air pollution are closely correlated with those of noise, making it difficult to separately assess the impact of traffic noise on health.”

In addition the European Environment Agency provides a web-viewer showing combined health impacts from road traffic noise and air pollution in urban areas, details are available here, https://www.eea.europa.eu/themes/human/noise/viewer-on-combined-health-impacts. Various papers have assessed the combined impacts of air quality and noise on health, including the paper by Dietrich (Dieter) Schwela, available here https://www.icben.org/2021/ICBEN%202021%20Papers/full_paper_29023.pdf, and others have suggested a combined noise and air quality index would be helpful, with a paper on this available here, https://doi.org/10.1016/j.scs.2012.03.001

In addition the UK Government response, available here, https://publications.parliament.uk/pa/ld5803/ldselect/ldsctech/232/23207.htm, to the House of Lords Science and Technology Committee report on, The neglected pollutants: the effects of artificial light and noise on human health, provided a series of recommendations for further data and evidence to be gathered. This work is currently underway.

Question 2 - Why are more air polluting cars charged heavier road tax, but more noise polluting cars/motorbikes are not?

Response 2 - While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because policy for vehicle taxation is reserved to the UK Government.

Question 3 – I can understand why in some cases more air polluting vehicles are allowed on roads, trucks/ buses / 4x4s in demanding terrains . However, when it comes to noise pollution from vehicles, there is absolutely no reason for these, even taking into consideration safety, because if that would be the case , E-motorbikes would surely be made to generate a lot more noise in order to be safe for roads?

Response 3 - While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because policy for vehicle noise levels is reserved to the UK Government.

Question 4 - Can you please explain exactly how you will encourage these people who create antisocial behaviour and noise pollution all day and night , to use public transport or cycle along the bypass?

Response 4 - We recognise the challenge in working collaboratively with others to manage transport mode change to reduce noise, particularly where antisocial behaviour may be involved. We are committed to working in partnership with others to deliver our National Transport Strategy Objectives, including Improving our Health and Well-being. Our third annual delivery plan, available here, https://www.transport.gov.scot/media/h5omsrtk/national-transport-strategy-third-annual-deliveryplan- 2023-24.pdf commits to a range of actions on this, reflecting our vision of making our communities cohesive, sustainably healthy and great places to live and work.

Question 5 - In this day and age, how are these types of motorbikes/cars even allowed and encouraged in and around the cities?

Response 5 - While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because policy for developing the Road Vehicles (Construction and Use) Regulations, the key legislation to allowing vehicle use on roads, is reserved to the UK Government.

Question 6 – Surely the noise generated by these loud engines/exhausts are above the permitted decibels and are more disruptive in and around residential areas, especially at night, however, are not considered loud enough to be treated more seriously than music from a car, or a model plane?

Response 6 - While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because policy for developing the Road Vehicles (Construction and Use) Regulations, the key legislation to allowing vehicle use on roads, is reserved to the UK Government.

Question 7 - I have also asked about compensation for my family not being able to use our garden or open windows in order to get fresh air, as noise pollution is so extreme, but have heard nothing back from you on this. What would you suggest we do?

Response 7 - Our Noise from Roads document, available here, https://www.transport.gov.scot/publication/noise-from-roads/, describes the background to any right to insulation against traffic noise for existing properties where an alteration to the carriageway has taken place. Where a noise assessment under the Noise Insulation (Scotland) Regulations 1975 indicates that your property meets the qualifying criteria, you will be contacted by Transport Scotland or their agents. For new homes the principles of National Planning Framework 4 would apply, together with relevant Noise Impacts Assessments conducted by the relevant Local Authority. For any specific details on any relevant compensation, if you could provide your address and postcode we can provide further background.

Question 8- So why are engines that generate far louder and disruptive noise than DIY or music, allowed to be used with no restrictions at all, especially in and around residential areas at night?

Response 8 - Setting of legal limits for noise levels from new vehicles is reserved to UK Government via the Construction and Use Regulations and are enforced by Police Scotland. Powers to deal with the problem of loud exhaust noise are available to Police Scotland under the Road Vehicles (Construction and Use) Regulations 1986, and to address antisocial driving, where noise may be an issue, Part 10 of the Antisocial Behaviour etc. (Scotland) Act 2004 includes provisions to allow Police Scotland to seize vehicles being driven antisocially. Strict noise regulations for cars and motorcycles are harmonised at an international level and require vehicles to demonstrate compliance before being placed on the market. Replacement silencers that are to be used on the road must also meet strict noise limits that are aligned with those of the original vehicle.

Under regulation 54 of the Road Vehicles (Construction and Use) Regulations 1986, exhausts and silencers are required to be fitted to all vehicles, maintained in good working order, and not altered to increase noise. During the MoT test, these components are checked, and a vehicle may fail if it emits noise unreasonably higher than a similar vehicle fitted with a silencer in average condition. However, a vehicle owner may evade MoT controls by removing that standard equipment and replacing it with a noisy one after passing the test. That is why Police Scotland are responsible for enforcement outside the MoT test on public roads. They have powers to take action if they suspect that an offence under regulation 54 is being committed. Also, under regulation 97 of the same legislation, they have powers to take action if they suspect that excessive noise is being caused that is avoidable through reasonable driver care.

In addition, local authorities can take action under the provisions of the Environmental Protection Act 1990 (EPA). In determining whether or not a particular complaint is a statutory nuisance, it is necessary for a local authority to consider whether or not it is ‘prejudicial to health or a nuisance' and it is the responsibility of the Local Authority to ensure compliance with the legislation. Each individual case is for investigation by an environmental health officer, who is trained to determine whether a statutory nuisance exists according to the specific circumstances of the case. When investigating a noise complaint, local authorities will consider all local circumstances when deciding what action to take. We encourage anyone who has experienced or witnessed any form of vehicle misuse in relation to noise to report it to Police Scotland by dialling 101 in non-emergencies.

Question 9 - You say in your reply: ‘The Scottish Government is committed to tackling all forms of antisocial behaviour, including noise from motorcycles and vehicles, and recognises that this can blight people's lives. Our aim is to create an inclusive and respectful society in which all people and communities live in safety, peacefully, where individual and collective rights are supported, and where disputes are resolved fairly and swiftly where possible.' How are you delivering this, in this case?

Response 9 - We have contacted the City of Edinburgh Council to work in partnership with them in supporting any appropriate measures.

Question 10 - You say: These include encouraging active travel, improving public transport, and supporting electric vehicles.' How are these types of people who use these types of engines/exhausts deliberately and with purpose, be encouraged to use these holistic approaches you mention, especially on the Bypass?

Response 10 - Our National Transport Strategy sets out our vision for Scotland's transport system for the next 20 years. The vision is underpinned by four interconnected priorities: Reduces Inequalities, Takes Climate Action, Helps Deliver Inclusive Economic Growth and Improves our Health and Wellbeing. The Strategy signals the future direction of transport and provides the context within which decisions, in and beyond government, continue to be made. The Strategy does not identify or present specific projects, schemes, initiatives or interventions, but sets out the strategic framework within which future decisions on investment will be made.

We all need to work together across boundaries to add value and ensure its success, involving all people in our society in decision making and empowering businesses and communities to play a vital part in the delivery process. We all also need to take responsibility for our actions, ensuring that our travel choices make a positive contribution to delivering the Strategy over the next 20 years. At the heart of the NTS is the recognition that we need to make a step-change in behaviour and provide attractive, affordable, accessible and sustainable travel options.

Question 11 - You say: ‘As outlined, there are existing options and powers and people should continue to raise their concerns with the relevant authorities. We have also raised the points you make with our Transportation Noise Inspection Panel.' Please clarify what relevant authorities this is referred to and what steps the Transportation Noise Inspection Panel has and will take to resolve this as soon as possible, as this is really depressive, discriminative and a suicidal situation affecting me and whole family and so many others.

Response 11 - Local authorities can take action under the provisions of the Environmental Protection Act 1990 (EPA). In determining whether or not a particular complaint is a statutory nuisance, it is necessary for a local authority to consider whether or not it is ‘prejudicial to health or a nuisance' and it is the responsibility of the Local Authority to ensure compliance with the legislation. Each individual case is for investigation by an environmental health officer, who is trained to determine whether a statutory nuisance exists according to the specific circumstances of the case. When investigating a noise complaint, local authorities will consider all local circumstances when deciding what action to take. We encourage anyone who has experienced or witnessed any form of vehicle misuse in relation to noise to report it to Police Scotland by dialling 101 in non-emergencies.

Question 12 - Are you able to assess the sound levels of these exhausts in Burdiehouse, Limes, Heritage Grange, Straiton and Loanhead where the noise is extreme and unbearable in some places , perhaps by placing monitoring equipment?

Response 12 – Our approach to managing noise is defined in our Transportation Noise Action Plan, available here, https://www.transport.gov.scot/media/43657/transportation-noise-action-plan-2019-2023- december-2018.pdf. Our approach to TNAP delivery is to work collaboratively in partnership with others, and we have highlighted the DfT Roadside Vehicle Noise Measurement trials, and a remote sensing approach to enforcement, in our TNAP Delivery Group, and we will continue to monitor their progress and effectiveness.

Transport Scotland recognise Remote Sensing is a developing technology, which has the potential to generate important insights into the real-world emissions of the vehicles on our streets. Our Remote Sensing study is assessing real-world vehicle emissions, using contact-less remote sensing technology. Phase 2 of the study conducted emission testing campaigns in Aberdeen, Dundee, Edinburgh, and Glasgow between 2021 and 2023. During 2022, as part of preparing to include noise emissions in the study, Transport Scotland evaluated worldwide progress on roadside vehicle noise monitoring techniques, conducted motorcycle noise assessment work, and compared noise and air quality emissions at one of the remote sensing sites in Edinburgh. Noise monitoring assessment was also included during the third and final campaign during July this year.

Setting of legal limits for noise levels from new vehicles is reserved to UK Government via the Construction and Use Regulations and are enforced by Police Scotland. Any noise monitoring and enforcement trials tackling excessively noisy car exhausts within Scottish towns or cities would be the collective responsibility of Police Scotland and the relevant road authority, which we would be happy to support as appropriate.

Question 13 - I cannot understand how these are acceptable when louder than police/ambulance/emergency service vehicles, and even the fireworks?

Response 13 - Setting of legal limits for noise levels from new vehicles is reserved to UK Government via the Construction and Use Regulations and are enforced by Police Scotland

Question 14 - Surely the noise generated by these loud engines/exhausts are above the permitted decibels and are more disruptive in and around residential areas, especially at night, however, are not considered loud enough to be treated more seriously than music from a car, or a model plane?

Response 14 - Setting of legal limits for noise levels from new vehicles is reserved to UK Government via the Construction and Use Regulations and are enforced by Police Scotland. The TNAP 2019 to 2023 will be updated during 2024, and the points you note, in relation to individual vehicle noise, will be assessed in any update.

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