I live near the entrance of a quarry, and the amount of noise of the trucks make is quite amazing. I’ve been told that many of them have been intentionally modified to make them louder, as well as their culture of greeting one another with horn blasts, and using jake brakes. Is there anything that can be done about this?


Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: The issue of excessive noise comes under several different laws but cannot necessarily be prosecuted under all of them. Allow me to explain, with the help of the Department of Environmental Health (DEH).

Section 7(2) of the Public Health Law (2002 Revision) specifies that noise from trucks constitutes a nuisance. In addition, section 13(1) of the Town and Communities Law (1995 Revision) says anyone who generates noise or lives in premises where a “noise is emitted in excess of the prescribed levels, shall reduce such noise to within such prescribed levels if required to do so by a constable or an environmental health officer”.

Section 13(2) then speaks to regulations that may be promulgated to limit the level of noise, along with methods and machines to measure the associated decibels. However, and this is a big however, the DEH official pointed out, “No such regulations have been prescribed to date, and this makes it quite difficult for an environmental health officer to abate this nuisance.”

In addition, the official said of the Public Health Law, “While the provision in the law is broad, noise, as a nuisance, needs to be measured. Unfortunately, the Public Health Law does not indicate what levels would be classified as a nuisance.”

To rectify that situation, the DEH is in the process of reviewing the law. It is unclear how long that review will take, but I will check back on that with DEH.

You do have recourse, though. Under The Traffic Law, 2011, Section 93 (1) says, “A person who does any of the following commits an offence and is punishable under section 138 – (f) uses a vehicle with its engine in such a condition that it gives out excessive or obnoxious smoke, fumes, noise or odour.”

Section 138 says that anyone who commits an offence under The Traffic Law for which there is no penalty prescribed, is liable on summary conviction to a fine of $2,500 or imprisonment for six months, or to both.

Therefore, I think you should take this matter up with the police.

The laws mentioned above can be found on the CNS Library

Send questions to auntie@caymannewsservice.com
or leave your question in the comment section of any article

Recent answers from Auntie (Click here for archives)