NZ Police are responsible for enforcing the Land Transport (Road User) Rule for excessive noise for on road vehicles. This includes engine braking noise deemed to be excessive. The enforcement of the excessive noise rule for engine braking may occur regardless of whether there are ‘no engine braking’ advisory or prohibitory signs.
The Land Transport (Road User) Rule includes the following provision (rule 7.4) for on road vehicle noise:
“A driver must not operate a vehicle that creates noise that, having regard to all the circumstances, is excessive.
In determining whether any noise is excessive, regard may be had, in addition to all other relevant matters, to—
(a) the manner of operation of the vehicle:
(b) the condition of the vehicle:
(c) the time of the day when the noise is created:
(d) the locality where the noise is created:
(e) the likelihood of annoyance to any person:
(f) any relevant standard or specification that applies under the Act.”
Where there is a bylaw prohibiting engine braking a fine can be specified. The specific provisions contained in any bylaw will determine who might enforce it. If the bylaw is simply a ban on the use of engine brakes by heavy motor vehicles it would normally only be enforceable by NZ Police.