Motor sport in villages


(Clare Smith) #1

I have lived in my village for 7 years now. It is peaceful or should I say was until a neighbour decided to make a makeshift moto course on a piece of land next to his house. It all started 2 years ago when he started to run moto cross bikes and we would have days where we had a relentless humming sound for at least 5 hours a days whilst these moto cross bikes went around and around. His direct neighbour complained and he said it was his land and he could do whatever he likes. The mayor looked at it and told him that the noise based on the cc of the bikes was against regulation. The neighbours said to the mayor that if he tried to stop him he would reduce the engine size but run it every day just to p**s everyone off. Needles to say everyone in the village went quiet. This year he has started to run rally cars on the piece of land. They are noisy and they are causing a huge amount of dust. At the moment he is running these three times a week as well as a few Honda pilot style vehicles. Just to give you a clear picture of location, it is 200 metre from the centre of the village and is surrounded be residential houses. I am not quite sure of the size of the land but it runs just behind his house. Does anyone have any ideas about the regulation regarding motor tracks and vehicles in village locations. I would also add that the family in question has been in the commune for 100's of years, apparently, and the old mayor was a friend of the family. The old mayor is no longer in power and we have an new mayor who is never in the office. Also, it is not him personally running the vehicles, he invites friends in from outside the commune to use the land. Help!!!


(David Rosemont) #2

A village near to us has just done this as there have been numerous complaints about DIY noise and even grass cutting/hedge trimming is interdit outside the allotted hours. Quad bikes and off road motor bikes can be an issue around here- they even removed the silencer off a quad bike!


(Clare Smith) #3

Sadly this WAS the case with the last Mayor, not an interest but long family ties. Hence the reason nothing was done. Not sure about this one.


(Peter Bird) #4

Maybe she has a vested interest ? Many local communities are close knit so maybe he person responsable is family or friend etc ?


(Clare Smith) #5

As usual Jane, French bureaucracy, they have written to me telling me the Mayor has to do it. It is pinning her down that is the issue. She's never there. I have set myself a time limit of 2 weeks and if nothing happens I will go back to the Prefecture and tell them that she is doing nothing & I may just turn up on her doorstep. The other issue you see, is that we are one of these communes that has little ones attached and she actually lives in one of the little ones attached and doesn't see or hear. My ex local councillor told me to give her a chance because, to put it mildly she is shoving a broom & sweeping up at the same time with lots of prefect meetings which apparently it is obligatoire for her to go?????? Watch this space.


(Jane Williamson) #6

Clare, why are you doing this all by yourself, go to the noise people at the prefecture.

As the prefecture has already said that what he is doing is illegal, I am sure they will investigate on your behalf.


(Clare Smith) #7

I think my school of thought is to go direct and in fact I emailed them only yesterday to get their opinion. But, the mayor is annoying me, by not even sending any response to the complaint so, I suppose she is another issue all together but, I do not see why I should just let her potentially bury her head in the sand. Just seems we have a lot of Mayors who just don't want to do the job they are paid to do.


(Peter Bird) #8

Blimey Victoria, a woman NOT making a lot of noise ? That must be a first !

(says he, keeping his voice down in case 'er indoors is listening !)


(Jane Williamson) #9

If you have already had a response from the prefecture, why do you not involve DASS personally as suggested by Haydn. and show them the response you have had from the prefecture and the adjoining commune?

As I see it you have two problems, one the noise and the dust and the second your not wanting to let your mayor get away with it. Which one is causing you the most problems?


(Clare Smith) #10

We have the same but one fly over a week. But we don't mind that because it is not a constant load humming. Military have immunity to the noise issue, as I read in Johns link but David, I would think you would be allowed to complain if it is happening on a regular basis and for long periods, unless this person has a licence and agreement in place.


(Terry Williams) #11

Why not? If it's a regular nuisance that is. It would no doubt depend on how often it happens. We are right under the air force's low flying practice route and hedge-hopping jets regularly scream overhead so low they shake the house and probably scare the farmers' livestock half to death. But we can't do anything about it because it's limited to a very few days each month and anyway, it's the military and they would argue that by choosing the country's least populated area they are being responsible.


(Clare Smith) #12

Thanks John. We know about this and this is published in our commune and all residents are fully aware of it. His threat is that he will buy vehicles with lower Db noise and run every day, all the hours possible just to pee us off and this is what the residents are scared of. Although I am not quite sure what vehicles would fit in to this category??? Perhaps a hairdryer?? Personally, I would call his bluff because it is not him driving the vehicles. He is a retired older man so I think he would get bored of it before us. But many outside the commune seem to think that on this particular case he needs Mayor permission anyway because it is in the centre of the village, which is what I am currently investigating and that if he did get permission he would have to take precautions to protect the commune from the noise, which would cost him. Will keep you posted.


(John Withall) #13

I have no idea if any of this is useful:

Summary concerning your private individual noise -

There exists a general national Public Health law, Code de la Santé Public Art. 48-1 with certain exemptions which require written authorisations, and where there is a possible fine and the 'guilty' material confiscated:-

http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=59CA425472B1ECDF34B87182F7D849BC.tpdila07v_3?idArticle=LEGIARTI000006798608&cidTexte=LEGITEXT000006072665&dateTexte=19970426&categorieLien=id&oldAction=&nbResultRech=

In certain Communes where the Maire, who has no official obligation to introduce and publish an Arreté Municipal, does have the responsibility and the authority via the Préfecture, to apply the national law to the act of decibel noise (indicated on your machine) by the neighbour (under T 30dB A) due to a complaint.

In general and as follows:-

Les jours ouvrables (Monday to Friday) : de 8h30 à 12h et de 14h30 à 19h30

les samedis (Saturday) : de 9h à 12h et de 15h à 19h

les dimanches (Sunday) et jours fériés (National holidays) : de 10h à 12h.


(Clare Smith) #14

Thanks Terry, now I am starting to get a clearer head and instead of just being so upset, I am feeling a little more positive. I shall keep chipping away.


(Terry Williams) #15

So far as I can tell from what you've said, Clare, your neighbour's not involved in organising races so the rules on setting up a proper racing circuit won't apply. But your second link certainly does. Doesn't matter whether he's doing it professionally, he's carrying out an activity which is noisy and a major disturbance to his neighbours close to their homes. And he apparently doesn't have the authority to do this. It would be the same if he'd set up a saw mill in the field without first getting clearance from the authorities.

We had a similar case of four motocross-mad sons of a neighbour who set up a track in one of his fields close to the village. We made them move it to another field out of hearing distance from the village.

So keep up the pressure and I'm sure you'll get satisfaction.


(Clare Smith) #16

Hi George, I have tried to do the same as well but will perceiver with this because I think the way to go is to try to have the users warned or prosecuted if necessary.


(George Topp) #17

If there are different cars being used that might help identify the drivers.

On the door of the car pictured above there is a competition number plate which should state the event and number. That indicates what was the car's last legal event and so that information can be used to access the entry list for that event.

It is an oblong stickers on the door, left of the rear v mirror. I tried to check it by enlarging your pic but the res isn't high enough


(Clare Smith) #18

Terry I looked at your link and found this http://www.bruit.fr/tout-sur-les-bruits/activites-bruyantes/sports-... but, the question is would this also apply to someone privately running on their own land. This is why I am so confused. It seems to apply to organised circuits but I just can find anything on private. I am missing something do you think? Also this and I think this is where I may be able to force the Mayors hand http://www.bruit.fr/tout-sur-les-bruits/activites-bruyantes/sports-motorises/demarches/conseils-pratiques.html based on this am I right in thinking that he has to have the Mayors permission.


(Peter Bird) #19

Yep, you're quite correct Terry, I didn't realise the Huissier held so much clout in such matters.

http://www.bruit.fr/images/stories/pdf/assises-2014/sylvain-dorol.pdf


(Haydn E Ebbs) #20

you might find this link helpful...

http://www.explainthatstuff.com/soundlevelmeters.html