Don't think you need to know he's definitely breaking the law to get a huissier to check, Peter. The whole idea of calling one in is to get a legally acceptable statement of whether he is or isn't.
Clare, you can probably arrange for a huissier to come when you call him, rather than on a set day. Call your nearest huissier and ask so you know what your options are when you go see the mayor/gendarmerie.
My plan is to get my facts about the Db issue as no one challenged this last time. I actually have a Db meter so I can test myself at some point and photograph the car with the meter in front of the lens. I will also photograph the plot of land whilst is is not in use with the meter so that I can make the point clearly what the difference between ordinary levels are Vs the Rally car levels. The only think is I do not clearly understand the allowances in the difference between the two readings. I think that I read that it was not just about the difference in the Db's but it also depends on how long it is running to determine the allowance/tolerance. I need to speak, I think with a French friend who understands a bit more about French interpretation and its nuances. This is where I am weak. Unless someone here can explain it to me in layman's terms. I feel like such a thicko sometimes, but, at the moment my school of thought is that if I can here it loudly at the other end of the village he must be breaking Db rules, especially with those houses right next to him. It sound like 100 powerful motor bikes riding at speed through the village but the repetition is the anoying thing because it doesn't stop for ages. When I have evidence and facts I will get the locals involved armed with the evidence which will make them more confident in challenging him. My other school of thought is we direct the gendarmes to the driver because he is the one using the car and making the noise, in the hope this puts the frighteners on him but, I also need to find out who the other people are using the track and I am not so sure that is going to be easy as people I have spoken to in the village do not know any of them.
It is his nephew and I am going to have a meeting with one of our ex-councillors during the week so I can find out more about the driver who has been know to her since him was a young child. I only know the surname at this point will will certainly pm you when I have further info. Thank you George. It will be later in the week.
Wouldn't it be possible to rally (no pun intended !) the other villagers to get together ? They must feel the same way as you ! A Huissier can be very useful for making a 'constat' etc but wouldn't you need to know if he was indeed breaking any rules before wading in ? If you are going via La Mairie then you need to keep on nagging away. Maires don't like being nagged, it's hassle they really don't need so just keep on at her until action is taken.
Is that him actually driving the car - or one of his friends? If you can pm me his name I'll see what pressure would be available within the sport
Hi Peter. This is turning out to be such a minefield, I am now starting to realise why people are burying their heads. Problem is is it all started a couple of years ago with little motos and now rally cars and what next if no one does anything. The track is in the centre of the village and the only reason the picture looks as if it is open land is because it is at the back and side of his property. He has 3 neighbours to his right, 4 to the front and the rest of the village to his left. I am at the other side of the village to said location and the noise is unbelievable, so goodness only knows what the dirt neighbours have to put with. He insists that the issue of allowed or not allowed is the Db's but if I can hear it as load as I do from the other side of the village he must be breaking the rules. One thing I am surprised at though is the fact that when he was challenged when the motos were running he said he was within limits but, know one thought to ask him what he based that on or what evidence he ha of that. As for getting a hussier as Terry suggested, it is not done on regular days so, it would be hard to catch him at it. I just feel like crying! Still, I am going to gather all my facts first then go to the Mayor & the Gendarmerie to make a formal complaint.
I think the first thing I would do is consult an avocat who will give you some idea of your rights. At the very least start off at the Gendarmerie and ask their advice. If the site is close to the village centre surely many people must be feeling the same as you so why not take collective action ?
Clare, this link http://www.bruit.fr/tout-sur-les-bruits/activites-bruyantes/ will take you to the site of the Conseil National du Bruit which will give you all the rules.
But this is more than just noise pollution. As others have said, you can't just set up a race track and invite others to use it even if it is on your own land. Go to the gendarmerie and make an official complaint. If you can get other people to join you in complaining officially that would strengthen your case. Film and/or photograph everything, keep a log that you can show them. You can also call in a huissier (bailiff) to make an official report that is recognised by the courts. There is a fee to do this but it may be worth the effort. Often, the threat of calling in l'huissier is enough to solve the problem. To find how to do this go to Useful Links/Legal and scroll down till you find the link.
Thought I would show everyone what we have to out up with!
Hi Clare
If he is running any form of organised motorsport he must get approval from the FIA's local body, in France that's the FFSA http://www.ffsa.org/ .
I've been involved in the sport up to international level for more than 40 years and while most of that has been with the MSA in the UK any suggestion of someone bringing the sport into disrepute always resulted in swift action.
If this guy isn't running any form of organised event (charging, inviting spectators etc) the FFSA could still be brought in under the disrepute ruling if he is an active motorsport competitor. IE if he is a rally driver competing in organised events in France - a complaint to the FFSA that he is bringing the sport into disrepute might also bring results.
Clare, stop thinking about what your mayor should be doing, if the neighbouring mayor has told you to go to the gendarmes, do it now otherwise if you wait for your own mayor you'll be suffering the noise and nuisance for much longer than necessary. Go armed with copies of the respective legislation, the gendarmes won't necessarily know what the exact regulations are, and if you've got time, and your French is up to it, do some research of your own. The rules about noise in the countryside are extremely strict as we found when we were at loggerheads with someone who was cutting wood less than 100m from the house - contrary to what he claimed he didn't count as an agriculteur. Basically the permitted level of noise is equivalent to that of a washing machine. Can't remember what that law is called now, but I do know that Segolene Royale was responsible for it.
Clare, if the man is operating a race track/rally cross track and inviting other people to use it for there has to be certain things done for safety issues etc. try getting in touch with the national rally cross , moto cross and motor sport associations in the region, if you get no joy go to the press and see what help they can do.
regarding your mayor i would see if you can get her to come and visit for a chat to see what she is up to. if you get no joy then start a campaign to get rid of her on the grounds of unfit for the job, simplest way is to bombard her with specific requests forcing her to respond, ie keeping her busy doing her mayor work. just wear her down.
Good idea Haydn because it happens on a Sunday afternoons as well, which I know is a banned time. Thanks for your input.
Hope you sort it, totally unacceptable, but what ever you do keep FULL RECORDS, times, dates etc of all his actions and if possible photos on a time dated camera.....
I tried initially writing to our mayor three weeks ago and she still hasn't responded so, yesterday as he was runnign his rally cars on the track, I completely lost it and emailed the prefecture and the next biggest commune saying that the mayor was not responding. I sent photographic evidence and had a response from both and they agree it is not acceptable and have sent me some text relating to the law on noise and public health. I have been told to report it to the gendarmerie but, I don't see why MY mayor should get away with doing nothing. When this guy was tackled a couple of years ago he said it was acceptable within certain decibel limits and that he was below that and if we challenged him he would just simply run it every day. But, no one questioned or challenged him in fear of him carrying out his threat. I also learned yesterday that he has personally threatened people in the community and they are all frightened of him. One of our neighbours has also said he is extremely racist but, I can not give you the details of this on a public site. But, he is just simply outrageous!! It has been recommended that I pin down the mayor by arranging an appointment. She is away the moment so will have to see what happens.
Your Mayor is responsible for the health & welfare of the community, noise and certainly dust created is detrimental on this front.....Challenge him to do his job!
Law relating to noise in France reads:-
In law, a noise is considered excessive if it is likely to disturb the peace of neighbours or their health by their ‘duration, repetition or their intensity’.
Since 2007, the law on noise from professional activities has been tightened up.
The main difference is between the law and procedure governing domestic noise complaints and that governing disturbances emanating from professional, cultural or sporting activities is that, in the latter case, noise measurements are taken, using the decibel scale.
The noise monitoring equipment will normally be through the public hygiene department in the Préfecture (Direction des affaires sanitaires et sociales - DDASS) who will decide whether a nuisance is being caused.
You may invoke the involvement of the DDASS personally but it would probably be better arranged after discussing the matter with the local mayor who may decide to request the Préfecture to intervene, which will carry more weight.
You can report the matter to the police who again have to take action, You may similarly wish to write direct to the Procureur de la République with your complaint, together with any further supporting evidence
