NOISE CONTROL; MOTOR VEHICLES;

POLLUTION - NOISE; MOTOR VEHICLES (GENERAL);

Connecticut laws/regulations;

You asked if a constituent has recourse under state air or noise pollution laws against a neighbor operating an all terrain vehicle (ATV) on private property. The Office of Legislative Research is not authorized to issue legal opinions and this should not be construed as one.

Several state laws appear to apply to the noisy operation of an ATV. The law explicitly prohibits someone from operating an ATV (1) so that the exhaust makes excessive or unusual noise, or (2) without a functioning muffler that meets legal requirements (CGS § 14-387).

In addition, noisy operation of an ATV may violate state regulations regarding maximum vehicle noise levels (Conn. Agencies Regs. § 14-80-1a et seq. ). The noise regulations apply to motor vehicles suitable for highway use and to snowmobiles (Conn. Agencies Regs. § 14-80a-2a). By themselves, these regulations would not seem to apply to ATVs because ATVs are not considered motor vehicles suitable for highway use (CGS § 14-379).

However, CGS § 14-80a applies the noise regulations to all vehicles, not just motor vehicles. Since, by law, a vehicle is any device, except those running on tracks or powered by humans, suitable for transporting people on wheels, runners or cushions of air (CGS § 14-1(90)), the noise regulations would appear to apply to ATVs.

Violation of each of these provisions is an infraction. Your constituent might wish to contract local officials if he believes the ATV operation violated these laws.

Your constituent also might wish to contact local police or town officials to learn if the vehicle’s operation violates any local ordinances. State law authorizes municipalities to define, prohibit, and abate nuisances detrimental to the health, safety, convenience or welfare of its inhabitants (CGS § 7-148(c)(7)(E)). The law also authorizes towns to regulate the use and operation of ATVs in a manner consistent with state law and regulations (CGS § 14-390).

The constituent might also wish to consult an attorney about the possibility of bringing a civil action.

The ATV’s operation would not violate the state’s Noise Pollution Control Act (CGS § 22a-67 et seq. ), which applies only to stationary sources. Because they are not considered motor vehicles suitable for highway operation, ATVs also are not subject to the motor vehicle emission laws (CGS § 14-164c).

PF: ro