Leisure noise

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Recreational noise arises from facilities or human behavior patterns in the exercise of activities in leisure time , i.e. during non-gainful activities, regardless of the time of day .

Problems with recreational noise can arise from the use of loud exercise equipment in recreational or residential areas . Especially amateur pilot , motor boaters , sport shooting and other circumstances as noise generating (eg perceived pastimes music make or play) often encounter resistance of the population directly affected.

The neighborhood to open-air swimming pools or fun pools , tennis courts , football fields , adventure playgrounds , or even to discos , beer gardens , street cafes, kart tracks, skateboard pipes, etc. triggers conflicts that often have to be resolved by the district offices or administrative courts . Many federal states have passed recreational noise guidelines that regulate the maximum permissible noise immission .

The requirements for the construction and operation of a sports facility are regulated in the 18th Ordinance for the Implementation of the Federal Immission Control Act (BImSchG) ( Sports Facilities Noise Protection Ordinance - "18th BImSchV" ).

Sports noise often occurs at times of the day when noise is generally not expected, e.g. B. at the end of the day or on Sundays and public holidays and in the off- peak times (between after-work and twilight ).

Leisure noise can be grueling and seriously hazardous to health if you cannot escape it. Example : residential building next to an outdoor swimming pool. Here, on all sunny days when the home owner wants to use his garden for his own recreation, long-term continuous sound levels in the hazardous area, 70 to 80 dB (A), permanently affect the home owner or tenant for approx. 12 hours a day.

A special form of leisure noise is the noise pollution caused by motorcyclists, as it occurs in local recreation areas around large cities. Motorcycles are used here as sports equipment, especially on weekends when the weather is good on scenic routes - and especially on acceleration routes, they put a lot of strain on residents. Current measurement methods are inadequate for motorcycles because the noise development depends to a large extent on driving behavior. A motorcycle at full throttle can be perceived as just as loud as 1000 motorcycles at idle. This range is much smaller for cars. In addition, many racing exhausts are available in the accessory trade, which make the motorcycles even louder. Example: The Steinfurt police pulled a motorcycle out of traffic in August 2006 after a sound level measurement of 108 dB (A).

Since 2016 a new legal situation has been in force for newly registered motorcycle models, according to which a noise limit value that is 2-3 dB lower must be observed. However, this limit value is still measured in a speed range of up to 80 km / h, which can hardly be checked by the police on site. Last but not least, there is no obligation to carry out the actual tests when applying for EU type approval. A written assurance of compliance with the standard is sufficient.

The use of flaps in the exhaust that open while driving, to consciously increase the noise, is no longer allowed on newly registered motorcycle types, but installation is still legal, as is exhaust pots from the aftermarket for the new limit values ​​will only apply from 2020. In addition, already approved motorcycle types and exhaust systems enjoy inventory protection. The BUND , which is involved in the area of ​​motorcycle noise, therefore sees little prospect of any foreseeable relief for the residents concerned.

In the Black Forest, good experiences have been made with a display of the volume of passing vehicles. The number of loud motorbikes could be reduced by 50%.

In Germany, both private law (see Section 906 ) and public law (including the BImSchG) enable those affected by noise to defend themselves against the annoyance of leisure noise. The Administrative Court of Göttingen ruled on February 23, 2005 that a resident, if the maximum permissible immission guide values ​​are proven to be exceeded, is entitled to the inclusion of special usage permits that guarantee his noise protection before and during an event. The court found that the plaintiff's health had been seriously and permanently impaired and damaged by serious noise pollution (AZ: 1 A 1214/02, preventive noise protection against events).

Individual evidence

  1. Sound hobbyist, Motorrad online, 7/2014 ( Memento from September 20, 2014 in the Internet Archive )
  2. a b And they just keep rattling ... , by Barbara Schmickler, NDR, May 6, 2016
  3. Jost Maurin: Motorcycle noise in Germany: Where the crackling annoys . In: The daily newspaper: taz . August 4, 2018, ISSN  0931-9085 ( taz.de [accessed on August 8, 2018]).
  4. a b Superlegal police fools: From the Kesstech advertising ( memento from May 24, 2016 in the Internet Archive ), BUND, January 18, 2016
  5. Sound or impertinence? , Motorrad online, 2/2015
  6. Why are motorcycles allowed to be unbearably loud? , by Ulli Kulke, Die Welt, November 15, 2015
  7. Local residents frustrated: Motorcycles can keep making noise , Ostthüringer Zeitung, January 18, 2016
  8. Lower Saxony Higher Administrative Court

See also