Three-wheelers with blaring horns or music recordings selling bread and short-eats in Colombo and the suburbs in the early hours have become a common occurrence. But, more than the service provided the inconvenience caused to the public is on the rise prompting people to complain about the noise pollution and irritation caused. A resident of [...]

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Sound of Mu-sick

- Mobile food sellers cause havoc in people’s lives -No proper laws to control noise coming from moving sales vehicles: Police
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Three-wheelers with blaring horns or music recordings selling bread and short-eats in Colombo and the suburbs in the early hours have become a common occurrence.

But, more than the service provided the inconvenience caused to the public is on the rise prompting people to complain about the noise pollution and irritation caused.

A resident of Daham Mawatha Nugegoda, Nimmi Jayawickrema, whose son is studying for his degree examination, says that her son is regularly interrupted in his sleep and studies disturbed.

She said the family moved to this area recently but due to the nuisance caused in the mornings and evenings she has started disliking the area.
“My son studies for a degree while doing a job at the same time. If he studies late into the night his morning sleep is disturbed due to the continuous noise,” she said.

Kelum Navinda Jayasundera (30), also a resident of this area said that bread sellers come there around 4 a.m. to the accompaniment of loud music.

CEA Director Saranga Alahapperuma: No proper laws and regulations on sound limits

He said that the vehicles selling bread come early in the morning targeting the children who go to school. However, the vehicle noise awaken the whole neighborhood including the elderly, the sick, infants and those who do not want to buy bread or buns.

Mr. Jayasundera’s mother Pragnya Bandara said mothers with small children are having trouble putting babies to sleep due to the continuous noise of these mobile bun and bread sellers.

Nimmi: The music disturbs my son’s studies

An elderly resident who requested anonymity as he was living in a nearby lane told the Sunday Times that mobile bread sellers have no care for elderly persons, with some of them having heart problems and high blood pressure.

“The mobile sellers pass hospitals and schools with their loud speakers on causing an annoyance, he said.

Environmental lawyer Raveendranath Dabare told the Sunday Times the permission of the Assistant Superintendent of Police or a higher officer’s approval is needed to use a loudspeaker.

Mr. Dabare said environmental police have the authority to take action against loud noises if a complaint is made on the grounds of causing public nuisance.

He said even a person or a group could file a court case. He said the courts can impose a conditional order and if the law is continuously violated the offender could be penalised.

Kelum: The noise wakes up the whole neighbourhood

Mr. Dabare further said new laws were required with specific controls to deal with noise pollution in both urban and rural areas.

He said the current laws have practical problems when a complaint is made as the offending vehicle is on the move.

The more intense the competition, the more noisy the music becomes. Pix by Indika Handuwela and Nilan Maligaspe

By the time the police respond to a complaint the vehicle may have moved to another area and even if the vehicle is detected there are difficulties in proving the allegation, he added.

K. Prabath, a mobile food seller in Battaramulla said that though he knew about the law he was unaware of the upper limit of noise.

He said there are no limits imposed in travelling in the Battaramulla area and there were five vehicles of other bakeries operating in the area.
He said he is paid by the bakery owner and has no need to compete and said that if every vehicle keeps its noise down, a law would not be needed.

However, most of the sellers increase the volume of the music played to gain the attention of prospective customers.

All Ceylon Bakery Owners’ Association Chairman N.K Jayewardene said the association cannot take any action against the mobile bread sellers as they were part of the industry.

“We are aware of the competition. Sometimes they go past food outlets while trying to sell their products”, he said.

He said these sellers must have approval from an ASP or higher police officer to use a loudspeaker.

We are aware that if a couple of vendors operate on the same route they have different noises as they are competing. This compels them to raise the volume of the noise, he said.

He said the competition among sellers has become an issue. “I’ve seen several such vehicles in certain areas and I’ve seen seven in my own village.”

He said from early morning to evening they play their music.

He said with lack of laws and implementation of the existing laws being poor, the residents are harassed by continuous loud noises coming from different vehicles.
He said Government must step in and make some rules which can be practically implemented to control the situation. Central Environmental Authority (CEA) Director General Dr. Saranga Alahapperuma told the Sunday Times though industrial noise control is governed by the Environmental Act of 1980 there has not been a proper law for noise from vehicles.
He said mobile bread sellers, mobile commercial vehicles, ice cream selling vehicles and lottery stalls have no proper laws and regulations on noise limits.
He said the CEA receives many complaints regarding the annoyance caused by these mobile vendors.
Dr, Alahapperuma who is a medical practitioner said the loud noise not only affect the ears, but also triggers illnesses such as hypertension, stress, heart diseases, diabetes, mental problems, concentration problems and sleeping issues as well as causes sudden shock and high blood pressure.
He said the mobile sellers have been advised not to make excessive noise and maintain a code of ethics when using music in public while giving authority to the Inspector General of Police to take action.
He said a law must be brought because without a proper law police are unable to take action. “We are in the final phase of studying the situation to make proper laws”, he added.
He said some of the proposed new rules include making a specific tune compulsory for all vendor vehicles and maintaining a certain decibel limit.
He said that these sellers will be given a specific time to switch on their loudspeakers in the morning and should reduce the volume of the noise according to the time of day.
He said the Central Environmental Authority is planning to present the law within six months after a complete study of the situation.
Environmental Police Unit head Quintus Raymond declined to comment saying he was not authorised to do so.
Police Spokesman Senior Superintendent of Police (SSP) Ajith Rohana said that though the police have powers to control vehicle noise and authority to advise religious places about noise limits in the morning, police could take only limited action due to lack of proper laws and regulations relating to vehicles used by mobile food sellers.
“We can take action for public nuisance under the Criminal Procedure Code if anyone lodges a complaint. Accordingly a fine could be imposed”, he said.
He said there should be a set of rules to control noise pollution coming from mobile food sellers.

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