Excessive noise

No person shall use or cause or permit to be used on a road any motor vehicle or trailer which causes any excessive noise either directly or indirectly as a result of– (a) any defect (including a defect in design or construction), lack of repair or faulty adjustment in the motor vehicle or trailer or any part or accessory of such motor vehicle or trailer; or (b) the faulty packing or adjustment of the load of such motor vehicle or trailer: Provided that it shall be a good defence to proceedings taken under this regulation– (i) to prove that the noise or continuance of the noise in respect of which the proceedings are taken, was due to some temporary or accidental cause and could not have been prevented by the exercise of due diligence and care on the part of the owner or driver of the motor (ii) in the case of proceedings against the driver or person in charge of the motor vehicle who is not the owner thereof, to prove that the noise arose through a defect in design or construction of the motor vehicle or trailer or through the negligence or fault of some other person, whose duty it was to keep the motor vehicle or trailer in proper condition or in a proper state of repair 128 or adjustment or properly to pack or adjust the load of such motor vehicle or trailer as the case may be and could not have been prevented by the exercise of reasonable diligence and care on the part of such driver or other person in charge of the motor vehicle.