We have decided to maintain also the copy of the rough draft of the decree, in order to evidence as the same one has been conditioned from chosen of compromise that we think excessively favorable to the owner of the motoristiche tracks . They have been therefore granted to a number of unlimited noise days and a level of acoustic pollution, than the committee considers excessive.
With all, we consider a positive event the approval of the regulation, if the limits and the modalities of control, will be truly applied and consider this as a first step to obtain the progressive reduction of the injurious effects of the noise.
The Comitato Civico Antirumore di Biassono, Autodromo Si, Rumore No ! it is risen in 1991 and it has carried out a assiduous activity in all fields allowed from the actual legislation, in order to limit the excessive noise produced from the car and moto racing activities of the race track of Monza. The committee has introduced in the 93, after two years of preparation, one huge legal report about the noisy emissions after that several attempt to involve the control functions of the public authorities were found useless.
The assiduous activity of the committee has contributed, together with the 'Comitato per il Parco' (Committee for the Monza Park) to the conclusion of a first degree of judgment, in the 97, after that well known national and international organizations like LegaAmbiente (Ambient League) and WWF had not been admitted to the judgment like plaintiffs.
The sentence of the judge (Pretore) Manzi declared the illicitly of the noise exceptions several times granted to limits of noisiness from the mayors of Monza. Despite of the declaration, has been granted to the race track managers the oblation of the crime, that is the payment of one simple fine (to erase the crimes of disturbance of the rest and the occupations of the persons).
The 10 July 1998 the First penal Section of the Court of Cassazione (higher level of judgement revision in Italy) did not pronounced in favor of the cancellation of the Sentence of first degree, emitted from the Pretore di Monza the 29/11/1997, in the comparisons of the management of the SIAS/Automobil Club Milan , owners of the automobile race track of Monza, for violation of limits of noise. The SIAS advocate in fact refrain from the judgement in such sense introduced, endured before the first audience of the 10/7/98, where the Committees (Antinoise of Biassono and the Park) they have been represented by the adv. Italo Reale (Greens parties federation).
It is necessary to notice that, as far as the exceptions granted from the Mayor of Monza, ( as an example 49 in 1998), the sentence of first degree of judgement was so confirmend, asserting that the same ones had to be considered not consistent to the law. To such purpose the regulations (decree n.304-2001), entered now in force (from 10/8/2001) fixes in 30 (37 for the more important circuits, between which Monza) the maximum days of possible exception. Therefore, considering that the same one had in theory to enter in force from 1996, it may be estimated how many illicit authorizations have been granted in 96-2001 (at least in the spirit of the law n.447 of 1995 and the regulations n.304-2001).
Among the more recent activities, the committee has activated itself for the conclusion of iter (working with ambient ministry...) to allow the appropriate regulations of execution as from art.11 of the LAW 26 October 1995, n. 447 relevant to the activities of the car and moto race tracks.
The committee push for the necessity of insertion of clauses of effective safeguard of the limitation of the noise, that is on the introduction of absolute limits of number of days for year and level of noise for the tracks so as to find a point of equilibrium between necessity to guarantee the development of the manifestations of international level and that one to guarantee to avoid secondary race with no relief apart great noise emission.
Between documents available on this site you can find the report RTI 1/98-amb-acus (September 98) of the National Agency for the Protection of the Atmosphere to support of the preparation of the regulations of law enforcement 447/95, with measures on the Italian race tracks Mugello, Imola, Vallelunga and Monza.
Another useful reference is the DPCM, 14 November 1997 ' Determination of the values limit of noise sources', where the sources are classified, as well as the limits of emission and the acoustic zones, in harmonization with the Europe Community directives in matter. To such aim it was necessary to take into account also the the Green Paper ' FUTURE NOISE POLICY' of European Commission (1996).
For the ones that like to have an idea of a 'normal day' of race (not F1!! that it is a much worse) it is enough to click to side, in order to consult recent measurement (16/5/98, posterior and therefore in disobedience to the Sentence of November 97!!!) and with a level maximum equivalent (Leq) from the 9 to the 18:30, that it would have reauired to use an exception day according to the decree n.304-2001 being of the order of 10 times greater than the limit as in the decree [ nearly 80dB(A) instead of 70dB(A) ].
The commitee obtained recently an important result: the application of an italian law (ex. art.700, foreseen to avoid irreversible and inmediate damage) to the Monza race circuit case, so from now on the application of noise reduction control devices will be mandatory.
This is because the law recognise the priority of the population health against the commercial activities (that are just a degree of freedoms and not rights in the italian constitution).
So it is more important the health of any citizen than the commercial activity, furthermore considering that applying a noise control device it is easy to reduce the disturb !
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