Exhausts - and hoping for some TC flavoured advice

Message

Aladinsaneuk · #1 Post by **Aladinsaneuk** » Sun Apr 26, 2009 9:02 pm

our local traffic cop around beccles is starting to piss us off

his latest trick is issuing on the spot £30 fines for noisy/loud exhausts

now he does not have any equipement for measuring the decibels, just his ears

he has been throwing tickets around like confetti - his best haul being 6 in one hit who all had road legal arrow exhausts - all were threatened with tickets - as one they all said that he could give them the summons - the nice police man then got shirty and told them just to go....

he has stopped some one - a friend, and pointed to where a plate had been removed and said - i bet that said "not for road use" here is your £30 ticket (It had actually said fuel exhausts but....)

now I think this is just another income generator - and is a little dodgy - when I get stopped I will not just take a ticket but insist on a summons but am interested in others take on this

Gaggenau · #2 Post by **Gaggenau** » Sun Apr 26, 2009 10:16 pm

I am the mentioned friend, i was pulled over by the local fuzz, and as said was given a £30 fine for "no exhaust" was writen on to the fine slip i was given, now the copper had a bee in his bonnet that the plate that was rivited to my cans that had the bsau numbers on, was somthing that could be bought of E-bay, and under it he believed was stamped into the can that said "not for road use", and "proper" cans have the relevant info engraved in to the can, oh and had no baffles in either

Now since then i have removed the plates and have found no such lettering on the cans taht say "not for road use", so on either of the cans there is now no marking at all, no bsau numbers and no "not for road use" stamps on, as there wasnt any on in the first place.

I have got some viper baffles for them (viper cans) wich have been put in and looks all hunky dory.

What i would like to know is, can i be done for having no markings on at all, does this constitute as having race cans, bare in mind that viper road legal cans come with a foil sticker with the bsau and relevant markings on, which could come off.....

Your input would be verry much welcome...especialy from TC (reliabley informed by aladinsane you are pretty clued up on this sort of thing)

TC · #3 Post by TC » Mon Apr 27, 2009 10:15 am

Ask the question "Are you a qualified Vehicle Examiner?" Local beat bobbies can carry out a basic inspection of lights, brakes, tyres and horn and the like, but only a Traffic Officer (authorised, I belive it is still section 52 of the Road Traffic Act) can carry out a more detailed examination and impound the vehicle for that examination as the representative of the Chief Officer. To this end, a Traffic Officer carries a card with that authorisation and you are entitled to see it.

To this end, a normal beat officer can report for obvious defective exhausts, but for loudness, then it would have to be a traffic cop who has all the decibel recording equipment.

The markings are a guide, it is (if I remember correctly) not enforceable, but I really need to read up and check the points of law on this.

The legislation regarding the issue of an MOT states with regards to exhausts -

The law says that your bike will fail the MOT if:-

a. Any part of the exhaust system is missing or excessively deteriorated.

b. A leak in an exhaust system which causes excessive noise to be emitted.

c. An exhaust system mounting missing or one which is in such a condition that it does not fully support the exhaust system.

d. silencer which is in such a condition or is of such a type that the noise emitted is clearly in excess of that which would be produced by a similar machine fitted with a standard silencer in average condition.

e. A silencer fitted to a motorcycle first used on or after 1 January 1985 which is not marked with either:-

* The make and type specified by the motorcycle manufacturer.
* British Standard classification BSAU 193 or BSAU 193a or an EEC approval number prefixed by a small 'e' marking or an ECE approval number prefixed by a capital E.
* A silencer marked 'NOT FOR ROAD USE', TRACK USE ONLY' or similar words.

It then qualifies it by stating -

If you have an exhaust silencer that is an after market type which has no markings such as OEM No's, E marks or race only it's not illegal. Even if it is slightly louder than the OEM silencer.

It may be worth nipping down to your friendly MOT station and having a word with them, but I would suggest that the copper is issuing or threatening tickets without much legal foundation.

wavey · #4 Post by **wavey** » Mon Apr 27, 2009 11:06 am

Is it true that new legislation is about to be introduced about cats in exhaust cans? ie you must have a cat fitted at MOT time if there was one originally?
Dave

Aladinsaneuk · #5 Post by **Aladinsaneuk** » Mon Apr 27, 2009 2:28 pm

TC I thought you would be the man and indeed you are - my thanks and let me get you a beer when ever we meet :)

Gaggenau · #6 Post by **Gaggenau** » Mon Apr 27, 2009 4:07 pm

You are a star TC, i will keep this info for another time if, more probably when i get pulled over again

Gaggenau · #7 Post by **Gaggenau** » Tue May 05, 2009 11:25 am

I dont suppose you have a link or could point me in the right direction to where that peice of legislation is on the internet TC????