After Market Exhausts And Police

[millsy13]

Hi,

I decided to drive up to my parents in Kirrie on Friday night, as I drove into their drive way two police officers appeared and decided to tell me that my exhaust on my car was illegal. Now at first they claimed I had been driving on a road that I had not been and then told me my exhaust was illegal although they had no testing equipment with them and had no way of testing the car. When I asked how they could tell this they told me - There are two ways of dealing with this, you get a producer and have to change the box and get it checked at an MOT station or they could charge me.

I had little choice but to take the first option, now what I want to know is has anyone else had this problem and where legally do I stand on this issue, I have 21 days to sort the "defect". I am running a hayward and Scott system on my 08 STI hatch which is louder than the standard car but not loud. The WPC who gave me the ticket admitted she had no idea when it came to cars

I am pretty annoyed by this as it appears that the onus is on me to prove that the car is legal and not them to prove it is illegal and it appears I was in the wrong place wrong time as the police attitude was not great during this whole encounter.

Can anyone offer any help

Willie

Edited September 1, 2008 by Millsy13

[emoe]

I am afraid you have to compy or recieve a summons for non comliance.

If the officer believes your car is not of legal standard, then they can give you a rectification order which is what you have. If they have test equipment, then they can test in the roadside and issue a fine there and then.

in your case, Legaly you must replace the back box and have an MOT station check it and stamp the form, you then send it to the address on the form.

Nothing else happens, you get no fine nor points.

However, if your exhaust isnt that loud, then have the MOT check it, (normally they will listen and if its not obtrusive you will be fine) and thats it.

If your exhaust is OBVIOUSLY way loud, then you might get stopped again.

After three times of being stoppped for this offence, you can be prosecuted and the car siezed and crushed.

Edited September 1, 2008 by emoe

[millsy13]

Cheers Emoe,

The exhaust is not that loud I have booked the car in to have it changed over anyway guess I was in the wrong place wrong time

[emoe]

  Millsy13 said:

Cheers Emoe,

The exhaust is not that loud I have booked the car in to have it changed over anyway guess I was in the wrong place wrong time

Sounds that way to me too.

Have the pipe checked before changing it mate!

[RA Dunk]

if its not that loud i would hold off till you get it checked at a MOT station TBH, theres alot of loud cars sail through MOT`s as they are without having to remove them, if yours isnt that loud i wouldent worry too much, im thinking Mr Plod was having a bad day!

but for peace of mind get it into a MOT station, if they say its ok stick with it

[stubaroo]

Willie,

Don't change it until an MOT station absolutely confirms that you are indeed breaking the law.

No doubt it cost you a bit and I bet you love it.

Your description of events sounds almost like the officer in question may have been just winging it!

[sti pretender]

I've got a bung for the Type R to keep things quieter when I need and car passed the MOT. Cheaper, quick and easy to fit and remove.

[Casper Spec D]

A exshuast is only deemed illegal by a M.O.T tester and the only thing the police can do you for is thru the asbo laws that are in place if the car is tested by a decible reader.Which is due to it being to loud and bothering other peope my freind had the same problem took it to a m.ot station and the guy said the exshuast was fine as it was whole thru its entire lenght,fitted the car and past the cat test so it met the legal requirements of a M.O.T and was fit for use.Stamped his ticket cost £20 and handed it in after photocopying it to stop any further tickets being issued.Hope that helps,it does sound a bit like wrong place wrong time as people said.

[pinchers]

I would get the MOT station to send an invoice to the ploice station for having them test ur exhaust, just cause the WPC is having a bad day and doesnt have a clue doesnt mean you have to foot a bill. I hate when stuff like that happens who's to say the WPC can tell when an exhaust system is excesive, i dont see any certification of training.

Bloody terrible, im just having a bad day BTW

[P1_Paul]

If they're getting you on section 41(2)c of the RTA 1988 and you have an import, quote 44b and tell them to jog on.

Won't work with a UK car though.

Edited September 1, 2008 by P1_Paul

[RA Dunk]

wots all this 44 b and 44c stuff likes? me have an import so could come in handy sometime

[superstar_tradesman]

  Ac!D said:

wots all this 44 b and 44c stuff likes? me have an import so could come in handy sometime

I'd like to know too.

[pmacFTO]

I imagine it is a sub-section of the Road Traffic Act from 1988 and it says a certain volume is allowed for a car which is an import.

http://www.opsi.gov.uk/Acts/acts1988/ukpga_19880052_en_4

Section 42 relates to 41 which is where the relevant part is

Edited September 1, 2008 by pmacFTO

[P1_Paul]

41(2)c refers to not altering the car if it increases noise, section 44 refers to the exceptions to section 41 and paragraph 'c' states - "of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom". If they can interprete and read into the technicalities of this act, so will I!

[cusco kid]

hi m8 i have the same exhaust on my 08 sti

1) ask haward+ scott to give you there decible levels of manufacture

2) ask the traffic department to give you the adderess of local mot inspectors that can check with a decimeter to see if it complies with the law

3) if that fails use the old rally car trick bore a hole near the box on the exit pipe and stuff loads of wire wool up the pipes then use large split pins to stop wire wool from comming out ,after test remove pins ang blow the wool out when revving the motor .worked for me for years in rallying geo

[Spaceman]

wire wool i love that one geo might need it for doune hope no scruts reading this lol you comin up to the hill on thurs night wi kev?

[RA Dunk]

  cusco kid said:

3) if that fails use the old rally car trick bore a hole near the box on the exit pipe and stuff loads of wire wool up the pipes then use large split pins to stop wire wool from comming out ,after test remove pins ang blow the wool out when revving the motor .worked for me for years in rallying geo

lol nice one!!

[st3ph3n]

I wonder how mine would go without the bung. It's only 114db from memory

[millsy13]

I have spoken with H&S and I am awaiting some more info, the MOT testing station I can use in in Perth although I was parked on my parents driveway at the time so I was wondering if they can actually do me for the so called offence when not actually sitting on the road.