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Originally Posted by Patch
OK here is my understanding of what is and is not the state of the law based on research since first commenting on this thread. I do not claim that this information is absolutely correct but it is an interperatation of what I can find.
The EU set standards for noise and emissions and any "EU" approved silencer is marked with either an E number or the correct BS number. Ammendments to UK construction and use legislation made it an offence for any retailer to sell a silencer not marked either with an approved E/BS number, the words "not for road use" or as being for bikes that date pre 1985.
The MOT test was ammended to check that the silencer was correctly stamped however this contravenes international trade laws and was ammended last year to a check that the silencer is not stamped Not for Road use and that the noise level is acceptable when compared to other similar bikes.
It is perfectly legal for anyone to purchase a silencer which has an acceptable noise level from say the USA or Aus and fit it to a bike in the UK if it has no stamp.
As far as I can discover (if I am wrong I apologise) there is no law which states that a bike silencer has to be stamped. I may be wrong and so I would ask that any of our boys in blue check and reproduce the ACT and wording of the Act that would make it an offence.
So the situation as I see it is that the police can stop you for a loud exhaust if they hear it and form an opinion that it is louder than is acceptable. They can then issue you with a recitification notice and a £30 on the spot fine. If you accept the fine you have no appeal process. however if your exhaust is baffled and is genuinely not "not for road use" then there is a legal challenge open to you.
Note filing off the not for road use will get you in serious trouble if you then claimed that the silencer was legal.
Where do I sit on this? I have after market silencers fitted to the GS and VFR they are Remus have baffles and neither has any stamp as they are both "grey" imports.
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You are correct what you have said Patch, you are always one for indepth research...but although i do not want to insult peoples intellegence i also dont want to confuse people,
You do not legally have to have a BSA or E marking stamped on the exhaust, however as you stated all, the supply of exhausts in the UK must have these markings...i have been told that there are no changes yet in relation to Construction and Use legislation, the only reason that you would not have these markings is if 1. it had stamped not for road use or 2. it was imported outside of the UK....
s.1motorcycle noise act 1987 and regs 3,4 &5 motorcycle silencer and exhaust systems regs 1995
in relation to point 2, the exhaust once fitted will have to conform to the same noise level restrictions already set in the UK...if it does not then this will be illegal (and if a PC thinks that it exceed this then he can issue a VDRS) So basically the majority of people..they will have e markings...if you dont you will be able to prove this with a doc production....
(as i said patch originally i will let you all know if/when the legislation changes...we are sent ammendments..)
I have spoken with my local MOT inspector who states that the laws may have changed MOT wise but they are only bringing them into line with CU legislation.... he stated previously before it was changed someone could pass an MOT with an illegal no. plate and then ride out onto the road and get stuck on by the police....this has now been ammended and so no.plates are part of the inspection....he did say that there are alot of grey areas but these will be ironed out in time.....
I am going to see the MOT guy in the near future to discuss the changes in more detail...and see how that differs from CU leg....over a cuppa of course
Hope this helps..
Sorry been busy on nights....so i will try catch up with any other questions later..
Regards
Fraser