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-   -   New can required - or I get an ASBO! (actually a Section 59 it now seems). (http://forums.sv650.org/showthread.php?t=141745)

DavieSV 29-10-09 08:40 PM

Re: New can required - or I get an ASBO!
 
Pardon me if I'm wrong. I'm not qualified in any way in this area, but isn't the asbo for anti social behavior not because his can's illeagal.

He could quiet his can down to the level required by an MOT test but could still get an asbo if the noise is still affecting other peoples quality of life.

You could get an asbo for just walking past someone house to many times, if it appears that you are doing it maliciously.

That's the beauty of an asbo, they can nail you for anything that appears anti social.

It appears to me that the officer in question was fair, He gave you some friendly advice when he could have done you for the can there and then.

My advice would be to do as the police have requested and get a E stamped end can with removable baffles, then you have done exactly as the officer requested. Ride to work with the baffles in, then take them out when you feel the urge. or slip on your race can at weekends

jambo 29-10-09 11:53 PM

Re: New can required - or I get an ASBO!
 
Technically I think he'd get a section 59, which is the vehicle equivelant of an ASBO.

Coming across as helpful has gone well for you so far, stick with that. Do make a note of the policeman's name and number if this goes further but the wonder of this type of legislation is that as you've not been formally convicted of a crime, the evidence needed is totally subjective. Getting into an argument is not what I'd be doing first.

Get a baffle fitted, or fit one yourself ASAP. Then see if you can contact the police officer who you spoke to last time to actively inform him that you've made the change and to ask him to contact you directly if there's any further complaint. You then come accross in the best possible light, and you have evidence you attempted to comply if you wish to fight this later.

Jambo

thor 30-10-09 08:02 AM

Re: New can required - or I get an ASBO!
 
That's exactly what I have been trying to do. Only I didn't make note of his name or number. I left a message at the cop shop, but they haven't got back to me. I was going to ask them to pass on my apologies to the resident!

454697819 30-10-09 08:49 AM

Re: New can required - or I get an ASBO!
 
Quote:

Originally Posted by Spiderman (Post 2080064)
how very annoying for you mate. I now one thing, the fact it passed an MOT sadly has no relevance to the cans legality or suitability to the road use.

If a cop says its too loud then its too loud :roll:

I would however be tempted to go to the station explain your above predicament re the can being a legal can, your intention to fit a baffle as your only real option and ask if you can have someone from their bike team inspect the can and give a second opinion or at least make a note that a baffle is not currently fitted. That way when you do fit one you can go back and get it signed off or approved or whatever by them.

Basically show them you are attempting to comply but wont go to the cost or trouble of replacing a legal item just cos one person says its too loud for their liking.

if you drove a Lambo or a GT40 would they be within their rights to demand you change your car to something quieter? Dont think so. So go down the road of "happy to comply and do all i can" but "not willing to spend my hard earned to replace something that is inherently legal to own and use".

surely if a cop says its too loud it is for him to prove it exceeds the 89db legal requirement, until such time as that is the case surely he can go swivel, If the can is used in unsociable hours that is different.

A section 59 is a warning, not an asbo. the section 59's allow the police to impound the vehicle if spotted doing the same thing again, IIRC

plowsie 30-10-09 09:34 AM

Re: New can required - or I get an ASBO!
 
I don't actually know what the Section 59 is actually issued for, but the consequences are not very good (next time you get one, bike or car (not sure what the case is with this but think it counts for YOU not the vehicle) your vehicle gets seized and will cost you £105 to get released). Pretty much, mine got issued for dangerous driving on several occasions and because the one time a police car tried to turn round I was gone and in my garage before they come down my street.

I thought it was just 3 points for a loud can, or is that when there in a not for road use stamp?

Dave20046 30-10-09 10:15 AM

Re: New can required - or I get an ASBO!
 
Quote:

Originally Posted by 454697819 (Post 2080398)
surely if a cop says its too loud it is for him to prove it exceeds the 89db legal requirement

I got stopped and argued that so he just found something else to do me with. If you know your in the wrong it's a safer bet not to argue the toss on technicalitys.

Richie 30-10-09 12:03 PM

Re: New can required - or I get an ASBO!
 
Quote:

Originally Posted by Dave20046 (Post 2080455)
I got stopped and argued that so he just found something else to do me with. If you know your in the wrong it's a safer bet not to argue the toss on technicalitys.

Spoken like a very mature young man.

Well done David.:smt023

Speedy 30-10-09 01:05 PM

Re: New can required - or I get an ASBO!
 
Or next time you get stopped, pretend you don't speak english! You'd get away with it then!!

There are more serious crimes happening in this country than loud exhausts!!

So sad they pick up on the minor things, but are too scared to tackle a group of teenagers graffitiing or harrassing pensioners!!!

Makes my blood boil.

Dave20046 30-10-09 01:15 PM

Re: New can required - or I get an ASBO!
 
Quote:

Originally Posted by Richie (Post 2080551)
Spoken like a very mature young man.

Well done David.:smt023

:thumbsup:


(luckily you seem to have missed my previous post :-dd)

ArtyLady 30-10-09 01:23 PM

Re: New can required - or I get an ASBO!
 
Sorry to hear this mate - what a load of f****g b*****ks :mad: that is all


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