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-   -   Will I get nicked for a non-legal can? (http://forums.sv650.org/showthread.php?t=127712)

Red Herring 16-03-09 09:38 PM

Re: Will I get nicked for a non-legal can?
 
Exhausts that do not conform to regulations, ie: they do not have the BS/E markings and especially if they have "Not for road use" or "For racing purpose only" are techniclly illegal and they can be dealt with in several ways. You can be reported for summons in the old fashioned way, this means the copper has to write a report and submit a file (not likely unless there are other jobs as well), they can issue a fixed penalty (£30 no points) OR they can give you a rectification ticket. Technically when they issue you with a rectification they are reporting you for the offence, however provided you fix the fault/put it right within 14 days then they will not submit the file. They cannot give you a fixed penalty and a rectification. It's also worth bearing in mind that the rectification does not mean you can ride around for 13 days without getting done again....you're back in play as soon as you ride away.
Altering the exhaust to try and make it look legal, ie: polishing out the markings or adding your own, is a crime rather than a road traffic offence, however they do need to prove you did it, which without an admission on your part might be hard, unless you were daft enough to buy the plate on your credit card....

As for number plates anything smaller than a barn door is illegal, however guidelines are that if it can be read at 20.5m then it should be advice only.... however they are guidelines and you're being an @rse expect them to get bent.

ethariel 16-03-09 10:17 PM

Re: Will I get nicked for a non-legal can?
 
The only thing anyone ever mentions about my Sv is that my tax disc is out of date (might get round to taking the holder off one day - silly security allen bolts that i lost the key for...ggrrrrr).

Never mentioned the small plate, the slogan on the plate ot the baffleless can (other than to be asked if he can rev it a couple of times and then walked off chuckling).

Respect the person pulling you an d you will probably get clean away, be an @rse and ecpect to reap the whirlwind.

dizzyblonde 16-03-09 10:23 PM

Re: What the worst that can happen?
 
Quote:

Originally Posted by fizzwheel (Post 1824591)
Or they can prove that you did polish it off.

.

mines written there as large as life, but you'd think with all the polishing of bikes I do, it would have magically disappeared in the 8 years its been on the bike;)

Magnum 16-03-09 10:45 PM

Re: Will I get nicked for a non-legal can?
 
Just dont speed near a police car, and keep it in a high gear when going past one.

fraser01 16-03-09 11:05 PM

Re: Will I get nicked for a non-legal can?
 
LOL if you want to have illegal cans and plates on your bike then that's your responsibility but take it on the chin when you do get issued a fixed penalty ticket and Rectification notice.

The legislation is in place, it all depends on what the officer decides at the time, remember not all coppers are bikers so they may not know what they are looking for.. And guidelines vary from force to force.

Plates and exhausts are non endorsable ticket offences, i.e £30, no points.

keith_d 16-03-09 11:13 PM

Re: Will I get nicked for a non-legal can?
 
I'm not an experienced biker or a Plod but I've seen a few of these threads around and it sounds like the general rule is that if you're riding safely and don't make an **** of yourself they probably won't stop you. If they do it will probably be a Rectification notice and maybe a 'producer'

On the other hand if you're riding dangerously and give the guys that pull you a lot of lip they'll do you for Speeding and two Construction and Use offenses. That's nine points and you'd better ride carefully or you'll be on the bus before long.

After all, the whole point of discretion is to allow the police to nick the people who are a danger to themselves and others without wasting their time on people who're riding safely. but maybe a little more quickly than they should.

Of course this doesn't apply in North Wales where speaking anything except Welsh is an automatic three points.

Keith.

ranathari 16-03-09 11:23 PM

Re: Will I get nicked for a non-legal can?
 
Quote:

Originally Posted by kwak zzr (Post 1824605)
remember those bsi engraved badges you could stick to your can? if it had bsi written on it then it made it bsi approved altho the badges looked stupid and old bill and mot stations knew they were fake? explain that then.

They're not legal, end of. They may have been but they're not now.

Geoffrey 17-03-09 12:48 PM

Re: What the worst that can happen?
 
Quote:

Originally Posted by ranathari (Post 1824466)
Polishing off the "not for road use" disclaimer turns a construction and use offence into a dishonesty one, which is legally more serious.

having a race use stamped or unstamped can is the same thing so i cannot see why you will be punished any further as a can needs to carry an approved stamped in the eyes of the law to be road legal

my nipper received three points for having an illegal exhaust on his old bike but he had been given four fixed penalty fines prior to this for the same offence.

-Ralph- 17-03-09 01:11 PM

Re: Will I get nicked for a non-legal can?
 
ACPO guidelines say illegal number plates should not lead to prosecution unless they are unreadable from 20.5 metres, but advisory action should be taken. But this is only a guideline, police forces can choose to enforce the law to the letter if they have some idiot like Brunstrom at the helm. Same goes for illegal dark visors during daylight hours.

As for the can, the SV can pull from 2500 revs, just keep it quiet through villages and when you see a police car and your not likely to get pulled. If one comes the other way through town or I'm passing a stationary one I just close the throttle and let the engine run on until I'm past.

Maybe best to keep your baffle under your seat and put it in if your stopping at a bike meet that often has a police presence.

ranathari 17-03-09 02:36 PM

Re: What the worst that can happen?
 
Quote:

Originally Posted by Geoffrey (Post 1825189)
having a race use stamped or unstamped can is the same thing so i cannot see why you will be punished any further as a can needs to carry an approved stamped in the eyes of the law to be road legal

my nipper received three points for having an illegal exhaust on his old bike but he had been given four fixed penalty fines prior to this for the same offence.

Polishing it off is not the same as just not having an approved stamp. If you polish off a "not for road use" mark then you're essentially acknowledging that the exhaust is going to be used illegally and attempting to conceal that, which is a criminal offence. Merely lacking an approved stamp (if the manufacturer didn't put one on) is just a civil offence.

The latter is trivial, the former will show up if you ever have to declare any criminal convictions. It'll show up as perverting the course of justice or some other dishonesty offence without any further clarification, which can be a complete job killer.


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