New can required - or I get an ASBO! (actually a Section 59 it now seems).

Next time he speaks to you just tell him you can't hear him because your can has made you deaf

I would fit the baffle and get a decibal reading and unfortunately if it is over you would have to change it.
Different sounds give surprising readings and you may find that it is legal with the badfuffle in.
Wolf make one that actually is a noise limiter and fits into the pipe before the can if that is any use.

ASBO's are actually quite hard to get...

IIRC
A section 59 is issued to curb anti social vehicle use and it is issued against the vehicle not the driver. if the vehicle is seen being ridden antisocially again they can issue a sec 60, impound your bike and charge you about 115 squid plus storage costs for its return.

Originally Posted by Richie

Spoken like a very mature young man.

Well done David.

okay so fair point but the copper really is being an **** in my opinion.

[Red Herring]

I have to say this is an alternative approach to the usual noisy can problem, however it may not be quite as straightforward as the copper is making out.

The Legislation:

Section 59 Police Reform Act 2002 states that -

Where an officer has reasonable grounds for believing that a motor vehicle is being used in a manner which contravenes Road Traffic Act Section 3 (Careless Driving) OR Section 34 (Driving elsewhere than on a road) AND also the manner of use of the vehicle is causing or has been causing or is likely to cause, alarm distress or annoyance to members of the public, Section 59 can be used to:-

Initially give a written warning (valid for twelve months)
(commonly called a Section 59 Notice)

And on a subsequent occasion to seize the vehicle.


A constable in uniform has the power to order the person driving to stop the vehicle, to seize and remove the vehicle, to enter any premises on which the officer has reasonable grounds for believing the motor vehicle to be and to use reasonable force. Seizure can made only if a warning has been given, or believed to have been given, or if a warning is clearly being ignored.

So, usually it's a two-stage process - a warning or notice first, seizure if you persist or repeat.

I don't think the driving elsewhere than on a road applies in this case but lets look at Sect 3.


Section 3 Road Traffic Act – (Careless or Inconsiderate driving)
If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

Sect 3 is designed to address the way the vehicle is used, not it's condition, so unless you were parked outside their address revving the nuts off the bike (whilst sat on it so you could be said to be driving) and they would have to be using the road as well (not in their living room) they can't use Sect 3, and therefore not as a consequence Sect 59.

Having a bike with a loud can is a clear construction and use offence (that's why there is legislation around the markings of road cans) so that's what he should be using. Putting a baffle in your can won't make it legal, it has to have the appropriate e markings. If it's not legal it's a rectification notice, or at worst a fixed penalty, no points.

Now an ASBO is something completely different, and you really don't want to get me started on them...!

[Stu]

Originally Posted by thor

The local plod round where I work...

Originally Posted by Red Herring

Stuff...!

RH you should get a job with the Police
Sounds like not many 'local plods' know the law.

[Red Herring]

Originally Posted by Stu

RH you should get a job with the Police
Sounds like not many 'local plods' know the law.

I'll let you into a little secret, they don't! Fortunately they ring me for advice...

Originally Posted by plowsie

Just fit a baffle to it and tell the neighbours to STFU.

+1....& tell the plod to take a running jump.

[tonyk]

is a harley a loud bike ?
is it legal to have a bike that roars and set off car alarms ?
err go and get a test ride down your street ........... hey my new bike !!!!!
or just get a baffel fitted.

Getting an ASBO is a badge of honour nowadays

I think what you have to remember though is that just because your can does not have "NOT FOR ROAD USE" stamped on it does not make it legal. In fact if it does not have an E mark on it then it is an illegal can and he clearly knows this hence the chance your getting to put it right. An MOT is different as I found out when I tried to MOT my bike with the not for road use stamp, it failed but the examer tould me that if he could'nt see it then it would be at his discretion if it passed or not. Took the bike away and then passed the re-test. Hiding the stamp did'nt make it legal though but got me through the test. So you can take the high road and ask for decibel tests etc but you will lose out in the end.