Is it true it drops out of VTEC between 4th and 5th when pushing on?
3rd and 4th too unless you're right on the limiter, but that's 100 mph. Also, the gearboxes are made of chocolate, especially 5th/reverse, so if you're changing at high rpm into 5th, not only are you in jail time territory speeds, you're also more than likely be looking at a new selector fork and synchromesh if you do it often.
Regarding the track comment, I can't think of many track days in any Type R I've owned where I've been going more than 120mph often, 4th is very long in these cars.
If you get a prefacelift, just look after 5th and you should be free from 5th gear issues as long as the car doesn't already have one. Facelifts are better (though some early ones still have a pre box) but are not without their issues. You can normally tell signs of premature wear on it if reverse is a pain to select, so if you view one and it's like this, unless you're willing to pay in excess of £500 to sort it out, walk away.
All in all they are very capable cars and will give most other Type R's a run for their money, they are also comfortable and fantastic to drive.
If the OP or anyone here sees one, send me a link and I'll happily pass comment on it.
