Soldato
Open headers of course it's going to be loud...
Exhaust Noise Restriction
- Thread starter memphisto
- Start date
Open headers of course it's going to be loud...
Soldato
From a friend of a friend:
"Guys, following a year of legal rubbish and 2 court dates over an exhaust can, I'm now somewhat of an expert in Constructionand Use vehicle laws, how they are to be used against you, and also how to argue it.
Here's some HUGE and popular myths debunked, some common questions answered (as they confuse the police, CPS, parts manufacturers, bike manufacturers and indeed the governing bodies that set the standards - I know because I've spoken with them all now and nobody could get it right).
Best of all, the last bit's a huge eye opener for all motorists, and especially us bikers.
Part 1: THE MOT
For an exhaust to pass MOT, it cannot be marked 'not for road use' or 'race use only' (removal of these markings is 'perverting the course of justice'). The MOT tester must also judge 'whilst the engine is idling' whether there is excessive exhaust noise. There is no MOT standard on noise, and it's totally up the MOT inspector to be the judge of what's excessive.
You may think that because you pass MOT, your exhaust/bike is 'road legal'. It is not. This is fact, and not debatable.
Part 2: The RTA (Road Traffic Act)
In direct contradiction of the MOT standards, in terms of what's actually 'road legal', the 'road traffic act' is what applies when Johhny Law wants to tug & fine you. This causes confusion at all levels from Legal Beagle to Layman, as few understand it, and even less interpret it correctly. However this is what's used by the CPS to prosecute you, so best you know the basics (because they don't care about your MOT certificate, you're a bloody criminal and that's what's important here surely?).
The Road Traffic Act requires any party who manufacturs (to supply, or with intent to supply), or sells any road legal exhaust cans/systems to ensure their parts carry one of 2 markings. So, 2 marks make your exhaust parts 'road legal' (not I only say your parts, and not your bike). Those 2 marks are:
1. an 'E mark'. This is the Letter E (for Europe), followed by a number that denotes the European country of origin
2: A 'BS mark'. This is for UK manufacturers to show the system has passed the British Standards Institute test. A BS mark is NOT a KITEMARK, and the two cannot be confused, they are totally different programmes.
This correct BS mark is either 'BS AU 193' or 'BS AU 193a'. This must be stamped onto the body of the exhaust (not stuck on, or fitted to a secondary part like a strap or accessory). If either mark is fitted via use of a sticker, or etched on by an owner, that is 'perverting the course of justice' and is a worse offence than having no marking.
So, Dealer fitment or DIY. If that pipe's got an E or BS mark, you'd think your bike is legal? Yes? No, it's still probably not!
Part 3: The bit that really matters
Alternatively referred to as 'The bit nobody knows' about the details of the RTA, and how any motorist can be prosecuted.
In order to be legal, The RTA quotes that your exhaust must be maintained and in good order (blah, blah, lots of other words), as per the manufacturers original specification. Remember this last bit well.
So, if you fit, or if your dealer fits any 'after market' exhaust can (or system) to your bike or car, you are breaking the law if it deviates from the original manufacturers spec. That means all aspects, including emissions, and particularly noise.
So your Suzuki Factory Approved, Approved Dealer supplied, Sold as bike specific, claimed as road legal, correctly marked exhaust can (that even passes MOT), is illegal... if it's a bit louder than the bike's original unit.
That's it, doesn't matter if the baffles are in or not, or who sold & fitted it.
Simply fitting an end can is modifying the spec of your exhaust. Replacing the system is modifying the original spec. Blanket rule is, you run any form of modified system that deviates from the original DB noise measurement, you break the law.
That, dear biker chums, is why we need watch very closely what little bits of legislation gets passed in this country. This one piece of law criminalises 99% of motorist automatically (possibly just in case the government wants an ambiguous 'catch all' law to use).
Seriously, even if you buy a pattern part 'Kwik fit' exhaust for your car, if it's a touch louder you're a criminal. Manufacturers aren't at fault, the sellers not at fault, you are.
And apparently we're all expected to know this, to understand the conflicts and to be fully aware of how to do the right thing."
I'm not sure the official stance on this but the guy seems to have done his research, and the news isn't good!
"Guys, following a year of legal rubbish and 2 court dates over an exhaust can, I'm now somewhat of an expert in Constructionand Use vehicle laws, how they are to be used against you, and also how to argue it.
Here's some HUGE and popular myths debunked, some common questions answered (as they confuse the police, CPS, parts manufacturers, bike manufacturers and indeed the governing bodies that set the standards - I know because I've spoken with them all now and nobody could get it right).
Best of all, the last bit's a huge eye opener for all motorists, and especially us bikers.
Part 1: THE MOT
For an exhaust to pass MOT, it cannot be marked 'not for road use' or 'race use only' (removal of these markings is 'perverting the course of justice'). The MOT tester must also judge 'whilst the engine is idling' whether there is excessive exhaust noise. There is no MOT standard on noise, and it's totally up the MOT inspector to be the judge of what's excessive.
You may think that because you pass MOT, your exhaust/bike is 'road legal'. It is not. This is fact, and not debatable.
Part 2: The RTA (Road Traffic Act)
In direct contradiction of the MOT standards, in terms of what's actually 'road legal', the 'road traffic act' is what applies when Johhny Law wants to tug & fine you. This causes confusion at all levels from Legal Beagle to Layman, as few understand it, and even less interpret it correctly. However this is what's used by the CPS to prosecute you, so best you know the basics (because they don't care about your MOT certificate, you're a bloody criminal and that's what's important here surely?).
The Road Traffic Act requires any party who manufacturs (to supply, or with intent to supply), or sells any road legal exhaust cans/systems to ensure their parts carry one of 2 markings. So, 2 marks make your exhaust parts 'road legal' (not I only say your parts, and not your bike). Those 2 marks are:
1. an 'E mark'. This is the Letter E (for Europe), followed by a number that denotes the European country of origin
2: A 'BS mark'. This is for UK manufacturers to show the system has passed the British Standards Institute test. A BS mark is NOT a KITEMARK, and the two cannot be confused, they are totally different programmes.
This correct BS mark is either 'BS AU 193' or 'BS AU 193a'. This must be stamped onto the body of the exhaust (not stuck on, or fitted to a secondary part like a strap or accessory). If either mark is fitted via use of a sticker, or etched on by an owner, that is 'perverting the course of justice' and is a worse offence than having no marking.
So, Dealer fitment or DIY. If that pipe's got an E or BS mark, you'd think your bike is legal? Yes? No, it's still probably not!
Part 3: The bit that really matters
Alternatively referred to as 'The bit nobody knows' about the details of the RTA, and how any motorist can be prosecuted.
In order to be legal, The RTA quotes that your exhaust must be maintained and in good order (blah, blah, lots of other words), as per the manufacturers original specification. Remember this last bit well.
So, if you fit, or if your dealer fits any 'after market' exhaust can (or system) to your bike or car, you are breaking the law if it deviates from the original manufacturers spec. That means all aspects, including emissions, and particularly noise.
So your Suzuki Factory Approved, Approved Dealer supplied, Sold as bike specific, claimed as road legal, correctly marked exhaust can (that even passes MOT), is illegal... if it's a bit louder than the bike's original unit.
That's it, doesn't matter if the baffles are in or not, or who sold & fitted it.
Simply fitting an end can is modifying the spec of your exhaust. Replacing the system is modifying the original spec. Blanket rule is, you run any form of modified system that deviates from the original DB noise measurement, you break the law.
That, dear biker chums, is why we need watch very closely what little bits of legislation gets passed in this country. This one piece of law criminalises 99% of motorist automatically (possibly just in case the government wants an ambiguous 'catch all' law to use).
Seriously, even if you buy a pattern part 'Kwik fit' exhaust for your car, if it's a touch louder you're a criminal. Manufacturers aren't at fault, the sellers not at fault, you are.
And apparently we're all expected to know this, to understand the conflicts and to be fully aware of how to do the right thing."
I'm not sure the official stance on this but the guy seems to have done his research, and the news isn't good!
"In order to be legal, The RTA quotes that your exhaust must be maintained and in good order (blah, blah, lots of other words), as per the manufacturers original specification. Remember this last bit well."
Id have thought that meant any exhaust must be as per its original manufactured specs i.e. have it serviced and dont remove baffles from inside the can
Id have thought that meant any exhaust must be as per its original manufactured specs i.e. have it serviced and dont remove baffles from inside the can