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TimNorwich
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PostPosted: 16:42 - 26 Feb 2009    Post subject: Exhaust info. Reply with quote

On my new hornet, I have an ART exhaust, to me it is quite loud (that could be due to the gpz sounding so quiet), not only is it loud but it has no baffles, or BSAU marks or whatnot. So I thought i'd find out the actual law behind exhausts and if i'd get a fine or points. I don't care about a fine, but I do points!

So I thought instead of searching the internet high and low for some answers I would send an E-mail to Norfolk Police and ask my questions on exhausts. The E-mail is as follows:



I am writing to you to ask a question about motorcycle exhausts, and the law around them.

Do they need to be "E" marked and have baffles in them?

If they do need the above, and a motorcycle doesn't comply with those rules what are the possible penalties?


Thankyou for your time.

Tim



****Reply****

Tim,

Re your enquiry above, my understanding is that it does require a British Standard Stamp on it indeed.

This may well be in the form of an E or Kite mark of some description.

The National Police National Legal Database is a excellent site to look up and will give many details of such regulations relating to Construction and Use of Motor Vehicles.
Prescribed requirements are contained in the Motor Cycle Silencer & Exhaust Systems Regulations 1995 SI 1995/2370, and may refer to any British Standard Specifications, regulations under section 41 of the Road Traffic Act 1988 or any EC or international instrument.

You do need baffles as this could fall foul of the reasonable noise permitted on vehicles and render you liable for prosecution.

The Motor Cycle Noise Act 1987 was introduced to prohibit the supply of motor cycle exhaust systems and silencers which do not comply with prescribed requirements and which are likely to cause the emission of excessive noise.



The fine could be a fixed penalty or you could be reported and possibly required to attend Court.



Regards

PC PHILLIPS



So yer, now I have to look on the 'The National Police National Legal Database' and find further information! I'll keep you posted.
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Last edited by TimNorwich on 16:51 - 26 Feb 2009; edited 1 time in total
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Mr.Everready
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PostPosted: 16:44 - 26 Feb 2009    Post subject: Reply with quote

If you asked on here you would have got the same answer in 5 minutes. Confused
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TimNorwich
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PostPosted: 16:49 - 26 Feb 2009    Post subject: Reply with quote

Took a look on that Database website and couldn't find anything, however I found this link


https://www.opsi.gov.uk/si/si1995/Uksi_19952370_en_1.htm

Mentions what must be stamped on the exhaust, however there is no mention of baffles Wink
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s44678
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PostPosted: 16:50 - 26 Feb 2009    Post subject: Reply with quote

God the police must be really short of work if they have time to reply to emails in that amount of depth.

Get out and catch some criminals or harass some minorities or something. That's what we pay you for FFS.
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Wil
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PostPosted: 16:50 - 26 Feb 2009    Post subject: Reply with quote

Damned if they do, damned if they don't...
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 17:11 - 26 Feb 2009    Post subject: Reply with quote

timmyboynorwich wrote:
Mentions what must be stamped on the exhaust, however there is no mention of baffles Wink


Maybe because removing the baffles would render the exhaust modified and thus no longer compliant with the markings (and the baffles in theory should not be removeable, hence why Akrapovic put the most pathetic tack weld on the bolts holding the removeable baffles in place). The markings are required to show the exhaust complies with the regulations, and possible that they could persue you for "attempting to pervert the course of justice" if you stamped up a noisy exhaust with the approval markings.

From memory it is an offence to modify an exhaust system to make it noisier than standard, even if the resulting noise level is still within the legal limits. Depending on exact wording it could be argued that the exhaust system isn't just the pipework but also the exhaust cams, valves, etc. So a replacement noisier pipe (even if quite enough to be legal on a new bike) would count as modifying the exhaust system to be noisier than standard.

All the best

Keith
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barmac007
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PostPosted: 04:05 - 19 Mar 2009    Post subject: Re: Exhaust info. Reply with quote

timmyboynorwich wrote:
On my new hornet, I have an ART exhaust, to me it is quite loud (that could be due to the gpz sounding so quiet), not only is it loud but it has no baffles, or BSAU marks or whatnot. So I thought i'd find out the actual law behind exhausts and if i'd get a fine or points. I don't care about a fine, but I do points!

So I thought instead of searching the internet high and low for some answers I would send an E-mail to Norfolk Police and ask my questions on exhausts. The E-mail is as follows:



I am writing to you to ask a question about motorcycle exhausts, and the law around them.

Do they need to be "E" marked and have baffles in them?

If they do need the above, and a motorcycle doesn't comply with those rules what are the possible penalties?


Thankyou for your time.

Tim



****Reply****

Tim,

Re your enquiry above, my understanding is that it does require a British Standard Stamp on it indeed.

This may well be in the form of an E or Kite mark of some description.

The National Police National Legal Database is a excellent site to look up and will give many details of such regulations relating to Construction and Use of Motor Vehicles.
Prescribed requirements are contained in the Motor Cycle Silencer & Exhaust Systems Regulations 1995 SI 1995/2370, and may refer to any British Standard Specifications, regulations under section 41 of the Road Traffic Act 1988 or any EC or international instrument.

You do need baffles as this could fall foul of the reasonable noise permitted on vehicles and render you liable for prosecution.

The Motor Cycle Noise Act 1987 was introduced to prohibit the supply of motor cycle exhaust systems and silencers which do not comply with prescribed requirements and which are likely to cause the emission of excessive noise.



The fine could be a fixed penalty or you could be reported and possibly required to attend Court.



Regards

PC PHILLIPS



So yer, now I have to look on the 'The National Police National Legal Database' and find further information! I'll keep you posted.

In the UK we still allow manufacturers to self certify. So those UK manufacturers that you see in all the small ads with road legal cans aren't telling porkies but do not have to submit their stuff to any outside agency for approval. The standard is bsau 159 something or other. There is nothing in that standard that specifies whether or not baffles are removable or not. To genuinely acquire an e mark is a much tougher prospect, but again there is nothing stopping a fully e marked can having an easy to remove baffle. So generally UK made cans carrying the BSAU standard will be louder than e marked. However there are loads of exhausts out there from most of the big manufacturers that carry the e mark that have never been tested and wouldn't pass in a million years. Also depending upon how much a design relys upon the use of the fibreglass type wadding that is used will determine how much louder it will get with age and use.
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Kickstart
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PostPosted: 10:29 - 19 Mar 2009    Post subject: Re: Exhaust info. Reply with quote

barmac007 wrote:
To genuinely acquire an e mark is a much tougher prospect, but again there is nothing stopping a fully e marked can having an easy to remove baffle.


As far as I know there is, and this is why people like Akrapovic put a poxy little tack weld on the bolt that locates the baffle. This way to remove it you are damaging the exhaust (by breaking the weld) and not just undoing a bolt.

There is no requirement for baffles, if you can get the exhaust quiet enough without them.

However apparently it is an offence under the section 54 of the Road Vehicles (Construction and Use) Regulations 1986 to make an exhaust noisier than standard (irrespective of whether that is louder or quieter than the legal limit). Wording is (2) Every exhaust system and silencer shall be maintained in good and efficient working order and shall not after the date of manufacture be altered so as to increase the noise made by the escape of exhaust gases. However I cannot find an online copy of this regulation to check it.

All the best

Keith
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barmac007
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PostPosted: 11:19 - 19 Mar 2009    Post subject: Reply with quote

As far as I know there is, and this is why people like Akrapovic put a poxy little tack weld on the bolt that locates the baffle. This way to remove it you are damaging the exhaust (by breaking the weld) and not just undoing a bolt.

It may be down to interpretation and implementation of the rules but I can 100% assure you that you can have easy to remove db reducers and baffles and still pass the tests for an E mark. As in actually submit a can for testing and pass. I know because I've been involved in the process while I was Brand Manager at Micron.
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mickm
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PostPosted: 14:55 - 11 Sep 2009    Post subject: Reply with quote

timmyboynorwich,

did you get to the bottom of the legality of your Art exhaust then?

I have also just recently bought an Art pro series 2 race can. There are no markings on the can at all. And also no baffle.

As far as I was aware as long as it doesnt say "not for road use" or equivalent then it is up to the interpretation of the MOT tester or Policeman if you're stopped.

I would like to know where I stand legally before I take the risk and leave it on the bike. Am also not a fan of getting points.
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Kickstart
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PostPosted: 19:10 - 11 Sep 2009    Post subject: Reply with quote

mickm wrote:
As far as I was aware as long as it doesnt say "not for road use" or equivalent then it is up to the interpretation of the MOT tester or Policeman if you're stopped.


MOT wise the ruling is that it must be as quiet as the standard exhaust in reasonable condition, but many will let you through with it far noisier.

Legallity is rather different, and it is an offence to modify a vehicle so that it is noisier than standard (even if still within the legal limits). However that ruling seems to normally be ignored for bikes (seems to get used on cars), as it is easier to get you on having a non marked exhaust.

All the best

Keith
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