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Loud cans and the law - Deferred inspections?

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veeeffarr
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PostPosted: 09:34 - 06 Sep 2007    Post subject: Loud cans and the law - Deferred inspections? Reply with quote

Hey guys

Recently put a race can on my bike.. It's 'BS' stamped although I have taken both baffles out (It's a twin port)

What's the maximum penalty for running a hugely loud exhaust on the road? Trying to figure out if it's worth it or not.

Also, I've heard something about a deferred inspection? Does this mean if I get pulled over for the can, I can arrange for it to be looked at at a later date with the baffles in?

Thanks,

T
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Stevie GooGs
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PostPosted: 09:37 - 06 Sep 2007    Post subject: Reply with quote

That is what i was told a while back they can give a on the spot fine and you have to replace or put the baffle back in.
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Luke_Retrofly
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PostPosted: 09:47 - 06 Sep 2007    Post subject: Reply with quote

Hi
Police pull you over and tell you to get it passed by an MOT inspector,

phone round a few mot places that will pass any can as long as its not marked for road use (quite a lot of places do this, if its road legal just with the baffels out they will pass it)

Ride about a bit till you get pulled.

Cycle and repeat.

Though having ridden for over a year on an SV1000 no baffels, which is pretty much louder than my race bike, ive not once been stopped or even looked at by a copper (weeee! clutch in and coast Shifty)

So to sum up, nobody seems to care.

Luke
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stinkwheel
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PostPosted: 09:49 - 06 Sep 2007    Post subject: Reply with quote

The exact regulations pertaining to deferred inspections are contained in schedule 2 of the road traffic act 1988. You can look it up on www.opsi.gov.uk .

There is a spanner in the works in that I believe many (most?) traffic officers are also registered as ministry of transport vehicle inspectors. You could try your luck with a normal copper though. 'Normal' cops often have only a vague idea as to the details of vehicle related legislation* so if you start quoting chapter and verse at them, they could easily become confused.

My pipes are ludicrously loud, any markings pertaining to them being 'not for road use' have been covered up or polished out. It hasn't been mentioned at all. Not even when they were busy throwing the book at me last time I was stopped for speeding. That was on my KLE which has a pro-duro megaphone exhaust with no baffling at all. It must have sounded like they were being strafed by an A10 when I went honking past their car.

I reckon that as long as you keep it down in built up areas, they don't bother too much.

* I will cite the time I was given a producer to show my CBT certificate despite having shown them my full licence and the time my mate was given a FPN for not displaying L-plates on his GSXR750 as examples.

EDIT: I also reckon that they don't have their ears tuned-in to loud pipes on anything other than an inline four. They appear to home-in on something that is screaming rather than growling. People seem to be able to get away with much louder pipes on big singles and v-twins for example.
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veeeffarr
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PostPosted: 09:59 - 06 Sep 2007    Post subject: Reply with quote

Maybe just a bit paranoid because it's my first bike with a race can then... Jesus, it sounds amazing Very Happy
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map
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PostPosted: 10:06 - 06 Sep 2007    Post subject: Reply with quote

stinkwheel wrote:
The exact regulations pertaining to deferred inspections are contained in schedule 2 of the road traffic act 1988. You can look it up on www.opsi.gov.uk ...

Thumbs Up As I posted in this thread on the same subject
Quote:
Copied from Blackstone's Road Traffic Police manual 2005.

Section 67 of the road traffic act 1988 allows 'authorised examiners'to carry out roadside tests on motor vehicles, in relation to brakes. steering, tyres, lights and noise and fume emission.Authorised examiners include police constables so authorised by their chief officer of police. Other examiners may be appointed (e.g. by the Secretary of State or a police authority) but they must produce their authority to act as such if required to do so (s.67(6)). Obstructing such an examiner is a summary offence under s.67(9)

Section 67(6) allows for drivers to ask for the examination to be deferred (in accordance with the time limits set out at sch. 2 to the 1988 Act.) However s.67 goes on to state:

Where it appears to a Constable that, by reason of an accident having occurred owing to the presence of the vehicle on the road, it is requisite that the test be carried out forthwith, he may require ot to be so carried out, and if he is not to carry it out himself, may require that the vehicle shall not be carried away until the test has been carried out.

Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith.


In laymans terms means:
Quote:
If you are stopped and PC Plod has nothing better to do than start checking your bike or car over, you say "Oi dirty copper, what you doing" and he will reply either, "Checking your car for road worthyness sir" or "Shut your face mate, or I'll make something up and nick ya"

If it's the former, and for whatever reason you have something to hide like 2 bald tyres, you may say " No your not, I would like a deferred test" He would then look at you bemused and say "What?" and you then point out to him your knowledge of the law.

At this point, he will then ask you to arrange a 7 day period within the following 28 days for the test to be carried out within one of those 7 days at a place of your choosing. This will be no doubt just after you have fitted 2 new tyres.

That is a deferred test.


Original poster serving motorcycle cop.

stinkwheel wrote:
...I believe many (most?) traffic officers are also registered as ministry of transport vehicle inspectors. ....
Even then not necessarily the case as in
Quote:
...Where it appears to a Constable that, by reason of an accident having occurred owing to the presence of the vehicle on the road...
So, if not in an accident then no need for inspection immediately. However, this is the one that'll probably get you as it relies on an opinion, not a fact
Quote:
....Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed...


stinkwheel wrote:
...the time I was given a producer to show my CBT certificate despite having shown them my full licence and the time my mate was given a FPN for not displaying L-plates on his GSXR750 as examples.
I'd those to go to court..."Could the officer explain why he's wasting the magistrate's time?" Very Happy

As regarding loud cans then it again comes down to a matter of opinion. If the MOT inspector thinks it's too loud then you either (a) put the baffles in (wise before the MOT anyhow) or (b) find another MOT inspector. Providing you have an MOT certificate and you haven't changed the can Wink then IMO you have a strong argument if stopped. However, on a new bike (< 3yrs old) without the OEM can then you may be on a sticky wicket.

HTH Thumbs Up
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Wafer_Thin_Ham
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PostPosted: 10:17 - 06 Sep 2007    Post subject: Reply with quote

I've yet to be stopped for my race can. Touch wood.
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veeeffarr
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PostPosted: 10:33 - 06 Sep 2007    Post subject: Reply with quote

Can I get points for a race can?
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MattEMulsion
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PostPosted: 10:49 - 06 Sep 2007    Post subject: Reply with quote

Toby R wrote:
Can I get points for a race can?


No, a £30 fine and maybe a rectification notice but that is normally about it.
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instigator
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PostPosted: 10:49 - 06 Sep 2007    Post subject: Reply with quote

Toby R wrote:
Can I get points for a race can?


+5 points for a stubby can

+10 for an akrapovic.

+15 for a Stubby Blue Flame tri oval twin spout can.

Razz

You are just being paranoid, everyone is the same when they put their first race can on. My first was a remus race system on my er5. And I was certainly paranoid for a number of weeks.
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dodsi
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PostPosted: 11:37 - 06 Sep 2007    Post subject: Reply with quote

I was paranoid about my thundercat having a loud can.

Untill I got stopped by a cop a month or so ago.

He said nothing about my can as he was more concerned with my speed.

Idea
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Johnny GSX-R
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PostPosted: 11:49 - 06 Sep 2007    Post subject: Reply with quote

dodsi wrote:
I was paranoid about my thundercat having a loud can.

Untill I got stopped by a cop a month or so ago.

He said nothing about my can as he was more concerned with my speed.

Idea


What,.......the speed you ate your 'Ginsters' pasty??
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Stevie GooGs
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PostPosted: 11:50 - 06 Sep 2007    Post subject: Reply with quote

instigator wrote:

+10 for an akrapovic.


Cheers for the 10 points m8. Thumbs Up
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Last edited by Stevie GooGs on 11:55 - 06 Sep 2007; edited 1 time in total
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Itchy
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PostPosted: 11:54 - 06 Sep 2007    Post subject: Reply with quote

Tsk if you get stopped take it to a blind/deaf MOT man , there are loads around Manchester, judging by the way my NTV flies through MOTs there are lots and lots of them.
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Willenium
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PostPosted: 12:45 - 06 Sep 2007    Post subject: Reply with quote

dodsi wrote:
I was paranoid about my thundercat having a loud can.

Untill I got stopped by a cop a month or so ago.

He said nothing about my can as he was more concerned with my speed.

Idea


Exactly the same thing happened to me. They said nothing about the pipe as their attention was drawn to the fact I'd given it a fistful down a High Street with a 20mph speed limit.

Quite surprised as it's a pretty loud stubby.
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Dom_
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PostPosted: 12:59 - 06 Sep 2007    Post subject: Reply with quote

I was riding home from college last year, saw a police bike so was extra careful, stuck to the limits, loads of mirror checks.

He pulled me over and was a complete and utter cunt. I was fully legal on the bike (apart from a front tyre just on the limit) and a DIC can which was obscenely loud.
I was speaking to him politely, answering all his pathetic questions.

But as soon as he spied my tiny can and looked down it (it was empty inside) he started being a proper twat. Inspecting every little detail on the bike and then said he was going to give me 3 points for my front tyre.
I was fuming at this stage so rang a mate who knows a bit about the law. He told me to mention the 14 day thing to the copper.
After a bit of blagging he gave me this instead.

I got my tyre changed and went to an MOT place they said they weren't going to stamp it because of my can, so i pointed out that there was no mention of the can on the ticket just the tyre.

There is no moral to this story, i am just bored. Smile
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Andy C
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PostPosted: 14:06 - 06 Sep 2007    Post subject: Reply with quote

I reckon your'll be fine. My can is meant to be around 105db and is pretty loud and when i cained it from the lights and got pulled the copper never mentioned the can and im fairly sure he knew how loud it was!!

People do get fines over it, but i dont know anyone personally that has Thumbs Up
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dodsi
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PostPosted: 14:12 - 06 Sep 2007    Post subject: Reply with quote

Your only pissed off "JOHNNY" because I got the last one.

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chris-red
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PostPosted: 15:00 - 06 Sep 2007    Post subject: Reply with quote

I got pull by a copper, he mentioned the can but didn't give me anything for it. I love my Akra Twisted Evil
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veeeffarr
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PostPosted: 16:03 - 06 Sep 2007    Post subject: Reply with quote

chris-red wrote:
I got pull by a copper, he mentioned the can but didn't give me anything for it. I love my Akra Twisted Evil


I'll get a sound clip of my MTC later... It sounds fooking awesome
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Johnny GSX-R
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PostPosted: 07:58 - 07 Sep 2007    Post subject: Reply with quote

I had a pair of 'DEVIL's without baffles on the Hayabusa, should i have "pulled myself" Shocked Wink
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freestyler_onli
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PostPosted: 08:18 - 07 Sep 2007    Post subject: Reply with quote

Just off the top of my head:


54 [Silencers--general]

(1) Every vehicle propelled by an internal combustion engine shall be fitted with an exhaust system including a silencer and the exhaust gases from the engine shall not escape into the atmosphere without first passing through the silencer.
(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.
(3) Instead of complying with paragraph (1) a vehicle may comply with Community Directive 77/212, 81/334, 84/372[, 84/424 or 92/97 or ECE Regulation 51.02] or, in the case of a motor cycle other than a moped, 78/1015[, 87/56 or 89/235].
(4) In this regulation "moped" has the meaning given to it in paragraph (5) of Schedule 9.

[57] [Noise limits--construction requirements relating to motor cycles]

[(1) Subject to regulation 59, this regulation applies to every motor vehicle first used on or after 1st April 1983 which is--
(a) a moped; or
(b) a two-wheeled motor cycle, whether or not with sidecar attached, which is not a moped.
(2) A vehicle to which this regulation applies shall be so constructed that it meets,--
(a) if it is first used before 1st April 1991, the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;
(b) if it is first used on or after that date, the requirements of item 2 of that Table.
(3) Instead of complying with paragraph (2), a vehicle first used before 1st April 1991 may comply at the time of its first use with Community Directive 78/1015, 87/56 or 89/235.
(4) Instead of complying with paragraph (2), a vehicle first used on or after 1st April 1991 may comply at the time of its first use with Community Directive 87/56 or 89/235.
(5) In this regulation "moped" has the meaning given to it in paragraph 5 of Schedule 9.]

[57A] [Exhaust systems--motor cycles]

[(1) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used before 1st February 1996, shall--
(a) be so constructed that the vehicle meets the requirements specified in paragraph 3 (otherthan sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 and be marked in accordance with sub-paragraph 3.3 of that Annex; or
(b) be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.
(2) Any original silencer forming part of the exhaust system of a vehicle to which regulation 57 applies, being a vehicle first used on or after 1st February 1996, shall be so constructed that the vehicle meets the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235 and be marked in accordance with sub-paragraph 3.3 of that Annex.
(3) A vehicle fitted with an original silencer may,--
(a) if the vehicle is first used before 1st February 1996, instead of complying with paragraph (1), comply at the time of first use with Community Directive 78/1015, 87/56 or 89/235; or
(b) if the vehicle is first used on or after that date, instead of complying with paragraph (2), comply at the time of first use with Community Directive 89/235.
(4) Where any replacement silencer forms part of the exhaust system of a vehicle to which regulation57 applies, being a vehicle first used on or after 1st January 1985, the first requirement or the second requirement as set out below must be met in respect of the silencer.
(5) In order for the first requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in this paragraph referred to as "the vehicle in question"),--
(a) if the vehicle in question is first used before 1st April 1991, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet--
(i) the requirements of item 1 or 3 of the Table in Part I of Schedule 7A; and
(ii) the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,
and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;
(b) if the vehicle in question is first used on or after the 1st April 1991 but before 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet--
(i) the requirements of item 3 of the Table in Part I of Schedule 7A; and
(ii) the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 78/1015 or 89/235,
and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235;
(c) if the vehicle in question is first used on or after 1st February 1996, the silencer must be so constructed that, were it to be fitted to an unused vehicle of the same model as the vehicle in question, the unused vehicle would meet--
(i) the requirements of item 3 of the Table in Part I of Schedule 7A; and
(ii) the requirements specified in paragraph 3 (other than sub-paragraphs 3.2 and 3.3) of Annex I to Community Directive 89/235,
and the silencer must be marked in accordance with sub-paragraph 3.3 of Annex I to that Directive.
(6) In order for the second requirement to be met in respect of a silencer forming part of the exhaust system of a vehicle (in Part II of Schedule 7A referred to as "the vehicle in question"),--
(a) if the vehicle is first used before 1st April 1991, the silencer must meet the requirements of paragraph 2, 3 or 4 of Part II of Schedule 7A; or
(b) if the vehicle is first used on or after that date, the silencer must meet the requirements of paragraph 4 of Part II of Schedule 7A.
(7) Anyrequirements specified in paragraph (5) or in Part II of Schedule 7A relating to the silencer were it to be fitted to an unused vehicle of the same model as the vehicle in question (as defined in that paragraph or in paragraph (6) for the purposes of that Part, as the case may be) shall be deemed to be met if they are met by the silencer as fitted to the vehicle in question at the time that it is first fitted.
(8) For the purposes of this regulation, Community Directive 89/235 shall have effect as if--
(a) in Annex I, for sub-paragraph 3.4.1, there were substituted--
"3.4.1
After removal of the fibrous material, the vehicle must meet the relevant requirements."; and
for sub-paragraph 3.4.3 there were substituted--
"3.4.3
After the exhaust system has been put into a normal state for road use by one of the following conditioning methods, the vehicle must meet the relevant requirements:";
(b) references in Annex I as so modified to a vehicle meeting the relevant requirements were,--
(i) in relation to an original silencer, references to a vehicle meeting the requirements of item 2 of the Table in Part I of Schedule 7A; and
(ii) in relation to a replacement silencer, references to a vehicle meeting the requirements of item 3 of that Table;
(c) in Annex II there were omitted sub-paragraphs 3.1.2, 3.4 and 3.5 and in sub-paragraph 3.2--
(i) the words "and the name referred to in 3.1.2", and
(ii) the words after "legible".
[(8A) For the purposes of paragraphs (1)(b) and (2) in their application to vehicles with a design speed not exceeding 50km/h, Community Directive 89/235/EEC shall have effect as if it were not only modified in accordance with paragraph (8) but were further modified by the omission of--
(a) sub-paragraph 3.1.3 of Annex II; and
(b) in sub-paragraph 3.2 of that Annex, the words "and 3.1.3".]
(9) In relation to a replacement silencer which is--
(a) fitted to a vehicle before 1st February 1997; and
(b) clearly and indelibly marked with the name or trade mark of the manufacturer of the silencer and with that manufacturer's part number relating to it,
paragraphs (5) and (6) of this regulation and Parts II and III of Schedule 7A shall have effect as if they contained no reference to a silencer being marked.
(10) For the purposes of this regulation, a silencer forming part of the exhaust system of a vehicle shall not be regarded as being marked in accordance with sub-paragraph 3.3 of Annex I to Community Directive 78/1015 or 89/235, paragraph (9) of this regulation or any paragraph of Part IIof Schedule 7A if the marking is so obscured by any part of the vehicle that it cannot easily be read.
(11) Until 1st February 1996, for the purposes of paragraph (6), a vehicle first used on or after 1st April 1991 shall be treated as a vehicle first used before 1st April 1991.
(12) Part III of Schedule 7A shall have effect for the purpose of exempting certain silencers from the provisions of paragraph (4).
(13) No person shall use a motor cycle on a road or cause or permit such a vehicle to be so used if any part of the exhaust system has been indelibly marked by the manufacturer of that part with the words "NOT FOR ROAD USE" or words to that effect.
(14) In this regulation--
"original silencer", in relation to a vehicle, means a silencer which was fitted to the vehicle when it was manufactured;
"replacement silencer", in relation to a vehicle, means a silencer fitted to the vehicle, not being an original silencer; and
"trade mark" has the same meaning as in the Trade Marks Act 1938.]

[57B] [Noise limits--maintenance requirements relating to motor cycles]

[(1) No person shall use or cause or permit to be used on a road a motor cycle to which regulation 57 applies if the three conditions specified below are all fulfilled.
(2) The first condition is fulfilled if the vehicle does not meet the noise limit requirements.
(3) The second condition is fulfilled if--
(a) any part of the vehicle is not in good and efficient working order, or
(b) the vehicle has been altered.
(4) The third condition is fulfilled if the noise made by the vehicle would have been materially less (so far as applicable)--
(a) were all parts of the vehicle in good and efficient working order, or
(b) had the vehicle not been altered.
(5) For the purposes of this regulation, a vehicle meets the noise limit requirements if,--
(a) in the case of a vehicle first used before 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 1 or 2 of the Table in Part I of Schedule 7A;
(b) in the case of a vehicle first used before 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 1 or 3 of that Table;
(c) in the case of a vehicle first used on or after 1st April 1991 and not fitted with a replacement silencer, it meets the requirements of item 2 of that Table;
(d) in the case of a vehicle first used on or after 1st April 1991 and fitted with a replacement silencer, it meets the requirements of item 3 of that Table.
(6) In this regulation, "replacement silencer" has the same meaning as in regulation 57A.]
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freestyler_onli
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PostPosted: 08:21 - 07 Sep 2007    Post subject: Reply with quote

Oops 1

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freestyler_onli
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PostPosted: 08:21 - 07 Sep 2007    Post subject: Reply with quote

Oops 2

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freestyler_onli
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PostPosted: 08:39 - 07 Sep 2007    Post subject: Reply with quote

Oops 3

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