is an aftermarket exhaust illegal?

jasperok

is an aftermarket exhaust illegal? what is the law here? been pulled twice and they told me i am breaking the law running an aftermarket exhaust...?
cheers
jasperok

i really need to know the letter of the law here not what we think ! as several people i spoke to had different answers

Turner

Any deviation of the standard exhaust that your car comes with from the factory is illegal.

Ie bore exhausts are illegal.
Harley Davidsons and subarus are loud but legal.

ciarsd

Chief--- wrote:

Any deviation of the standard exhaust that your car comes with from the factory is illegal.

Ie bore exhausts are illegal.
Harley Davidsons and subarus are loud but legal.

there is no law against anything other than standard as far as exhausts go...

there is, however, an EU law on noise pollution relating to exhausts

I did a bit of reading up on this 2 years ago when I had my system fitted, and got some info. from a very helpful guard. My system is TUV approved so I'm pretty confident with that.

EDIT: link

http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31970L0157:EN:HTML

Turner

Check out this post from another board.

http://www.cruiseirl.com/forum/showthread.php?t=23483&highlight=exhaust

MarkR

I looked it up at the suggestion of the posters there. According to my googling section 102 of the road traffic act is below.

102.—Where a person is guilty of an offence under any section or subsection of a section of this Act and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction—

( a ) in the case of a first offence under that section or subsection to a fine not exceeding twenty pounds,

( b ) in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph to a fine not exceeding fifty pounds, and

( c ) in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

From http://www.irishstatutebook.ie/ZZA24Y1961.html

Section 29 of ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) REGULATIONS, 1963 does however come close.

29. (1) Every vehicle propelled by an internal combustion engine shall, subject to the provisions of sub-article (2) of this article, be fitted with an exhaust silencer or other device suitable and sufficient for reducing to a reasonable level the noise caused by the escape of exhaust gases from the engine.


(2) Sub-article (1) of this article shall not apply to a vehicle taking part in a trial, competition or race carried out on a road closed under section 35 of the Local Government Act, 1955 (No. 9 of 1955), subject to any conditions the local authority concerned may impose in connection with such closing.

So you have to have a silencer. Which all should do anyway. And this seems to be open to interpretation because of it's use of "reasonable" level.

5500

Ill find the link to the RTA that states any modification (IE changing the exhaust system in anyway) is illegal.

In saying that ive never been hassled by the gaurds over mine but have heard alot of guys from the country getting hassle over theres.

Unfortuantly for Joe public it tends to fall into the "grey area" of "illegal" modifications(Tinted windows being another favourite) where noone really knows what the law is.

DoctorEdgeWild

I was stopped in traffic one time when a garda knocked on my window, after walking up from the marked car behind me. He asked me if my exhaust was a full system and I said it was only a back box (which it was a the time). He said OK but told me to get a fuel filler flap!! Mine was off 'cos I was getting some colour mixed up for a spray job. Very odd - plenty of cars are manufactured without flaps anway!!

Moral of the story: They are just as clueless as we are when it comes to the legality of *some* modifications. I'd love to see the Govt. release a paper directed at us, telling us what exactly the deal is with regards to legality of certain things.

ciarsd

Chief, point taken after reading yet another thread on the subject!
i think the very fact of the range of answers in this threads replies is speaking volumes.

there's bits of law/legislation here there and everywhere, which is just leading to confusion.

I'm glad I didn't go for a straight through system, and kept my silencers/cat etc

ando

hmm, I was always under the impression it didnt matter what kind of backbox/exhaust you had, once it was under a certain decibel level it was fine. I never had any hassle from the guards on my old Focus aftermarket backbox. Grey area indeed

DoctorEdgeWild

ando wrote:

hmm, I was always under the impression it didnt matter what kind of backbox/exhaust you had, once it was under a certain decibel level it was fine. I never had any hassle from the guards on my old Focus aftermarket backbox. Grey area indeed

Thats what I had always figured, or at least took as common practice law. Basically, don't wake everyone up as you drive by and you'll be OK. I stand to be corrected though, there is probably some piece of legislation somewhere just waiting to screw us up!

I'm unsure how it would work though, with regard specific wording, as different cars have different diameter pipes as standard and most cars require a new exhaust at least once in their lifetime.

jasperok

this is as varied as i expected

but what we can see so is that :

i)you must have a silencer
ii)it must be at a reasonable level


can i be safe in saying that under current legislation this is the exact letter of the law?

Turner

jasperok wrote:

this is as varied as i expected

but what we can see so is that :

i)you must have a silencer
ii)it must be at a reasonable level


can i be safe in saying that under current legislation this is the exact letter of the law?

It must be the exhaust that your car came with from the factory... or else you are liable to be prosecuted.

ando

Chief--- wrote:

or else you are liable to be prosecuted.

do you know anyone that has been prosecuted?

Turner

I dont know any... but if you sit in on any district court on a traffic court day you will see quite a few.

As far as im aware there is a crackdown on so called "Boy racers",...not modified motors now... but "Boy Racers". Ie eejits in Corsas with straight through systems tearing up and down main streets of towns.

5500

Unfortunatly im sure your aware modified car drivers are also classed as "boy racers" and are liable to be stopped under what ever crack down is ongoing at present.

Personally ive not heard or known of anyone to be convicted for a different exhaust on there car

ciarsd

In all my years of driving, buying cars, driving modified cars (to an extent) I've never once been stopped for anything other than a Bank holiday drink drive blitz, or the annual xmas checkpoints.

I think I know the type of driver Chief is getting at!

jasperok

and what if my insurance company are notified that i have this exhaust and i am paying higher premium - is it still illegal?

wish they would come in line with the uk laws and have the decible test on zausts -

dont get me wrong i'm no fan of corsa rocket launcher exhausts but at the same time i like a nice type of sound - not loud... just nice

its true to say i'm a car enthusiast but i would not have me down as one of them folk who drive up and down town broom broom etc- i would however hate to go back to my stock exhaust but find myself feeling like some sort of criminal/boyracer/eejit whatever you want to call people who do up their cars if you don't like them.
its all either a little unfair or just not properly clarified - i am not sure which yet.

thanks for replies.

DoctorEdgeWild

Chief--- wrote:

It must be the exhaust that your car came with from the factory... or else you are liable to be prosecuted.

Does this mean that fitting a replacement exhaust, say after your first one breaks is illegal? I can't see how that is possible - I guarantee the majority of cars over ten years old on Irish roads have replacement exhausts. I work with trucks and vans in my job, most of the vans I drive have replacement exhausts. What is a guy supposed to do when his exhaust gets a hole in it? Because I guarantee if you ring up your insurance company and tell them you just got a new exhaust from fastFit or somewhere, they will tell you it doesn't make any difference to your premium and probably laugh at you as well.

Can you link me to any legislation that backs up your point? I'm not doubting you btw, I just find it hard to believe that you are liable to be prosecuted if you get a new exhaust.

Turner

Its not aimed at people who replace their exhausts with similiar ones...

check out the post on cruisirl

http://www.cruiseirl.com/forum/showthread.php?t=23483&highlight=exhaust

DoctorEdgeWild

So its all about exhausts changed or modified to cause excessive noise? I see. Unusual law to say the least, surely a dB limit is the right way to go. It would be easier to enforce and could possibly be included in the NCT.

Personally, anything that stops boy racers is fine by me but never at the expense of genuine modifiers who don't hurt anyone else with their hobby. Radical overhaul of the Road Traffic Act is required methinks. All very well spending 21 billion on a transport strategy or whatever they like to call it, still many unlicenced and uninsured :mad: drivers out there.

Turner

DoctorEdgeWild wrote:

All very well spending 21 billion on a transport strategy or whatever they like to call it,

Think its 34 billion....

heard on the news that its EUR 25,000 in taxes from each household!!!

DoctorEdgeWild

Holy crap! 34 billion! They better not make a balls of this one.




Off topic: Please vote these guys outta there or at least vote everyone!:D

elusiveguy

ando wrote:

do you know anyone that has been prosecuted?

Guy on racershaven is being prosecuted for a modded exhaust

MarkR

Chief--- wrote:

It must be the exhaust that your car came with from the factory... or else you are liable to be prosecuted.

Any links to that law?

Turner

Link on page 1.

MarkR

I can only see links to other people's opinions and third hand information. I was looking for an actual government website, or a section of the road traffic act that says it is illegal to have a non-standard exhaust.

If these items were illegal, it's unlikely they would be available without discalaimers saying that they were not for road use.

DoctorEdgeWild

That you did on "whatever date" at "whatever place", a public place in the Court area and District aforesaid being the user of mechanically propelled vehicle to wit motor car registration no "xxxxx" while the silencer system of the said system of the said vehicle was altered in such a way that the noise caused by the escape of the exhaust gases was made by the alteration. Contrary to Article 34(2) (e) of the Road Traffic Act (Construction, Equipment and Use of vehicles(Regulations 1963 as amended(made under the Road Traffic Act 1961)(as amended by Section 6 Road Traffic Act 1968) and Section 102 Road Traffic Act 1961 (as amended by Section 2 Road Traffic (Amendment) Act 1984.

I think the Chief is referring to that bit - there's mention of the Road Traffic Act if you wanna look it up on some gov website.

IDMUD

You are free to replace your original exhaust with a product that meets the same standards from another manufacturer. This is according to EU trade laws.

jasperok

yes i too would like to see the exact section of the road traffic act stating it its illegal (i'm not being a smart a$$ here i genuinely want to see the letter of the law) i have read through the act and cannot find such a direct statement -

On the other hand there is the noise pollution act - i am all for this as i think there are alot of exhausts loud enough to upset people indoors and it is unfair of any person to subject any one to this, the problem is in the act it is down to the gardai to decide what is a (and i quote) "reasonable" level....
this sort of wording is only asking for trouble from both sides and needs desperatley to be altered - why oh why will they not set out a permitted db level


idmud- this may be true but as far i know all laws set out in oireachtas superseed european laws and directives - as far as i have read it seems to be the case if you know otherwise could you let us know as if this really is the case there are a few other eu directives which would be helpful in this situation.

if anyone has any useful info i'd be grateful

i will probably end up selling my exhaust if i find it in writing that i am breaking the law - its a shame as i really like it and don't think its offensive, but i am willing to admit that that is only my opinion..... which is why i want to see the exact laws on the matter -

here is a thought- how much would it cost to ask a solicitor to dig up all the relevant laws concerned?

IDMUD

jasperok:

There was a similar situation in Sweden where you weren't allowed to use parts from another manufacturer on your car, that you had to use original parts for the warranty to be valid. This was changed because it was in violation of free trade laws in the EU that superseed country specific ones. That being said, that doesn't mean the country won't fight it in EU-courts (like the vrt issue) but it's only a matter of time before they have to give up.

mossy619

i was issued with a summons 3 years ago for my dual 5 inch ractive exhausts on my punto now before ye all go off on one i am a modified car enthusiast not a little bollix that like to make noise.i was let off because the guard told me that if i take off the exhaust hed drop the charges.....i much prefer exhausts that are sum bit quite but have the loudness when u need it like on my polo