Use a motor vehicle in a manner as to cause excess noise
Discussion
Morning all, hopefully someone can help? I got a letter from Essex Police through the door last week asking me to identify the driver of my car (which I duly did).
The letter states that prosecution “may” be brought against the driver of the vehicle for “Use of a motor vehicle in a manner as to cause excessive noise”. The car has a stock exhaust, has recently passed it’s MOT and was not being driven to cause excessive noise (I have it all on camera), it was at 5pm in rush hour. My car insurance is up next month, is this something that I have to tell them?
The letter states that prosecution “may” be brought against the driver of the vehicle for “Use of a motor vehicle in a manner as to cause excessive noise”. The car has a stock exhaust, has recently passed it’s MOT and was not being driven to cause excessive noise (I have it all on camera), it was at 5pm in rush hour. My car insurance is up next month, is this something that I have to tell them?
What sort of car is it?
I have been stopped by police whilst on my bike who said that in their opinion the exhaust was too loud and hadn't on inspection got a baffle in it. They just gave me a verbal warning however.
The bike had passed an MoT with that exhaust fitted and was idling at a red light when the Police stopped me.
I have been stopped by police whilst on my bike who said that in their opinion the exhaust was too loud and hadn't on inspection got a baffle in it. They just gave me a verbal warning however.
The bike had passed an MoT with that exhaust fitted and was idling at a red light when the Police stopped me.
Edited by warch on Friday 15th March 11:47
Its designed to give busybodies the ability to report you to the police, the police have to act on it. I was once reported for dangerous driving as my car 360 degreed coming out of a side road (faulty abs wiring loom put power to outside rear wheel). Fortunately I found the loom had a cut in it but when I got the letter I simply said I was driving at the time but had no recollection of the incident.
Do not incriminate yourself. In my instance the idiot that reported me had actually sped to overtake several cars and sat on my arse so they could get the number plate.
Had I said to the piolice,yes I remember doing a 360 I'd have been admitting to driving without due care and attention - they had no evidence but would have then taken my word and I'd have had a job proving the fault.
Do not incriminate yourself. In my instance the idiot that reported me had actually sped to overtake several cars and sat on my arse so they could get the number plate.
Had I said to the piolice,yes I remember doing a 360 I'd have been admitting to driving without due care and attention - they had no evidence but would have then taken my word and I'd have had a job proving the fault.
j_4m said:
If your car has a stock exhaust I wouldn't worry about it.
Yes, totally stock and I have it all on film.My only concern is my insurance renewal. They ask "do you have any pending prosecutions?"
When you get a speeding ticket through it states you are being prosecuted. Mine says that I "may" which is incredibly vague.
petjam said:
Morning all, hopefully someone can help? I got a letter from Essex Police through the door last week asking me to identify the driver of my car (which I duly did).
Do you legally have to tell them, what if you cant remember,would the RK have to take the blame. I'm assuming this is different to a NIP for speeding.petjam said:
Yes, totally stock and I have it all on film.
My only concern is my insurance renewal. They ask "do you have any pending prosecutions?"
When you get a speeding ticket through it states you are being prosecuted. Mine says that I "may" which is incredibly vague.
Unless they've sent you a proper NIP then you answer "no". A simple caution letter is not a pending prosecution.My only concern is my insurance renewal. They ask "do you have any pending prosecutions?"
When you get a speeding ticket through it states you are being prosecuted. Mine says that I "may" which is incredibly vague.
j_4m said:
Unless they've sent you a proper NIP then you answer "no". A simple caution letter is not a pending prosecution.
A NIP requires no response, but you would have a statutory obligation to respond to a request pursuant to s.172 Road Traffic Act 1988.Ignore that - on re-reading the above, I think you were referring to the OP's response to his insurers.
Edited by SS2. on Friday 15th March 12:37
j_4m said:
If your car has a stock exhaust I wouldn't worry about it.
Yes, totally stock and I have it all on film.My only concern is my insurance renewal. They ask "do you have any pending prosecutions?"
When you get a speeding ticket through it states you are being prosecuted. Mine says that I "may" which is incredibly vague.
j_4m said:
Unless they've sent you a proper NIP then you answer "no". A simple caution letter is not a pending prosecution.
That's what I am thinking. The letter is titled "Intention to Prosecute" and the first line reads "You are given notice that a prosecution may be brought against the driver of the vehicle below", so the first line kind of contradicts the title.
No decision to prosecute has been made, they use the word "may". You "may" choose to incriminate yourself or you "may" choose to simiply state you are the registered keeper of the car and was driving it at the time in question. They "may" then ask you to attend an interview, if they do, be under no false impression that this is a friendly chat as you "may" incriminate yourself - if you attend, ask for the duty solicitor as the policy have to provide the evidence they have against you to that person but if you don't, you go into your chat without any understanding of what they "may" have.
In short, don't panic you haven't been prosecuted, you will be likely invited in for a chat, you are not admitting any level of guilt if you request a solicitor to be present that's just your legal right and you should execute it.
In short, don't panic you haven't been prosecuted, you will be likely invited in for a chat, you are not admitting any level of guilt if you request a solicitor to be present that's just your legal right and you should execute it.
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