► Garages fined for illegal mods
► Decat exhausts are MOT failures
► As are ‘too loud’ ECU remaps
A second car tuning company as been fined for adding a ‘pop bang’ ECU remap to a car, in a prosecution brought by the Driver and Vehicle Standards Agency (DVSA). The case follows a similar ruling in December 2023 that effectively rendered pop bang remaps illegal.
The earlier case resulted in tuning companies being obliged to inform customers if a modification would make their car illegal for use on the road. Onyx Performance of Reading met that obligation, however the judge ruled it had failed to make sure that the car would not be used on the road.
Until now there had been no such obligation in law but, under the UK’s system of case law, the ruling sets a precedent that other tuning companies will now have to abide by.
What happened in this case?
Onyx Performance removed the catalytic converter and exhaust silencer from an unnamed vehicle before adding a ‘pop bang’ remap to the ECU. While the company advised that the car would not be road legal as a result of the modifications, they did not make sure the car wouldn’t be used on the road.
Removing a cat and silencer is illegal and results in an MOT failure. DVSA also tested the noise levels of the car and found it to be over the 75dB legal limit. Having been convicted at Reading Magistrates Court, Onyx Performance was ordered to pay a fine totalling £5,800.
What did the judge say that’s new?
The judge hearing the case ruled that there is a ‘heavy burden’ on tuning companies to make sure that a car fitted with modifications that make it illegal for road use will only be used off-road – on a race track, for instance.
According to the DVSA’s report on the case, businesses ‘must take all reasonable steps’ to explain whether or not a particular modification is road legal. If not, they must ‘satisfy themselves that the vehicle is not to be used on public roads.’
The report adds: ‘Vehicles need to leave their premises on a trailer if changes made render the vehicle illegal for road use.’
What happened in the earlier case?
West Yorkshire firm AET Motorsport was found to be openly advertising decat exhaust systems and noise-generating ECU remaps. The DVSA’s Market Surveillance Unit engaged the company to carry out the modifications to a Ford Fiesta ST. Once the modifications were completed, the car was found to be generating 77dB of noise – 2dB over the legal limit. Remember that an increase of 1dB effectively represents a doubling of the volume of noise.
At no point did AET Motorsport point out the illegality of the modifications. The company was fined over £7,000 by Kirklees Magistrates Court.
What the authorities say
After Onyx Performance’s conviction, DVSA’s head of the Market Surveillance Unit, Chris Dormand, said: ‘We’re delighted with this outcome which, combined with a similar recent prosecution, highlights that companies must act within the law.
‘Modifications designed for off-road use are illegal on our roads and businesses will be held accountable. DVSA takes this activity very seriously and, where appropriate, we will prosecute companies who offer [these] services.’
Roads Minister, Guy Opperman, added: ‘Everyone knows that horrific sound, when exhausts go pop and bang in the street, and cracking down on companies that fit these modifications shows our commitment to ensuring that Britain’s roads remain among the safest in the world.’
What might happen if I’ve already fitted a pop-bang exhaust set up?
It’s not just companies that risk being fined. The Department for Transport is currently trialling ‘noise cameras’ that detect when a car is exceeding the legal noise limit. Police can issue a £50 on-the-spot fine to drivers of such cars. If the trial proves successful, noise cameras are likely to be rolled out across the UK.
The DVSA also told CAR: ‘To stay road legal, consumers will need to choose a [modification] supplier who has the correct knowledge to keep them within the law.’