Summons over no silencer fitted to Lexus

Girlxx

Being brought to court over no silencer fitted to mpv.

I was asked to produce the car with a different exhaust before I got the summons but I never did because it passed the nct with the said exhaust so I just left it. Car isn't too loud anyway this guard is just out to get me..

Now I've to go to court over it..

If I show the nct sheets will it be thrown out? Anyone know what happens?

I doubt I need a solicitor do I?

Also first offence and I'm 24 if that makes a difference..

Atlantic Dawn

How did the guard measure the noise being emitted from it?

Girlxx

Atlantic Dawn wrote: »

How did the guard measure the noise being emitted from it?

Nothing, just his own opinion!

mullingar

Why on earth would you fit a loud exhaust to a MPV? If it was a Ford with the 2.5T or something north of 200hp, fair enough, but what MPV is it?

Anyway I'd go to the Garda station and explain to the Garda that it passed the NCT and they may/may not take it further.

Girlxx

mullingar wrote: »

Why on earth would you fit a loud exhaust to a MPV? If it was a Ford with the 2.5T or something north of 200hp, fair enough, but what MPV is it?

Anyway I'd go to the Garda station and explain to the Garda that it passed the NCT and they may/may not take it further.

It's just a lexus is200.. I went already when he rang saying he was going to summons me but he pretty much said tough titties..

irelandrover

Why did you not go into teh station after passing the NCT?
How did you expect the Guard to know you passed?

Girlxx

irelandrover wrote: »

Why did you not go into teh station after passing the NCT?
How did you expect the Guard to know you passed?

It already had passed nct with the exhaust?

biko

A Lexus is200? That is not an MPV

Girlxx

biko wrote: »

A Lexus is200? That is not an MPV

Yeah I know but apparently it says mpv on everyones summons for loud exhaust I've read on boards 🙈 strange but sure that's not the issue anyways

GM228

So does your car hav no silencer or just too loud a silencer?

The offence is for not having a silencer or not having a silencer which which reduces to a "reasonable level the noise". The question is what is reasonable? There is no way to measure it by a Guard and as such I have never heard of a prosecution for such (bar having no exhaust system at all).

q85dw7osi4lebg

Should be thrown out.

fancy pigeon

Girlxx wrote: »

It's just a lexus is200..

Garda magnet of a car

GBX

Girlxx wrote: »

Yeah I know but apparently it says mpv on everyones summons for loud exhaust I've read on boards �� strange but sure that's not the issue anyways

Yeah, I dont think Boards threads can be a point of reference to show the judge ..

GM228

Girlxx wrote: »

Yeah I know but apparently it says mpv on everyones summons for loud exhaust I've read on boards 🙈 strange but sure that's not the issue anyways

MPV means "mechanically propelled vehicle". A lexus is indeed a MPV

biko

Thanks GM228, I will update title so others don't get confused as I was

Similar cases that have gone to the courts have resulted in fines at 200/300 euro.
Hopefully the NCT cert may sway the judge but tbh you could just as well have removed and fitted it back.

Keep us posted.

Tefral

This is very simple.

Whats to say that during the course of your journey that the exhaust didn't get damaged?

S.I. No. 190/1963 - Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963.
36. Where a person is charged with a contravention of any provision of this Part of these Regulations, it shall be a good defence to the charge to show that the contravention arose from a defect in the vehicle or trailer or their equipment which occurred on the day on which, and during the journey on which, the contravention took place and that immediate steps were taken to have the defect repaired and that, in the case of a defect liable to make the driving of the vehicle dangerous, the vehicle was immediately parked in the nearest safe place.

Girlxx

GM228 wrote: »

So does your car hav no silencer or just too loud a silencer?

The offence is for not having a silencer or not having a silencer which produces a "reasonable level the noise". The question is what is reasonable? There is no way to measure it by a Guard and as such I have never heard of a prosecution for such (bar having no exhaust system at all).

No it's straight pipe from the cat back..

Girlxx

GM228 wrote: »

MPV means "mechanically propelled vehicle". A lexus is indeed a MPV

I thought it was multi purpose vehicle?? Haha

Girlxx

biko wrote: »

Thanks GM228, I will update title so others don't get confused as I was

Similar cases that have gone to the courts have resulted in fines at 200/300 euro.
Hopefully the NCT cert may sway the judge but tbh you could just as well have removed and fitted it back.

Keep us posted.

I did think of that but he would of just kept harrasing me I'd say.. Awh I'll just hope for the best anyways thanks!!

GM228

Girlxx wrote: »

No it's straight pipe from the cat back..

In which case it should not have even passed the NCT, but that's another story.

Carpentry

straight pipe is loud enough, if you remove the silencer than it sounds like a staring airplane. thats aking for troubles

Carpentry

GM228 wrote: »

In which case it should not have even passed the NCT, but that's another story.

yep.

Charles Babbage

Because it passed the NCT at some time before the date the Guard stopped you does not mean that the exhaust was compliant on that day. You couldn't say that your lights were ok because they had been when you passed the NCT 6 months before.

Girlxx

Charles Babbage wrote: »

Because it passed the NCT at some time before the date the Guard stopped you does not mean that the exhaust was compliant on that day. You couldn't say that your lights were ok because they had been when you passed the NCT 6 months before.

Passed again afterwards too

rex-x

GM228 wrote: »

So does your car hav no silencer or just too loud a silencer?

The offence is for not having a silencer or not having a silencer which produces a "reasonable level the noise". The question is what is reasonable? There is no way to measure it by a Guard and as such I have never heard of a prosecution for such (bar having no exhaust system at all).

I believe the limit is 99dB and the traffic core have a little tripod and microphones to measure (got measured a few years ago myself) but not sure how an opinionated level of sound will work.

dashoonage

Chaya Helpless Squeegee wrote: »

Should be thrown out.

This poster has it right...dispose of the is200 immediately.

mullingar

Imo any car owner with a straight through pipe for daily use is extremely inconsiderate to others.

Just put in a high flow approved silencer instead or keep it for track days.

SBPhoto

If its a straight pipe from the cat back then it doesn't have a proper silencer, and they can be quiet noisy and illegal.
have one myself in my younger days on a Opel Kadett SR. made quiet a racket till i was told politely by a Garda to fix it or else.

sunnysoutheast

fancy pigeon wrote: »

Garda magnet of a car

Focus magnet too, apparently, but only if fitted with a Mark Levinson sound system

Supergurrier

The amount of noisy is200's i see around is ridiculous,

You can't even hear the engine, it's just noise.

I've had and have atm a very loud car but it's not just unfiltered noise from no muffling or resonation which sounds horrible

road_high

mullingar wrote: »

Imo any car owner with a straight through pipe for daily use is extremely inconsiderate to others.

Just put in a high flow approved silencer instead or keep it for track days.

Defo agree. These things go through me like a freight train, absolutely despise them and their attention seeking thunderous noise. Good to see the Gardaí cracking down.

Isambard

seems to me you'll be convicted, the Gard gave you a chance to un-modify your exhaust , hardly surprising he should prosecute you when you ignored his largess

dashoonage

is she any good for the schlab lad?

colm_mcm

Great to see the guards dealing with this.

Truckermal

colm_mcm wrote: »

Great to see the guards dealing with this.

Typical Lexus driver!

colm_mcm

They're just the worst!

mickdw

colm_mcm wrote: »

Great to see the guards dealing with this.

Much as i hate the boy and girl racer crap, we cannot have gardai forming random opinion without using some measuring device. You cannot have a situation when the statutory roadworthiness test says a car is road legal and a gardai without mechanical qualification can state its not road legal. Now i know all sorts goes on like swapping out bits to get through the test but still use a device that in some way corresponds with nct and do it right.

I've had Garda tell me my bike sounds deadly and it's been de cated with straight through lol , this lad sounds like he has a bee in his bonnet

Go to court with your nct, neither the guard or the judge or mechanics and it hasn't been measured so I don't see how it can't not be thrown out

Has the car actually got no silencer so just a piece of pipe? It must sound like ****

James Bond Junior

Have you come to the attention of the Gardai for any other reason? Diffing for instance? I'm not trying to be judgemental or on my high horse but is there a chance you've come to the Gardai's attention at other times and this is their way of catching you for something?

Effects

James Bond Junior wrote: »

Have you come to the attention of the Gardai for any other reason?

Sounds like it.

Girlxx wrote: »

this guard is just out to get me..

Isambard

the roads aren't a playground

Marcusm

biko wrote: »

A Lexus is200? That is not an MPV

A mechanically propelled vehicle in statutory terms!

dashoonage

Marcusm wrote: »

A mechanically propelled vehicle in statutory terms!

also known as a schlab car.

Caliden

A straight pipe exhaust with no silencer?

You've gone deaf from it if you honestly think yourself that it's not loud.

You're getting the summons because you failed to appear at the Garda station.

It passed NCT, so what?

Sorry to say but you're going to have to go with your tail between your legs and hope the judge isn't in a bad mood because I'm struggling to see how you'll get it struck out.

vectra

Girlxx wrote: »

I thought it was multi purpose vehicle?? Haha

To lots of owners they actually are

Driving
and
diffin. :pac:

Girlxx

James Bond Junior wrote: »

Have you come to the attention of the Gardai for any other reason? Diffing for instance? I'm not trying to be judgemental or on my high horse but is there a chance you've come to the Gardai's attention at other times and this is their way of catching you for something?

Nope 100% not, first time out of the blue tbh!

Girlxx

Supergurrier wrote: »

The amount of noisy is200's i see around is ridiculous,

You can't even hear the engine, it's just noise.

I've had and have atm a very loud car but it's not just unfiltered noise from no muffling or resonation which sounds horrible

Wow that comment was a great help thanks!! Xoxoxoxo .............

shietpilot

Probably a very loud car without a single silencer after the cats and a well known model of car to the Gardai. I think you are asking for trouble without sorting it to be honest

vectra

Girlxx wrote: »

Nope 100% not, first time out of the blue tbh!

So.
First time and out of the blue.
Yet you say you think he is out to get you.

Have you forgotten that he gave you the chance to rectify the situation before you allowed it to escalate to this?

Straight pipe.
Is200
Fits a category of fanbois.
Garda gives you a fair chance.

In the Gardas mind when you ignored his kind gesture you deserve a court appearance.

Henry Ford III

Did you ever notice the noise from the exhaust yourself OP?

Cee-Jay-Cee

James Bond Junior wrote: »

Have you come to the attention of the Gardai for any other reason? Diffing for instance? I'm not trying to be judgemental or on my high horse but is there a chance you've come to the Gardai's attention at other times and this is their way of catching you for something?

Of course he has.

No one buys a Lexus or Altezza for anything other than diffing and messing about on the roads. The fact that he has a straight pipe just confirms that.

No doubt the arse of the car is dragging on the ground like all the rest of them on the road.