Defective Silencer

Question:

I got pulled over last night by a police officer in a road traffic car.

I have an aftermarket exhaust fitted to the car, and it was blowing on the rear flange. The officer told me he thought my silencer was blowing and I told him I had a new gasket on order for it.

I was issued with a £30 fixed penalty fine, carried no points with it luckily. I’ve looked this up on the internet and found two websites which state the policy to dealing with that offence is by vehicle defect note to rectify within 7 days, not a £30 fixed fine.

My question, is the information I have found correct, and if so, where do I stand on challenging this?

Emma Says:

Offering the vehicle defect rectification scheme is entirely at the discretion of the police. The only basis upon which the challenge a fixed penalty is if you do not accept the allegation. If you take it to court and accept the allegation you will simply get a higher fine and court costs. The court has no discretion to order the police to let you do the course.



About Emma Patterson

Emma has built Patterson Law into one of the leading specialist motoring law legal practices in the UK. By carefully assembling a team of exceptional road traffic law experts Patterson Law has been able to out perform their competitors with high success rates in court.
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