1. Prohibition of supply of exhaust systems etc. not complying with prescribed requirements. E+W+S
(1) Subject to subsections (3) and (4) below, no person shall, in the course of carrying on a business, supply or offer or agree to supply or expose or have in his possession for the purpose of supplying—
(a) an exhaust system for a motor cycle; or
(b) a silencer, or any component other than a silencer or fixing, for such a system, unless the system, silencer or component complies with such requirements as may be prescribed by regulations made by the Secretary of State and, as respects such a system or silencer, the requirements of the regulations as to packaging, labelling and the provision of accompanying instructions are complied with.
(2) The regulations made by the Secretary of State for the purposes of this section shall be such as he considers necessary for preventing the supply of exhaust systems, silencers and components which are likely to result in motor cycles to which they are fitted emitting excessive noise; and those regulations may—
(a) prescribe requirements by reference to any British Standard Specification, any regulations [ F1 made or having effect as if made under section 41 of the Road Traffic Act 1988 ] , any [ F2 EU ] instrument or any other instrument issued by an international authority; and
(b) make different provision for different cases.
(3) Exemptions from this section or any requirements imposed under it may be conferred by regulations made by the Secretary of State or, in the case of an exemption applying to a particular person, by a notice in writing given by him to that person.
(4) Subsection (1) above does not apply in any case in which the person in question reasonably believes that the exhaust system, silencer or component will not be used in the United Kingdom.
(5) Before making any regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit.
(6) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The Schedule to this Act shall have effect with respect to contraventions of this section and the enforcement of its provisions. Textual Amendments F1 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1) , s. 4 , Sch. 3 para. 33 F2 Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , arts. 2 , 3 , 6 (with arts. 3(2)(3) , 4(2) , 6(4)(5) ) Modifications etc. (not altering text) C1 S. 1 excluded (1.8.1996) by S.I. 1995/2370 , regs. 5(1)(2)(3)
