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PART IIREGULATIONS GOVERNING THE CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

KCONTROL OF EMISSIONS

Noise limits—motor cycles

57.—(1) Save as provided in regulation 59, paragraph (2) of this regulation applies to every motor vehicle first used on or after 1st April 1983 which is—

(a)a moped; or

(b)a two-wheeled motorcycle, whether or not with sidecar attached, which is not a moped.

(2) Every vehicle to which this paragraph applies shall be so constructed that—

(a)its sound level does not exceed the relevant limit specified in column 2(a) or (b), as the case may be, in item 1 of the Table when measured under the conditions specified in column 3 in that item by the method specified in column 4 in that item using the apparatus prescribed in regulation 55(6); and

(b)the device designed to reduce the exhaust noise meets the requirements specified in column 5.

(3) The silencer which forms part of the exhaust system of a motorcycle first used on or after 1st January 1985 shall be either—

(a)that with which the vehicle was fitted when it was manufactured; or

(b)clearly and indelibly marked with either—

(i) the British Standard marking indicating that it has been tested in accordance with test 2; or

(ii) a reference to its make and type specified by the manufacturer of the vehicle.

(4) A motor cycle shall not be used on a road if it is fitted with an exhaust system any part of which is marked with the words “NOT FOR ROAD USE” or words to the like effect.

(5) Instead of complying with the provisions of paragraph (2), a vehicle referred to in paragraph (1)(b) may comply at the time of its first use with Community Directive 78/1015.

(6) In this regulation—

British Standard marking” means a marking specified in paragraph 6.1 of the British Standard Specification for replacement motorcycle and moped exhaust systems, which came into effect on 30th September 1983, issued by the British Standards Institution under reference number BS AU 193:1983, and “test 2” means the test so described in that Specification and therein specified; and

moped has the meaning given to it in paragraph 5 of Schedule 9.

TABLE

(regulation 57(2))

12 345
Limits of sound level
ItemVehicle referred to in paragraph (1)(a)Vehicle referred to in paragraph (1)(b)Conditions of measurement Method of measurement Requirements for exhaust device
173dB(A)Limits specified in paragraph 2.1.1 of Annex I to Community Directive 78/1015Conditions specified in paragraph 2.1.3 of Annex I to Community Directive 78/1015Method specified in paragraph 2.1.4 of Annex I to Community Directive 78/1015. Interpretation of results as in paragraphs 2.1.5.2, 2.1.5.3 and 2.1.5.4 of that Annex Requirements as specified in paragraph 3 of Annex I to Community Directive 78/1015 except for sub-paragraph 3.2.