Illegal exhaust firm prosecuted in landmark case

Richard Aucock, ContributorWed, 06 Dec 2023

A business supplying so-called ‘pop and bang’ exhaust upgrades has been prosecuted by the Driver and Vehicle Standards Authority (DVSA) in a landmark first-of-its-kind case. Wakefield’s AET Motorsport Limited was convicted for openly advertising and supplying illegal vehicle alterations which increased noise. The ‘Pop and Bang Remap Software Upgrade’ involved removing the catalytic convertor and making software alterations to increase output noise.

Crucially, replacing the catalytic convertor with a delete pipe meant it could not legally be driven on the road, and would not pass an MoT emissions test. To see if it would provide the advertised service, the DVSA went undercover and booked in a test car with AET Motorsport. “At no point did the company warn their customer that the vehicle would not be driven legally on the road following the modifications, and that it would no longer pass an MoT emissions test,” said the DVSA.

The test car was analysed for noise levels at a government testing facility both before and after modifications. The second test duly confirmed noise levels went beyond those legally allowed.

AET Motorsport pleaded guilt to the offence. In passing sentence, it was duly awarded a credit of one-third for this and therefore ordered to pay a total of GBP7234 by the way of fine, victim surcharge and costs.

Christopher Dormand, head of the DVSA’s Market Surveillance Unit, said: “It is illegal to drive a vehicle on the road after the exhaust system has been altered to increase noise levels or adversely affect the emissions.” “These modifications are anti-social, can damage public health and result in an MoT failure. This investigation shows DVSA takes this activity seriously and we will continue to take strong action on offenders.”

The presiding judge added the DVSA was right to bring the case and the prosecution served as a lesson leaned for the company that any business owner has an obligation to know what the law is.