Off Topic legal help (any lawyers on here)

[wytonpjs]

TBF, I only had my EGR valve bypassed with a blanking plate that cost less than 5 quid, the ECU needed remapping, all in it was £290. Vehicle runs like a dream, and two years on, the blasted light has never blinked. Apparently, the modification turns my Euro 6 engine into a Euro 5. Passes the MOT every time

Its such a lottery!

Having had to take my Discovery Sport to my local independent JLR garage twice in the last 18 months to address 2 red dpf/reduced engine performance faults that my fairly top-end Autel diagnostic tablet couldn't address, many of my colleagues advocate a delete/re-map but that is as others point out illegal and constitutes a MOT fail as the OP has discovered. However, it does seen to be fairly common practice to do a full dpf delete but the MOT garages turning a blind eye to this are breaking the law - such as lottery.

 

[Heym SR20]

TBF, I only had my EGR valve bypassed with a blanking plate that cost less than 5 quid, the ECU needed remapping, all in it was £290. Vehicle runs like a dream, and two years on, the blasted light has never blinked. Apparently, the modification turns my Euro 6 engine into a Euro 5. Passes the MOT every time

Challenge of a Euro 5 in Scotland is that just about all our City Centres are low emission zones. Euro 6 are exempt. Euro 5 you get fined if you go in. Its not a charge, but a fine that £60 first time and then doubles each time you cross the boundary. It can soon get bloody expensive.

It’s why I traded in my perfectly good old A4 Audi for a Euro 6 compliant VW Touareg which has two large exhaust pipes and a V6 engine just to wind the city councillors up.

A diesel engine with a DPF needs regular good long runs at motorway type speeds to burn off the carbon build up. They cause big problems if most of your driving is just local pottering about either in town or on little country roads. Even better is to stick a big trailer on the back and give the engine good hard work to do.

If you are just pootling about a petrol engine is much much less bothersome.

 

[shakey jake]

See @Heym SR20 as above.
Arguably also a fraud.

Removal isnt against the law, using on a public rd

 

[Tom102938]

And that’s why you have bought a car that is illegal to use on the road, because an MOT centre was not obeying the law. I really don’t see it as a problem that MOT Centres in Scotland obey the law.

Im not saying it is a problem am I? I was clearly asking if anyone had been in the same situation and could advise!

 

[Heym SR20]

Im not saying it is a problem am I? I was clearly asking if anyone had been in the same situation and could advise!

Mmmm - not a problem?

tommustoe said:
Thats the problem up here in scotland I can't get a MOT station to bypass it. None of them will

 

[nun_hunter]

Your vehicle is far from unique. Many vehicles have had their EGR valve and DPF bypassed or removed, as people become frustrated with warning lights coming on every few months.
I had my EGR valve bypassed after my VW warranty expired, VW sorted the ongoing issue 3 times under warranty, and once when it was a few weeks out of warranty as a "goodwill" gesture.
Getting it bypassed was the best £290.00 I've ever spent.
Just find an MOT station that will pass it and enjoy trouble-free motoring.

I had the egr valve blanked and the engine management light coded out of my pick up truck. No way during an MOT this would be found out. A DPF unit missing from a new diesel car and the subsequent altered emissions would definitely be picked up during an MOT.

You may find an MOT tester who will overlook these for you but not very many will put themselves at risk for something as obvious as this for the sake of £50 now it is all online and easily traceable.

 

[Heym SR20]

If you look at the actual you see that it uses the words “knowingly” and “enabling” in terms of contravening the regulations. So a garage disabling or removing a DPF is enabling the driver to break the law.

The OP, when he had just bought the car in question would probably have a good defence, in that he bought a car with a recent MOT on the basis that it was fit for purpose and legal to drive on the road. If you bought a car from a “reputable” dealer it would be unreasonable to expect the buyer to be fully conversant in full mechanics of the vehicle.

However now that it has failed the MOT because the DPF has been removed he is now “knowingly” driving a vehicle that is illegal, and any MOT centre that passes this vehicle would enabling him to break the law.

And if he had an accident, his insurance company could quite legitimately void the insurance so he is probably driving without valid insurance.

The garage who sold it to him is at fault, and so is the finance company that provided the finance, mind you in the latter case the finance company has put the funding with a “road legal car” as the collateral. Given that this is not the case, the finance company has also been defrauded by whomever arranged the finance.