Vyper, I'm a copper in Devon & Cornwall, ( I'll be back in the bay in October mate) and have to say I disagree that this falls within the definition of s40, as a ) deals with the condition of the vehicle ie jagged bodywork, excessive corrosion in structural area, a loose battery etc.

The flame I would guess is caused not by the condition of the vehicle but by a condition of the fueling ? Exhaust fumes / flames aren't obviously part of a vehicle.

If you used s40 for this then why wouldnt this legislation be used for vehicles that give off excess smoke ? This can be a danger in itself to other persons. Anyway I can't see how this would be proved in court as unless you had a flamer kit fitted the Police would not be able to replicate the flames and you could always claim it was a one off, apologise and promise to get it looked at.

I'm meeting with a vosa rep and force vehicle examiner on the 8th May, so I'll make some enquiries there if you like.

cheers

steve