I'm actually just doing my response now, having driven an office posting for 9 months and then coming out I thought it's about time I did it. Actually have my final drive tomorrow!

I asked at Hendon and was told by a driving instructor who is ex-traffic that it would be section 40 or 40A, the obvious difference really being one is endorsable so depends if you feel it warrants 3 points.

He stated that the condition of the vehicle (be it the exhaust/fuels system etc) is causing the flame, and the flame being dangerous means that the condition of such a vehicle involves a danger of injury.

If no flamer kit has been added, then the flame really is caused by the condition of the vehicle itself, regardless of which part or system is responsible.