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Is it illegal to remove a DPF?

I have a BMW 118 ES Coupe, which I purchased new in 2011. I love the car and would like to keep it over the long term, but I would like to try and avoid the costly DPF bills down the road.

I understand a number of companies offer a DPF and Swirl Valve removal, with new blanking plates, along with a re-mapped ECU for this type of BMW engine.
This will avoid expensive replacements in the case of the DPF, or much more expense if the turbo fails, due to a failed DPF, or the swirl valve/s breaks up - is this legal or a potential MoT failure point?

James Morgan (Mid Wales) via email.

Asked on 16 October 2013 by James Morgan

Answered by Honest John
Legal requirements:

It is an offence under the Road vehicles (Construction and Use) Regulations (Regulation 61a(3)) to use a vehicle which has been modified in such a way that it no longer complies with the air pollutant emissions standards it was designed to meet. Removal of a DPF will almost invariably contravene these requirements, making the vehicle illegal for road use.

A vehicle might still pass the MoT visible smoke emissions test, which is primarily intended to identify vehicles that are in a very poor state of repair, whilst emitting illegal and harmful levels of fine exhaust particulate.
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