Is it legal to remove the DPF from a car?

I am a little confused. I know that removing a Diesel Particulate Filter is a modification and would have to be declared to my insurance, but as it is not legal to have a DPF it is the converse that it is not illegal not to have one, particularly if as you say the EC law is not enforced as part of the MoT. It may be cheaper to take the hit on the insurance rather than replace a suspect DPF. At this moment I am only getting minor problems and my intention would be to replace the DPF when selling.

Asked on 7 September 2013 by DG, via email

Answered by Honest John
My advice legally has to be not to remove it because to remove it is technically illegal whether that particular EC Directive is enforced in the UK or not. I cannot legally advice people otherwise. Under Regulation 61A of the Road Vehicles (Construction and Use) Regulations 1986, it is an offence to use a car on the road that has been modified and, as a result of the modification, does not meet the emissions requirement that applied to it when new. This is likely to be the case if a diesel particulate filter is removed. Removing and replacing a DPF is not straightforward. Sensors, wiring and reprogramming the ECU will need to be taken into account.
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