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Old 29 July 2012, 12:36   #1
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Tohatsu 9.8 2-stroke engine.

I bought a new one of these some time ago from a dealer in the Channel Islands.

At the time there was some discussion as to whether it was strictly legal to purchase one of these engines new in this way, for use in the UK.

The dealer (a registered Tohatsu dealer) insisted it was all above board, but opinions were varied on here.
Speaking to a Tohatsu dealer in the UK recently, at first he said it was "illegal" for them to sell these engines to the UK. But then I asked why they had not been brought to book for it?

so he said "it's because they are in the Channel Islands"

So does that mean it's legal, or is it not legal for them to supply somebody in the UK with a Tohatsu 9.8 2 stroke engine?
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Old 29 July 2012, 12:47   #2
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Quote:
Originally Posted by lightning View Post
I bought a new one of these some time ago from a dealer in the Channel Islands.

At the time there was some discussion as to whether it was strictly legal to purchase one of these engines new in this way, for use in the UK.

The dealer (a registered Tohatsu dealer) insisted it was all above board, but opinions were varied on here.
Speaking to a Tohatsu dealer in the UK recently, at first he said it was "illegal" for them to sell these engines to the UK. But then I asked why they had not been brought to book for it?

so he said "it's because they are in the Channel Islands"

So does that mean it's legal, or is it not legal for them to supply somebody in the UK with a Tohatsu 9.8 2 stroke engine?
If it was newly imported to the UK then it can only be sold legally to a commercial or rescue operator. If the dealer had it in stock since before the ban was introduced (2006?) then that was fine.

Aparantly a few people have bought them commercially and then sold them on to leisure users 'secondhand'. But the price on a brand new two strokes is now very high compared to four strokes.
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Old 29 July 2012, 15:24   #3
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But surely the dealer didn't import it?

Lightning did!
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Old 29 July 2012, 15:30   #4
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Quote:
Originally Posted by samt

If it was newly imported to the UK then it can only be sold legally to a commercial or rescue operator. If the dealer had it in stock since before the ban was introduced (2006?) then that was fine.

Aparantly a few people have bought them commercially and then sold them on to leisure users 'secondhand'. But the price on a brand new two strokes is now very high compared to four strokes.
If you buy it new on a commercial basis (after 2006) you can only legally sell it to another commercial operator used, be it one month or one year later! As the commercial operator (seller) you are responsible to ensure the used next buyer is indeed commercial.

That's how I've read the rules,

The interesting point in the OP thread would be how was it sent over to you ? Was it disclosed as being a new 2 stroke outboard and was VAT paid on it ? It would be you who had broke the law as you imported it, which is illegal, unless your commercially registered. The seller would just argue he sold it subject to his own governing laws, of which he hasn't broken

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Old 29 July 2012, 15:34   #5
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I looked at this last year and got a quote from the same supplier. A minty used 2hotsue turned up so I bought it.

It is perfectly legal to sell a 2 smoke outside the EU. Channel islands are outside the EU. So like I said legal to sell.

So L bought a 2 smoke outside the EU - seems legal to me.

Bringing a used 2 smoke into the EU is legal. If L wanted to sell said 2 smoke then that would be illegal unless for commercial or racing use.

Another dealer quoted for a new 2 smoke as long as I raced other boats...
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Old 29 July 2012, 16:26   #6
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That is how it was explained to me at the time.

Legal to buy the engine, but l can't sell it on unless the buyer is a commercial operator.
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Old 29 July 2012, 16:28   #7
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Quote:
Originally Posted by lightning
That is how it was explained to me at the time.

Legal to buy the engine, but l can't sell it on unless the buyer is a commercial operator.
Not unless you bought it under a commercial licence as it wasn't a used 2 stroke you brought in, it was a new one

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Old 29 July 2012, 18:32   #8
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That's the thing.

Some are saying it's legal, some are not!

When I wanted a more powerful engine for my SIB everybody recommended this engine as being the one to go for. Then the same discussion happened at the time, after I had bought the engine.

I wonder how many of these engines they sell to the UK.
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Old 30 July 2012, 03:12   #9
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Quote:
Originally Posted by lightning
That's the thing.
Some are saying it's legal, some are not!
That's because nobody knows for sure, perhaps, although Peter's arguement seems logical but I suspect it's not one you want to hear. You could always trundle off to the local customs/trading standards/whatever and ask them. But if you feel you might not like the answer...

In any case, last time I looked, the 2 stroke police were thin on the ground so enjoy unless, of course, you've ever upset WilLfish and there's risk he'll dob you :-)
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Old 30 July 2012, 03:17   #10
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unless, of course, you've ever upset WilLfish and there's risk he'll rob you :-)
Fixed that for you Leapy
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