Originally Posted by willk
Happily I am
wrong about this
Some timely PM assured me that direct sale of 2 strokes to the UK from the CI is all above board.
mmm... interesting interpretation of the RCD that your PM'er has arrived at. "Old tech" 2 strokes don't comply with the RCD emmission regulations and therefore cannot be "placed on the market" in the UK (or elsewhere in the EU). The UK law
is clear that "placed on the market" includes "placed into service".
So I think it is clear someone is technically breaking the law by importing an old tech 2 stroke from the Channel Islands for leisure use. The question might be who? Is it a vendor in the CI's or a buyer in the UK.
It could certainly be argued that anyone advertising in the UK, or quoting including delivery to the UK is offering the product on to the UK market, and is the wrong side of the line. If you go to the CI's and buy the goods in person and physically import them yourself then its probably not the vendors concern.
Now whilst technically it is almost certainly illegal (just as others may have illegally imported engines from the USA) - in reality you are very unlikely to get caught because enforcement is the responsibility of trading standard (who are generally clueless on boats and engines) and who have no presence or resources to inspect goods arriving in the UK. Customs won't be interested so long as you are paying the VAT/duty.
This is great news and I am delighted to stand corrected. I'm surprised that there isn't more use made of this loophole, given that fresh 2 strokes are so widely sought on here.
I agree it is potentially good news because 2 strokes are actually much better in some applications - and as you said in your earlier post typically used very little. However there may be some downsides:
- no manufacturer is going to support warranty on an illegally imported engine; so at best you are looking at return to CI's for faults.
- an insurance claim (e.g. for theft) could get tricky if their loss adjuster spots an excuse to get off the hook.
- there is a risk, albeit tiny, that someone at trading standards suddenly shows some interest and you get in some bother.
- recent threads have highlighted that enforcing contracts beyond UK borders is not trivial and so if something goes wrong it is quite a risk. Credit card might help protect you, but I bet they would try and wriggle off the hook if they thought you were knowingly trying to illegally import goods.
- whilst there would definitely be a resale market for a non-compliant 2 stroke, wise buyers may be suspicious (questioning age claims, or assuming commercial use etc) and so the resale may not be as big as it could be...