There is a big difference between a kit specifically installed only to produce flames out of the exhaust when turned on, and a vehicle that produces flames as a by-product of it's normal working.
Not knowing the specifics of either the legislation involved or the case in point, I can only suggest that a couple of expert testimonials on rich-running, tuned turbocharged vehicles proclivity to flame spontaneously under certain driving conditions might have some bearing on the actual sentencing if you
didn't have a flamer kit. Just remember not to mention it's anti-lag and pretend it always does that
