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Stopped by the police today

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numark1
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PostPosted: 14:54 - 27 Nov 2007    Post subject: Stopped by the police today Reply with quote

It was for my plate being too small. Anyway went through all the usual checking details etc. Apparently i am not on the police database and as such had no insurnace or licence.

I couldn't for the life of me remember my insurance company and the police man almost phoned for a recovery truck to impound my bike on the basis i had no insurance or even a licence.

Fortunately my mum was able to rush home and find my documents but i am still waiting to hear from the policeman to see if the check out. I know they should because i pay £85 a month for the fucking thing.

Anyway i think a letter is in order to the insurance company. Because they did not update my details to the police national database (which they legally have to do) i nearly had my bike impounded at a cost of £110 recovery and £110 a day storage.

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G
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PostPosted: 14:57 - 27 Nov 2007    Post subject: Re: Stopped by the police today Reply with quote

I think a letter is in order to the chief of police, not the insurance company.

It seems the "7 day wonder" is no longer in effect and instead you can have your vehicle taken from you if you do not have your documents on you.

Are the police even allowed to do this if you do have insurance?
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Fastgut
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PostPosted: 14:59 - 27 Nov 2007    Post subject: Re: Stopped by the police today Reply with quote

G wrote:
I think a letter is in order to the chief of police, not the insurance company.

It seems the "7 day wonder" is no longer in effect and instead you can have your vehicle taken from you if you do not have your documents on you.

Are the police even allowed to do this if you do have insurance?


I am sure one of the resident coppers will confirm the details but afaik if it looks like you have no insurance it can be grabbed on the spot and then crushed some time later. Shocked
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G
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PostPosted: 15:06 - 27 Nov 2007    Post subject: Re: Stopped by the police today Reply with quote

I was more thinking of the law, rather than what a police-person 'knows' Smile.
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Fawbish
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PostPosted: 15:09 - 27 Nov 2007    Post subject: Reply with quote

Quote:
police-person



Nice bit of non-sexism there G Smile sly dog


I think they have to prove on the spot you dont have insurance if they wanna take it on the spot. Which in some cases could be impossible, unless you have someone that could help (such as markcatate's mam) But I was under the impression you had a period of time to produce your liscence/documents etc after being stopped for something?
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Fastgut
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PostPosted: 15:11 - 27 Nov 2007    Post subject: Reply with quote

Fawbish wrote:
Quote:
police-person



Nice bit of non-sexism there G Smile sly dog


I think they have to prove on the spot you dont have insurance if they wanna take it on the spot. Which in some cases could be impossible, unless you have someone that could help (such as markcatate's mam) But I was under the impression you had a period of time to produce your liscence/documents etc after being stopped for something?


If they can't be arsed to check on the phone roadside you do. Or indeed if they are just being difficult and want to see your mot details.
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danclarkie
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PostPosted: 15:46 - 27 Nov 2007    Post subject: Reply with quote

The insurers have a legal obligation to put the policy on the insurers database which the police check, there is a set time limit i cant recall if its 48 hours or 7 days. Anyway the insurers have to put your policy on there or they face a fine ect.
Ergo, if you've had the vehicle longer than a week or 48 hours (whichever it is) and your not showing on the insured database. The VAAAAST majority of time this means exactly that.
Personally we have been told were i work to knock the 7 day wonder trick on the head as it can be checked at roadside, thus saving the need to inconvenience public and station enquiry officers filling them out.

From personal experience again when stopped a vehicle thats not showing on the insurers database but the driver claims to be insured, I have been told it comes down to a judgement call on the officer.

There are times when it fails as above but a lot of faith is put in the system now. If they were really suspicious im sure the bobbies would have rang your insurer from the number on your certificate to make sure it was legit.
In this however some companies are often unwilling to disclose to cops details about a persons insurance Rolling Eyes

There are people who take out a policy for a year then cancel it a few days later once thay have received their certificate. therefore they have a certificate to produce if ever requested but have cancelled thier policy within the 2 week period and got all their money back. This is one of the advantages of the database over the old producer.

Oh and they must have been traffic bods, very few street cops ive met either know the legislation is in place, or can be arsed to do it.

*Quick edit. Re OP, its £12 a day not £110 a day Very Happy
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stinkwheel
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PostPosted: 16:06 - 27 Nov 2007    Post subject: Reply with quote

danclarkie wrote:

In this however some companies are often unwilling to disclose to cops details about a persons insurance Rolling Eyes


Never mind the rolleyes emoticon. It's called the data protection act. They hold information about you on a computer. It is illegal for them to divulge that information to a third party without your permission.
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Hetzer
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PostPosted: 16:18 - 27 Nov 2007    Post subject: Reply with quote

So let me get this right...the police stop you, you have insurance but it's not on their database, so they impound your bike and expect you to pay the storage bill, even though you do have insurance and have commited no offence whatsoever?

That would be a night of pig-car windscreens being put through at 4am outside the station.

And if everyone did that, like the French do, we'd have a lot less abuse of the law from these arrogant scum.
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powelly
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PostPosted: 16:26 - 27 Nov 2007    Post subject: Reply with quote

danclarkie wrote:
The insurers have a legal obligation to put the policy on the insurers database which the police check, there is a set time limit i cant recall if its 48 hours or 7 days.


In the event that the insurers fail to meet their legal requirement what penalty do they face? are they fined each time an insured driver is pulled over? what happens to those actually responsible?
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Feasty
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PostPosted: 16:32 - 27 Nov 2007    Post subject: Reply with quote

As well as all this, I thought it was advised generally not to keep your driving licence, MOT certificate, insurance certificate etc with the bike... Therefore we'd have to carry all that on us EVERY time we go out on the bike!? Brick Wall
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stinkwheel
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PostPosted: 16:35 - 27 Nov 2007    Post subject: Reply with quote

Hetzer wrote:
So let me get this right...the police stop you, you have insurance but it's not on their database, so they impound your bike and expect you to pay the storage bill, even though you do have insurance and have commited no offence whatsoever?


Correct. They can even stop you because your details don't appear on their database.

See my ANPR thread.
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Hetzer
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PostPosted: 17:12 - 27 Nov 2007    Post subject: Reply with quote

stinkwheel wrote:
Hetzer wrote:
So let me get this right...the police stop you, you have insurance but it's not on their database, so they impound your bike and expect you to pay the storage bill, even though you do have insurance and have commited no offence whatsoever?


Correct. They can even stop you because your details don't appear on their database.

See my ANPR thread.


Funny how we keep coming back to the question of this nazi state. Shall we just refer to it from now on as 'The Reich'?

So, here in The Reich, you can have money extorted from you for commiting absolutely no offence whatsoever. And that's all proper legal and kosher like.

Wake up people.
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Fawbish
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PostPosted: 17:17 - 27 Nov 2007    Post subject: Reply with quote

Quote:
you can have money extorted from you for commiting absolutely no offence whatsoever. And that's all proper legal and kosher like.




Yep, unfortunately, they call it Tax Sad


I wont get angry about it till it happens to me. I'll save my rant til then.
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Pete.
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PostPosted: 17:47 - 27 Nov 2007    Post subject: Reply with quote

No amount of complaining is going to get you out paying the impound fee because by law you should have your insurance documents with you.

If you don't carry your license and insurance with you when you ride you are actually committing an offence - the seven-day-wonder is actually a concession given because of the impracticality of always carrying your documents and they don't have to honour it.

That's the way I understand it anyway.
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powelly
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PostPosted: 17:55 - 27 Nov 2007    Post subject: Reply with quote

Geri wrote:
No amount of complaining is going to get you out paying the impound fee because by law you should have your insurance documents with you.

If you don't carry your license and insurance with you when you ride you are actually committing an offence - the seven-day-wonder is actually a concession given because of the impracticality of always carrying your documents and they don't have to honour it.

That's the way I understand it anyway.


So say you have your insurance docs with your but your dont show up on the database, do you think that bit of paper would be enough to let you go on your way?

as people have said you can take out a policy and then cancel it once you have the certificate so the argument that you should have your cert with you does not add up.
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Pete.
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PostPosted: 18:03 - 27 Nov 2007    Post subject: Reply with quote

If you had your documents with you the cops could call the insurer listed on the documents I guess. In working-hours anyway...
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Itchy
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PostPosted: 18:08 - 27 Nov 2007    Post subject: Reply with quote

nah this just means when you take out a policy check it on the DVLA database before you go out and not carry docs, I don't carry them, I keep them at home.

I wonder if we can twist the law and thus turn it into a theft case in that they thought they had a right to take it , they didn't and thus turned into theft.

Alas not looking good though , MPs today were caught money laundering (yes the political donations undisclosed come under money laundering act 1p is enough to get you stuck in prison for 18 months) , and are using ignorance of the law WHICH THEY VOTED IN , to evade the law, they should be put in prison.
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Wafer_Thin_Ham
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PostPosted: 18:09 - 27 Nov 2007    Post subject: Reply with quote

Why not just photocopy all your docs? Then just chuck them under the seat.

Job done. Does seem rather scummy to me though.
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stinkwheel
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PostPosted: 18:19 - 27 Nov 2007    Post subject: Reply with quote

Geri wrote:
No amount of complaining is going to get you out paying the impound fee because by law you should have your insurance documents with you.

If you don't carry your license and insurance with you when you ride you are actually committing an offence - the seven-day-wonder is actually a concession given because of the impracticality of always carrying your documents and they don't have to honour it.

That's the way I understand it anyway.


No producing the documents within a seven day period, or as soon as is reasonable practicable after being asked for them means they can't convict you of an offence.
Road Traffic Act 1988, section 165, Paragraph 4.
Quote:
A person shall not be convicted of an offence under subsection (1) above by reason only of failure to produce any certificate or other evidence to a constable if in proceedings against him for the offence he shows that—

(a) within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or

(b) it was produced there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced,

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deanoet
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PostPosted: 18:22 - 27 Nov 2007    Post subject: Reply with quote

Maybe if they punished the people properly who drove / rode without the correct documents there would be less people who did it, so there would be no need for the guilty till proven innocent approach they seem to slowly be adopting.
Great for the people it catches who dont have details, but in the cases where there are errors and you are the innocent party it just plain sucks. Isnt the polices fault, they are just following guidance, they are still on the front lines, they still get the blame, and they are still hated though

Wonder if you could claim it back off the insurers?
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powelly
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PostPosted: 18:23 - 27 Nov 2007    Post subject: Reply with quote

Geri wrote:
If you had your documents with you the cops could call the insurer listed on the documents I guess. In working-hours anyway...


but they can do that as long as you have the phone number and policy number.

As for having all your copys of your docs (or worse the originals) wouldnt that make life easier for a bike theif?
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powelly
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PostPosted: 18:25 - 27 Nov 2007    Post subject: Reply with quote

deanoet wrote:
Maybe if they punished the people properly who drove / rode without the correct documents there would be less people who did it, so there would be no need for the guilty till proven innocent approach they seem to slowly be adopting.


You mean like banning someone from driving who is driving illegally or already banned Laughing
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deanoet
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PostPosted: 18:33 - 27 Nov 2007    Post subject: Reply with quote

powelly wrote:
deanoet wrote:
Maybe if they punished the people properly who drove / rode without the correct documents there would be less people who did it, so there would be no need for the guilty till proven innocent approach they seem to slowly be adopting.


You mean like banning someone from driving who is driving illegally or already banned Laughing


The key words were "punishing" and "properly"
Banning a motorist who hasnt got a license isnt really a punishment

Being in control of something that could kill someone when not having the correct training to use that item should be a serious crime. Not a slap on the wrist, here, have 4 points if u get a license, since u arent working u can have a £60 fine and dont do it again.

Fixed fine, £2000
If u cant pay it, 1 day in prison = £10, so 200 days

or even more fun use them as target practise for the army. They are good for nothing shites who are a drain on society
Harmless until you get hit by one, or have someone u know killed by one.

No problem with people that do it, but if u get caught you should get a very heavy, very hard book thrown at you from a cannon at point blank range

Pees me off
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St0rmer66
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PostPosted: 18:33 - 27 Nov 2007    Post subject: Reply with quote

powelly wrote:
deanoet wrote:
Maybe if they punished the people properly who drove / rode without the correct documents there would be less people who did it, so there would be no need for the guilty till proven innocent approach they seem to slowly be adopting.


You mean like banning someone from driving who is driving illegally or already banned Laughing

Isn't that what we have prisons for? Oh wait, they're already full because they blew our taxes on crap and didn't build any more Rolling Eyes .
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