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| daemonoid |
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daemonoid
World Chat Champion
Joined: 27 Jun 2008
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 Posted: 17:26 - 24 Nov 2008  Post subject: deferred inspection |
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I've heard about 'deferred inspections' if you're pulled and the cops wish to inspect your bike. Unfortunately i can't find any info about them other than in relation to immigration. Anyone know anything about them? preferably official info rather than "a mate of mine's cousin once..."
____________________
current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com |
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| sickpup |
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sickpup
Old Timer
Joined: 21 Apr 2004
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Posted: 20:28 - 24 Nov 2008  Post subject: |
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Clicky.
Section 67. RTA 1988
| Quote: |
SCHEDULE 2 Deferred Tests of Condition of Vehicles
1 Where the driver is the owner of the vehicle, he may at the time of electing that the test shall be deferred—
(a) specify a period of seven days within which the deferred test is to take place, being a period falling within the next thirty days, disregarding any day on which the vehicle is outside Great Britain, and
(b) require that the deferred test shall take place on premises then specified by him where the test can conveniently be carried out or that it shall take place in such area in England and Wales, being a county district or Greater London, or such area in Scotland, being an islands area or district, as he may specify at that time.
2 When the driver is not the owner of the vehicle he shall inform the examiner of the name and address of the owner of the vehicle and the owner shall be afforded an opportunity of specifying such a period, and such premises or area.
3 (1) Where under the preceding provisions of this Schedule a period has been specified within which the deferred test is to be carried out, the time for carrying it out shall be such time within that period as may be notified, being a time not earlier than two days after the giving of the notification.
(2) Where no such period has been specified, the time for the carrying out of the deferred test shall be such time as may be notified, being a time not earlier than seven days after the giving of the notification.
(3) Where premises have been specified under the preceding provisions of this Schedule for the carrying out of the deferred test, and the test can conveniently be carried out on those premises, it must be carried out there.
(4) Where sub-paragraph (3) above does not apply, the place for carrying out the deferred test shall be such place as may be notified with the notification of the time for the carrying out of the test, and where an area has been so specified the place shall be a place in that area.
(5) Notwithstanding the preceding provisions of this paragraph, the time and place for the carrying out of the deferred test may be varied by agreement between an authorised examiner and the owner of the vehicle.
(6) In this paragraph—
*
“notified” means notified in writing to the owner of the vehicle on behalf of the Secretary of State, and
*
“notification” shall be construed accordingly,
and any notification under this paragraph may be given by post.
4 The owner of the vehicle must produce it, or secure its production, at the time and place fixed for the carrying out of the deferred test.
5 (1) References in this Schedule to the owner of a vehicle are references to the owner of the vehicle at the time at which the election is made under section 67(6) of this Act that the test should be deferred.
(2) For the purposes of this Schedule—
(a) subject to sub-paragraph (b) below, if at the time at which that election is made the vehicle is in the possession of a person under a hire-purchase agreement or hiring agreement, that person shall be deemed to be the owner of the vehicle to the exclusion of any other person,
(b) if at that time the vehicle is being used under an international circulation permit, the person to whom the permit was issued shall be deemed to be the owner of the vehicle to the exclusion of any other person.
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| yandy_yay |
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yandy_yay
Brolly Dolly
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| Itchy |
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Itchy
Super Spammer
Joined: 07 Apr 2005
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| Posted: 21:41 - 24 Nov 2008 Post subject: |
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Hmm me thinks that to get this airtight you should have a letter worded to the effects of this with some blanks to put in an VOSA approved MOT centre and time/date number plate...
____________________
Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
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| map |
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map
Mr Calendar
Joined: 14 Jun 2004
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Posted: 21:42 - 24 Nov 2008  Post subject: |
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Taken from previous thread on this subject - read it by clicking here
| Quote: | Copied from Blackstone's Road Traffic Police manual 2005.
Section 67 of the road traffic act 1988 allows 'authorised examiners'to carry out roadside tests on motor vehicles, in relation to brakes. steering, tyres, lights and noise and fume emission.Authorised examiners include police constables so authorised by their chief officer of police. Other examiners may be appointed (e.g. by the Secretary of State or a police authority) but they must produce their authority to act as such if required to do so (s.67(6)). Obstructing such an examiner is a summary offence under s.67(9)
Section 67(6) allows for drivers to ask for the examination to be deferred (in accordance with the time limits set out at sch. 2 to the 1988 Act.) However s.67 goes on to state:
Where it appears to a Constable that, by reason of an accident having occurred owing to the presence of the vehicle on the road, it is requisite that the test be carried out forthwith, he may require ot to be so carried out, and if he is not to carry it out himself, may require that the vehicle shall not be carried away until the test has been carried out.
Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith. |
In laymans terms means: | Quote: | If you are stopped and PC Plod has nothing better to do than start checking your bike or car over, you say "Oi dirty copper, what you doing" and he will reply either, "Checking your car for road worthyness sir" or "Shut your face mate, or I'll make something up and nick ya"
If it's the former, and for whatever reason you have something to hide like 2 bald tyres, you may say " No your not, I would like a deferred test" He would then look at you bemused and say "What?" and you then point out to him your knowledge of the law.
At this point, he will then ask you to arrange a 7 day period within the following 28 days for the test to be carried out within one of those 7 days at a place of your choosing. This will be no doubt just after you have fitted 2 new tyres.
That is a deferred test. |
Original poster serving motorcycle cop.
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...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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stinkwheel
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| The Disapproving Brit |
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The Disapproving Brit
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| yandy_yay |
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yandy_yay
Brolly Dolly
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Posted: 07:51 - 25 Nov 2008  Post subject: |
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so its a load of rubbish really 
____________________
past bikes: (20 years ago) cg-125 (wriiten off), C-50 (thrashed n' finnaly scrapped), CZ-125 (nicked - never recovered, insurance payout was more than i paid for it !!!)
Current bikes: GN 125(now sold), Divvy 600s. |
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Luke_Retrofly
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| Kickstart |
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Kickstart
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| Luke_Retrofly |
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Luke_Retrofly
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| Posted: 14:43 - 25 Nov 2008 Post subject: |
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Yeah I didn't think there was, I guess it was because it wasn't /that/ bad but beyond the, limit anyway.
The whole thing was lucky actually as they pulled me over speeding but the laser gun hadn't worked (Was overtaking a car in a 30, the car was doing 30), so they pulled me over anyway to check out the bike.
Another reason for it being lucky was that speedo was disconnected, not to falsify milage but because I had been doing the flyer runs at Elvington and was told that the speedo maybe limiting the top speed (VFR NC30). I just made sure I was stood in front of it when they were talking to me, didnt help that it was fixed to the front faring with white gaffa tape  |
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| damz |
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damz
World Chat Champion
Joined: 15 Jul 2007
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| Posted: 02:29 - 03 Dec 2008 Post subject: |
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could this deferred inspection be used if they suspect your bike isnt 33bhp or less?
from what i can understand they will only do the check if they feel it is blatantly dangerous i.e bald tyres etc
but with the restriction it isn't inherently dangerous and requires time and planning to get it inspected etc.
so lets say im going along minding my own business, maybe going a bit over the limit, filter through traffic or any other reason. ask to see my details, notice im on a restriction and ask if the bike is restricted, i say yes but they want to check if it is.
would i now say i would like to request a deferred inspection in like 2 weeks at such and such garage at this time.
could they still take away the bike to check it themselves or would they have to do the deferred inspection as the bike is in fact safe, insured, taxed etc.
would i need to know any other details other than saying i want a deferred inspection? i kinda suck at remembering things and probably forget the section/paragraph/act etc.
of course this would be if i ever rode with a bike more than 33bhp 
____________________
Current Bikes RVF400 - 94
Cars: RX7 FD, Eunos Roadster
Former Bikes: FZR 250R 89, ZX7R 98 |
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| AppleJoe |
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AppleJoe
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Joined: 02 Dec 2007
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| Posted: 18:31 - 03 Dec 2008 Post subject: |
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| Damz wrote: | could this deferred inspection be used if they suspect your bike isnt 33bhp or less?
from what i can understand they will only do the check if they feel it is blatantly dangerous i.e bald tyres etc
but with the restriction it isn't inherently dangerous and requires time and planning to get it inspected etc.
so lets say im going along minding my own business, maybe going a bit over the limit, filter through traffic or any other reason. ask to see my details, notice im on a restriction and ask if the bike is restricted, i say yes but they want to check if it is.
would i now say i would like to request a deferred inspection in like 2 weeks at such and such garage at this time.
could they still take away the bike to check it themselves or would they have to do the deferred inspection as the bike is in fact safe, insured, taxed etc.
would i need to know any other details other than saying i want a deferred inspection? i kinda suck at remembering things and probably forget the section/paragraph/act etc.
of course this would be if i ever rode with a bike more than 33bhp |
Wouldn't mind knowing this myself... for hypothetical reasons of course.
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Full licence from 16/4/08
Previously: '56 YBR125 - Current: K1 SV650S |
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| Im-a-Ridah |
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Im-a-Ridah
World Chat Champion
Joined: 20 Oct 2006
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| Posted: 15:27 - 04 Dec 2008 Post subject: |
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| Damz wrote: | could this deferred inspection be used if they suspect your bike isnt 33bhp or less?
from what i can understand they will only do the check if they feel it is blatantly dangerous i.e bald tyres etc
but with the restriction it isn't inherently dangerous and requires time and planning to get it inspected etc.
so lets say im going along minding my own business, maybe going a bit over the limit, filter through traffic or any other reason. ask to see my details, notice im on a restriction and ask if the bike is restricted, i say yes but they want to check if it is.
would i now say i would like to request a deferred inspection in like 2 weeks at such and such garage at this time.
could they still take away the bike to check it themselves or would they have to do the deferred inspection as the bike is in fact safe, insured, taxed etc.
would i need to know any other details other than saying i want a deferred inspection? i kinda suck at remembering things and probably forget the section/paragraph/act etc.
of course this would be if i ever rode with a bike more than 33bhp |
People have argued on here that you could use that, but the Police might be able to take it to prevent the destruction of evidence... plus you'd have to be really careful using the deferral as they will know 110% that you're trying to hide something. TBH you're much better trying to keep it from ever getting to the point where they mention your restriction, though this would make a good backup if it is indeed usable in this situation. |
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| smegbrains |
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smegbrains
Scooby Slapper
Joined: 03 Aug 2008
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Old Thread Alert!
The last post was made 17 years, 278 days ago. Instead of replying here, would creating a new thread be more useful? |
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