So i got pulled over last night...

[Groove]

This isnt stricktly motorbike related but is vehicle and licence and im after some advice

Basically we (me and my partner) collected a transit van from my aunties partner to tow our Freelander from a garage to home as it has a head gasket problem.

On the way from my aunts there is a series of roundabouts (A131 from Chelmsford to Braintree if anyone knows this area) and hiding down on of the exits of a roundabout was a traffic car. I looked over at it and they looked back and thought nothing of it.

Two roundabouts later i notice the traffic car with lights on overtaking cars behind me, im doing the speed limit and they turn off there lights overtaking the last car behind me (some distance back still). They catch me up and pull me over.

They went thought the whole whos van is this, where are you going, checking my history etc trying to get me for anything i could as i assume they thought they could as it looks like a bit of a pikey van! They ask of the registration of the car im insured on (as a named driver) and check that also, which happens to have no tax.

They politly informed me that if we were to go and tow it home that they would follow and impound the Freelander for having no tax. Thats nice of them for a start!

Then they move on to my insurance issue, as im only a named driver on our car (the freelander) they insissted that i would not be insured to drive the van. So a ticket for 6 points and a £200 fine!

I honestly belived that i had read in the insurance documents that both of us were able to drive other vehicles (and have been driving my dads Jag completly un-aware for the past month!) bur ignorance is no excuse aparently and even though my partner was able to drive the van legaly a slap on the wrist wasnt permitted

Then came the checks on the van, they claimed the MOT had ran out in Januray, it actually ran out 6 days ago and again no one was aware (according to my uncle who belived it had longer to run) I can only assume there is no gracing period after an MOT? So another £60 fine, but my partner was alowed to drive it away which i was suprised about!

So we took the van back to my aunties and we drove back home and read through insurance documents and i was not covered. Also found out we have breakdown cover and in the end just used that to get the car home!

What i want advice is on what to do about my punishment.

Do i

A) Accept that i was in the wrong and drove without insurance and take the 6 points (taking me to 9) and the fine (which would give my 9 endorsments on my licence!!

Or B) Go to magistrates about it, tell them how i belived i was within the law and would not have done it otherwise, tell them about work giving everyone a 10% pay cut and that with my partner who acording to the govenment doesnt have a job (works for horses cash in hand, and no doesnt claim benefits) we cant afford to pay etc and just generally say sorry.

My only problem is that with option B i have a bad history with my licence. Been convicted with no licence and insurance before (caught riding without being restricted on the bike in 07) and i had 3 poitns for speeding in January. So they may come down on me even harder than just what ive been given?

Any help and advice much appriciated!

Thanks, Adam

PS: Sold my R1 today to pay for next months wedding
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[stinkwheel]

Check the van policy.

The one on my transit insures anyone over 25 to drive it "providing they are on the business of the owner".

I think that's pretty standard on commercial vehicle policies.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[calyx]

That sucks mate. I would just accept it and pay the fine.
I have no idea about the law but if I was the magistrate or court clerk (whatever it is called) I would definitely cancel your licence.
No insurance, no mot, worse history I have ever heard... I wouldnt push my luck.
Dont forget to check your aunt's insurance policy. It might cover you as well.

On the bright side, you are getting married!
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Boris - London

[Flip]

[calyx]

[cyberglass]

[MattEMulsion]

I would say that there is little point in going to court as your plea of mitigating circumstances means very little. Insurance is a very black and white offence an 'absolute' offence, you either have cover or you don't, in this case you didn't. The best thing you can do in my opinion is take it on the chin and accept the £200 fine and the 6 points.

Its not even as if the circumstances surrounding the van are all above board, you were also driving the van with no MOT and even admitted to the coppers that you were about to take a freelander on the road that wasn't taxed either. Its a multitude of sins.

Your driving/licence history is not going to help you either, if you have been convicted of a similar offence before, I reckon by going to court you are not going to get a lighter punishment but they may come down even heavier on you. I think that 6 points for no insurance is the minimum, so if they wanted to they could impose more.
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Yamaha YZF-R6

[G]

[jack_zxr400]

Fucking traffic cop cunts
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Previous Bike: ZXR 400
Current Bike: R6
Test Date: 8/8/2008-PASSED

[garyd]

Fucking arseholes driving uninsured/taxed on roads
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CRF230 all you need

[MattEMulsion]

[Jrod]

[G]

[MattEMulsion]

Yes there is a legal exemption to allow you to take it to or from an MOT station, as you cannot buy a tax disc without a valid MOT.
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Yamaha YZF-R6

[jack_zxr400]

to be honest the traffic cop could have been even a little reasonable but wasnt
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Previous Bike: ZXR 400
Current Bike: R6
Test Date: 8/8/2008-PASSED

[Finglonga]

[Kwaks]

[map]

[Silver]

[MattEMulsion]

Oh and if it was to ever come up in conversation with someone in authority then I would keep quiet about the "works for horses cash in hand" bit.
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Yamaha YZF-R6

[ajb]

Completely sympathise with you, BUT...

You failed to make sure you had the proper measures in place (tax, mot, insurance) before you made your journey, regardless of how "sure you were" you evidently hadn't looked into it enough, so I'm afraid that's what the fine are points represent.

Unlucky, take it as a lesson learnt.
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CBR125R '05 > CB500 '00 > CBR600F '99

[Groove]

there was no tax on the freelander as it was parked off road not working for the last month. the van as far as i was aware was moted but my uncle will be getting that fine. i got done for no insurance before because i was over the 33bhp limit. i pay insurance on all my vehicles i don't go out on purpose and not bother being insured. i thought i was insured on the van but i feel the fact they let my partner drive the van away they could have been nice and just inform me and i would have been happy to switch seats. the fact they seemed pull me over for no reason and then kept digging to find something just makes me hate this country more and more. if i was coloured or didn't speak english would have been a different story i bet
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|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[Feasty]

[Mr Hammers]

[flimbar]

In the coppers' experience, when they see something dodgy like a Freelander being towed by a "pikey looking van", probably 9 times out of 10 it turns out that something is amiss like no tax/insurance, string of motoring convictions. On this occasion they were right on all counts.
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Yamaha YBR125 > Suzuki SV650S > Suzuki DL650 V-Strom > Honda CBR600F > Honda ST1300 Pan European