is my friend screwed

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

earlier tonight i asked a friend to move a scooter down a private lane and stick it in a shed, this was on a private lane so knew it wasnt a problem, however he did a u turn at the bottem of the lane and went back out of the lane then did another u turn for fun. however at that exact second (was around 12am) a police car had just turned onto the road. now this guy has only a provisional and not insured on it but as it was a private lane it shouldnt be an issue, however he went onto the public highway for like 2 metres to do a u turn. the police put im in the back of the car and took his and my details, i didnt get anything as i had no knowledge of him actually going onto the road. anyway they told my friend he will be getting 6 points for not wearing a helmet and not being insured.

however he got no paperwork at all or given exact details of fines that he'l be getting as they left when they got another call. my friend isnt too fussed about the points (he has no intention of doing a test anytime soon) however when he said he received no paperwork i thought it was a bit strange.

do you think they were just trying to scare him? is it 14 days or so until he knows he's in the clear?

best thing was we caught it all on cctv so ripped the piss out of him for it, silly boy.
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dodgydog · World Chat Champion Joined: 10 Sep 2009 Karma :

If the scooter is registered to you they might prosecute you also, for allowing him to ride it uninsured.
If they got a more urgent call it may be they have bigger fish to fry and drop it.
Strange they didn't give him any paperwork though, you might be lucky.

Dog
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BanditsHigh · Worse than a woman Joined: 21 Mar 2005 Karma :

If the private lane/road has access to a public lane/road and that access is not blocked off during the time the vehicle is being used then you can be done with no insurance!

27cows · World Chat Champion Joined: 01 Nov 2009 Karma :

If he wasn't issued with paperwork, he should be in the clear.
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

I would expect him to have been given some paperwork, but the 14 day rule applies to a notice of intention to prosecute which they probably gave verbally at the side of the road.

All the best

Keith
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JP7 · World Chat Champion Joined: 22 Dec 2008 Karma :

Not necessarily, as there was more than one offence they might have reported him for summons. The officers would have made notes to send him to court, but they wouldn't have to give any paperwork to your friend. Did they tell him he was being reported? If he's been reported it can be up to six months before he hears anything, not 14 days unfortunately.

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

Agreed. If he was cautioned (you have the right to remain silent etc.) then told something like "We are reporting you for consideration for prosecution for the following offences: Driving outwith the terms of your licence; riding without a helmet. Do you have anything to say?". Then there is a six month window for them to prosecute.

If they didn't. There is a 14 day window for them to issue a Notice of Intent to Prosecute.

Not wearing a helmet is a minor issue, just carries a fixed penalty fine. Riding outwith the terms of your licence and riding without insurance are more of a problem in terms of points, future insurance and in terms of yourself.

It is not unheard of for them to come to you as the owner and give you two options 1) Be prosecuted for allowing him to ride your bike uninsured. 2) Drop your friend in the shit and say he took it wothout your consent.
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The Artist · Super Spammer Joined: 06 Jan 2008 Karma :

That is the worst luck I have ever heard of involving a bike being uninsured on a road.

Jayy · Mr. Ponzi Joined: 08 Jun 2009 Karma :

Talk about bad timing... they can do you for aiding and abetting if they can prove you gave consent to let him use it but it would be almost impossible for them to do that going off what you said.

I don't think anything will come of that, taking into account it's a private road and he did a u-turn slightly onto a public road, I don't think that would ever stand up.

yuri2085 · World Chat Champion Joined: 05 Jul 2008 Karma :

I would say if it got to court it would stand up, he def doesn't have lawful excuse to be riding that vehicle without insurance on a public highway.

The stopper would be whether it is 'in the public interest' to prosecute. But these days every driving offence is thought to kill at least 90 kittens, so I wouldn't be too hopeful they will drop it.

Someone more expert than me would have to tell you whether it was actually legal for him to be even riding on your private lane seeing as it has public access.

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

I should b in the clear as i stated that it was on a private lane at the time and gave him no permission to start it. They said i may need to be a witness for him in court but cant see how that would work as i clearly know the prosecuted. They said they had no intention with doing anything with me so have no reason to think they'd lie about it. Accordin to my friend they just left mid convo as soon as another call came in. They said he'l know if he will be getting into trouble if anything came in the post over the next 3 months which was a bit vague. Guess only time will tell
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Jayy · Mr. Ponzi Joined: 08 Jun 2009 Karma :

If you say you didn't give him permission to take it, he will be charged with TWOC as well.

27cows · World Chat Champion Joined: 01 Nov 2009 Karma :

It's a perfect example of piss take policing. I had a mate who got charged with having no insurance in similarly ridiculous circumstances. He had a trailie that needed to be ridden into the back of his van. Started it, rode it into van, and was just strapping it in when jobsworth copper appears and tickets him. Couldn't have insurance as the bike wasn't registered for road use. It went to court, he disputed the charge and the magistrates ruled in his favour.

But it was fucking ludicrous. It's all about profiteering now, as if the insane cost of petrol and parts wasn't enough. No wonder everyone hates the old bill. Shower of cnuts Mad

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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

Depends if you have any money or not or rather he has any money or not, in that police won't prosecute scrotes around here because it is a pointless exercise they have no money to fine and little to lose.

They do however fine people like BMW who had a snapped number plate on the back of his car because he has money to be confiscated by the state.
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pa_broon74 · World Chat Champion Joined: 28 Mar 2006 Karma :

Jayy · Mr. Ponzi Joined: 08 Jun 2009 Karma :

Interesting point about private roads because the road we usually use for doing wheelies on, I think it classed as a private road because there's no access to it. One end has some metal posts to stop cars going down it and the other end has a metal barrier across it, which are always there and never open unless there's a big match on (it's behind JJB stadium).

Diagram below, is this private or public?

https://i43.tinypic.com/16aweb6.jpg

Finglonga · World Chat Champion Joined: 27 Jul 2004 Karma :

It is public as there is easy access to it, private land requires the owner to give you permission to use it and no public access.
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pa_broon74 · World Chat Champion Joined: 28 Mar 2006 Karma :

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

Gazdaman · I did a trackday!!! Joined: 12 Aug 2004 Karma :

No insurance isn't an offence that you get 'NIP'd for.

Most likely he will have been just reported for the offence(s), so he will receive a summons to attend court. The only time limit is that the information needs to be laid before the court within 6 months.

Or he could be lucky and the officers were just trying to scare him. If they could show that he had no insurance and the bike was ridden on a road, the bike could have been seized there and then under s165 of the Road Traffic Act.

So if he's heard nothing in 6 months and a bit, he's in the clear.

Otherwise I'd expect roughly 6 points at court.

Gaz

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

Gazdaman · I did a trackday!!! Joined: 12 Aug 2004 Karma :

Dunno if no helmet can be ticketed, I suspect it can.

Gaz

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

guy is going to court on 3 charges, riding without insurance, riding without a license and no helmet. letter came through the door and is pleading guilty. i'l post up what he gets when more details come out.
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Gazdaman · I did a trackday!!! Joined: 12 Aug 2004 Karma :

My guess 3-6 points and a small fine.

Gaz

damz · World Chat Champion Joined: 15 Jul 2007 Karma :

well my friends court case is getting thrown out. one of our friends (he was there too) dads was transport police commisioner for quite a while and looked over the documents and found that the coppers fucked up on something which means he cant get charged now.
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Current Bikes RVF400 - 94
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Former Bikes: FZR 250R 89, ZX7R 98