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| TheHaza10 |
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TheHaza10
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| Jamie S |
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Jamie S
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| ian789 |
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ian789
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 Posted: 23:46 - 29 Jan 2011  Post subject: |
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I think he means he was caught speeding  |
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| TheHaza10 |
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TheHaza10
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ajbsmirnoff
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| clancy |
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clancy
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| TheHaza10 |
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TheHaza10
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| Jamie S |
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Jamie S
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| Posted: 23:50 - 29 Jan 2011 Post subject: |
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Would love to know how they justify this, as the speed somthing can do on a dyno , is not a realistic representation of it's top speed on the road.  |
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| ian789 |
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ian789
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ian789
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| TheHaza10 |
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TheHaza10
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| Posted: 23:55 - 29 Jan 2011 Post subject: |
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yep thats it, i'm from england btw, if that makes anymore sense of things?
Last edited by TheHaza10 on 23:57 - 29 Jan 2011; edited 1 time in total |
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clancy
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| TheHaza10 |
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TheHaza10
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| clancy |
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clancy
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| TheHaza10 |
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TheHaza10
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| pinkyfloyd |
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pinkyfloyd
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Posted: 01:56 - 30 Jan 2011  Post subject: |
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Thats a load of bollocks. Of course any moped is going to go faster on one of those things than it would on the road, unless plod has a great big fan standing by to take wind resistance into account.
Looks to me like another way for the government to take our hard earned pennies.
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Teflon-Mike:I think I agree with just about all Pinky has said. |
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| Rogerborg |
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Rogerborg
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| Posted: 11:00 - 30 Jan 2011 Post subject: |
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Fight it. You are being accused of an offence which carries a big insurance cost. Treat it seriously.
The salient wording from the relevant legislation is "design speed not exceeding 50kph". It doesn't say "road speed".
Even then, dyno speed is not the same as road speed.
What sort of dyno did they use? Is it an approved type? When was it last calibrated, and how? Is the tester trained in its use?
Were you shown evidence that the tester is an "approved" C&U tester - not just any old copper?
Were you told that you have the option to defer the test?
Any decent specialist solicitor - or even a bad one - will shred them once you start demanding the relevant evidence to prepare your defence. They're betting on you just taking the fine and not contesting it. Make them work for their conviction.
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| GREENI3 |
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GREENI3
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| Posted: 11:22 - 30 Jan 2011 Post subject: |
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Have you had it de-restricted? If so, it's your own fault.
Mine isn't, but I can do 35 on flat.  Although police down this way haven't got the time or money to be using those dynostars on peds.
But I do find it quite unfair that people riding 50cc bikes that can do well over 30 wouldn't get the same attention from plod, since they're more than likely going to presume it's a 125. |
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| chiortas |
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chiortas
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| pits |
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pits
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| Rogerborg |
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Rogerborg
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| Posted: 12:51 - 30 Jan 2011 Post subject: |
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| chiortas wrote: | more importantly your CURRENT moped insurance could be void because you have no license to drive anything with the design speed exceeding 50kph. so by all means fight them till death. |
EFA.
I'm failing to find any case law that supports Plod's view.
The onus is on them to prove their case, i.e. that the vehicle is not a "moped" as defined in the C&U regs.
The can't simply ignore "design" speed - the DfT don't ignore it, they quote it repeatedly, including in the SVA test regs, that don't even require a test of the actual speed.
I think they're pissing upwind using a dyno speed estimate to do that; if you're minded to fight it, go after the dyno manufacturers and require them to produce evidence of their calibration procedure - or more likely the lack of evidence.
Incidentally, if the vehicle is eventually found not to be a "moped", then go after whomever sold it to you as one, or imported it as such, for full compensation.
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| chiortas |
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chiortas
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| Posted: 12:51 - 30 Jan 2011 Post subject: |
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| pits wrote: | Fight it, I am sorry but how in the hell is that a legal representation of true speed, no rider weight and no wind resistance of course the bike will exceed 30mph, wind resistance is a big factor in the test, anyone can run a bike up to 30mph on a stand like that. |
you see, that's the thing it must be LIMITED, that excludes wind and weight factors. so basically when speedo indicates 31mph, it just should not send more power to the back wheel. ped's have to be limited mechanicaly not by wind  . as much as i would like them to stop bothering people with such stupid enforcements, i honestly doubt fighting it will work but worth a shot. none the less if you don't try you don't win.
| Rogerborg wrote: |
I'm failing to find any case law that supports Plod's view.
The onus is on them to prove their case, i.e. that the vehicle is not a "moped" as defined in the C&U regs.
The can't simply ignore "design" speed - the DfT don't ignore it, they quote it repeatedly, including in the SVA test regs, that don't even require a test of the actual speed.
I think they're pissing upwind using a dyno speed estimate to do that; if you're minded to fight it, go after the dyno manufacturers and require them to produce evidence of their calibration procedure - or more likely the lack of evidence.
Incidentally, if the vehicle is eventually found not to be a "moped", then go after whomever sold it to you as one, or imported it as such, for full compensation. |
the flaw of this theory is that if limiter is taken off it doesn't comply with ALL regulations. it may be a moped, but if you take limiter off of it, it will exceed 50kmph, on which case you fail to comply with one of the regulations enforced and required by law. for them to prove their results is easy, they have a dyno printout, and if it exceeds 31mph, it has been illegaly modified. and taking on the dyno manufacturer is kind of a grand plan which will take ages to complete. obviously all the paperwork for the dyno will be present (i think with all the calibration settings as well). that is just my opinion though, no need to take it for granted.
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Last edited by chiortas on 13:11 - 30 Jan 2011; edited 1 time in total |
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| TheHaza10 |
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TheHaza10
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| chiortas |
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chiortas
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| Posted: 13:27 - 30 Jan 2011 Post subject: |
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| TheHaza10 wrote: | yes, it is de-restricted, it came like it, but i just find the whole thing pathetic. It counts as riding a 'motorcycle' because it goes above the 31 mph which a moped is supposed to do. Its so fustrating, considering insurance prices for someone my ages are disgusting anyway, and my points will increase it, making it impossble. I'm not going to fight it though, because the chances are i'll go to court, and loose, and possibly gain even more points/fines. |
obviously there is a chance you will loose, but higher fine is not very likely, the thing is you may actually win, since it is quite a new thing for them to start checking the speed your bike is capable of, so it should have quite a few faults not yet discovered. as the roger said, your best bet would be to go for an imperfection in the way it is formulated - design speed not exceeding 50 kmph, so you may stand a chance of win. cause your ped was designed to do 50kmph. and because most likely you're not the first owner (correct me if i'm wrong) you can claim that you were NOT informed of any changes by previous owner.
and trust me - i feel for you because of insurance prices. that's what pushed me into biking. my car's insurance renewal came back for 1750. i think you may transfer your no claims bonus from scooter to car as well, so try that. it will be worthwile for you. if you intend to keep both, better have 1 years no claims for a car. and none for a scooter (they're still cheaper to insure).
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Old Thread Alert!
The last post was made 15 years, 237 days ago. Instead of replying here, would creating a new thread be more useful? |
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