Need advice - pulled by the 5-0

[P.addy]

Hey, my brother got pulled over yesterday on "my bike"
Its in my name, but he is insured on it.. just havent swapped v5 yet.

He is now the owner of 3 points and a £60 for non display of an L plate.

Fair, his fault, hes a nugget...

Now the copper has given him a rectification list..
He needs to have an L plate fitted now, but also.

A legal number plate
Road legal exhaust
New headlight
Fairing

Im not sure if you have seen my CBR125, it got smashed into a roundabout and got fightered. It passed an MOT around 2 weeks ago, advisory on tyre, fork seals, chain + sprockets... this has been done.
It has a road legal exhaust.. the copper seems to think otherwise. Its got this fitted https://www.wemoto.com/bikes/Honda/CBR_125_R4_R5_RS5_JC34_JC39/04-05/picture/Venom_Complete_System
The number plate is small as I snapped the old one when it was knocked over and I lifted it up, i'll sort that.
Headlight passed MOT (standard dominator items like Dunks GPZ)
Fairing smashed off, but ive removed all the fairing bracket and made it look tidy....surely the police cannot say "you need a fairing"

Do help, im going down there later, armed with the MOT sheet, failures and bills for rectified parts, including fitting, notice of road legal exhaust and road legal lights.

[flat spot]

So which part do you want help with? Change the plate the others you have the paperwork for.

[P.addy]

[Polarbear]

Go down with MOT & relevent paperwork. You will be seeing a desk bod, not the one who pulled you so you should be ok.
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Triumph Trophy Launch Edition

[P.addy]

[Polarbear]

I would try it, theres no reason to think he'll question your exhaust if you show him the paperwork saying it's road legal.

The only problem with the MOT route is that you could have crashed & removed the fairing after the MOT. If they get arsey, ask if you getting a new mot will satisfy them.
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Triumph Trophy Launch Edition

[dextersaurus]

Show him the 'e' markings on the headlight and exhaust. Sorted

The plate is an easy fix too, but the fairing? not heard of a copper pulling someone over and mentioning a lack of fairing.

Dunc

[P.addy]

[Livefast123]

Did you get one of those vehicle defect rectification scheme things, if so you have to get the faults fixed immediately then get an MOT station to stamp the form and get it back within 14 days. If not then I don't know what power they have to make you fix anything!

Exhaust and headlight no problem if they are showing E mark and have not got 'Not for road use' stamped on them. If they passed MOT then there is nothing wrong with them. BTW to prove a noisy exhaust they would have to use a Db meter thet generally only VOSA have.

Fairing - Bollocks unless there are any sharp edges or brackets that could cause danger to pedestrians etc.

Plate - get a new one from ebay. He could have got a £60 for this as well.
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Current ride - Yamaha MT-07

[P.addy]

[Quickly]

Although the OP has not confirmed it was a notification under the Vehicle Defect Rectification Scheme, I will assume it was as I know of no other way the police could compel him to fix the 'defects' listed above.

The VDRS works as an alternative to a Fixed Penalty Notice for a defective vehicle, and an FPN in turn works as an alternative to prosecution. You are under no obligation to accept a VDRS notification at the roadside, (and you might not accept it for a variety of reasons) but if you don't then the officer will most likely give you an FPN. This is an invitation to pay a small fee to avoid prosecution and if you do not pay that fee you should be taken to court, not for non-payment of fines but for the initial offence (here driving a defective vehicle under the Construction and Use Regulations 1986).

In your case Paddy, you have accepted the VDRS notification. The best course of action now is to do as said above, go down to the cop shop and explain that your vehicle isn't defective and the reasons why. Take whatever papers you can, but hand over nothing unless you have a copy. Take a big smile too. If this fails it is not too late to dispute the VDRS. If you are certain that the bike does not fall foul of the Regulations write a short letter, (maybe have it written and with you when you go in) stating the reasons why you think your bike is not defective, including copies of all the evidence (papers?) for this and saying you will not honour the VDRS. Keep a copy of the letter for yourself.

They might hand it for prosecution, they might not. If they do hand it for prosecution it might be pursued, it might not. But the thing is we're talking about statute law so if your bike is within the parameters set down in those black and white words there can be no ambiguity, you have not broken the law.

Just finally, the Regulations are not freely available online. They were written prior to the days of computers, apparently, and no-one's bothered to scan a copy onto the OPSI website. If you want a copy though, to check the bike against, PM me and I'll do you one off of a commercial database I have access to.



Reason for edit: changed 'followed' to 'pursued'.
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[Livefast123]

Did they give you any paperwork as depending on that will depend on what you do next.

Was it a proper traffic cop or a beat bobby

But if his bike is no longer defective why bother arguing the toss with the local bobbies. All he has to do with the VDRS is take his non defective bike to the local friendly MOT station where his bike was MOT'd. They will stamp the back and he has complied with the VDRS scheme as long as he gets the slip back within 14 days.

No hassle or arguing

If you don't comply with a VDRS a summons will be issued against your brother as he was riding it at the time.
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Current ride - Yamaha MT-07

[Quickly]

[Livefast123]

But there is no mention in C & U of bikes needing fairings, If there are no sharp edges or brackets that could cause danger then there is no problem and the MOT tester should stamp the form as the bike has no defect in the fairing area whether fitted or not. If the fairings were falling off or damaged then that would be different but if having no fairings fitted is an offence then arrest me now.......I am guilty with 2 bikes.

I see your point though and a you could come across a stubborn tester.
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Current ride - Yamaha MT-07

[dextersaurus]

The problem is that it has the Fairing subframe on it.

https://a1.sphotos.ak.fbcdn.net/hphotos-ak-snc6/185718_195150683843164_100000447005731_653298_652493_n.jpg

If it's still like that, you'll need to take it off and stick a mini Speedo on it, at least.

The brackets are what he's referring to with regards to the fairing.

Get that sorted and they'll be happy

Dunc

[Rogerborg]

Agree with the above: the copper likely has no idea what he was on about and is just swinging his truncheon. Fix the plate, give them copies of documentation and pictures of your bike(*), then invite them to either sod off or prosecute you.

(*) The reason for giving them pictures of your bike in a road legal condition is that it introduces evidence in your favour. If it does come to a court case then you can ask Plod to describe in detail and under oath what was different about the bike when it was stopped, so he can't just handwave and say "Oh, it was just generally awful, your Magistrateship, simply a wreck."
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Teflon-Mike]

As I understand it, rectification note demands you present the vehicle 'corrected' for noted 'faults' to an approved MOT station...

If it had just gone through an MOT with the 'faults' plod nit picked over.... my line of thunking would have simply been to take bike straight back to MOT man, with rect note ans say, "OK.... you just tested this bike, and sais it was 'all good to go'...... 'plod don't think so'.... which of you is 'right'?"

Pretty sure MOT man would mutter and tutt over plods lack of detail knowledge of the MOT requirements,m and stamp your paperwork for him.....

Return to coppa...... Job Jobbed.....

Or am I missing something?
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[G]

As with Mike; was thinking you just need to take it into your previous MOT station and say "please confirm these are road legal".

Then I'd be taking to the PC's boss and possibly the IPCC.

[cloric_tzr]

plods chatting shit, i took my tzr to the test station last year and it failed on fairing fouling the controls and rear foot break lever, so i took the fairing off PUT insulation tape over any parts that i thought might be classed as a hazard and took it back,
guess what it passed, he's just throwing his weight around because he knows most L ridders wont contest to him not being 100% on laws ect.
probably one of those nazi type coppers that was bullied at school so took a job as a copper to terrorize the world and lay law down as he see fit, i would have asked him if i could see his m.o.t testing certificate before accepting any for of VDRS off of him, (in a situation where i know im not doing wrong)
unfortunatly because ur bro was already being done for lack of L's he was probably on his best behavour and did not want to make things worse.
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i dumped my girlfriend the other day! she wouldnt act out one of my fantasy's. all i wanted her to do was come home from work, catch me fucking her sister and join in!!! miserable bitch!
My wifes so ugly, the only thing that goes down on her
Is the internet connection.

[P.addy]

Update ... dropped everything aside from the 3 points, bearing in mind he had NO L plates... i think he got away lightly..

Found the exhaust online, showed them that, full MOT and they were happy!

He rode bike to me and ive just noticed the front brake is drained of fluid and the disk is soaked/the dipped beam doesn't work

[0l0dom0l0]

Sounds like the copper was just having a bad day. Good to hear you got it all sorted!
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CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.

Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30.

[Rogerborg]

You'll want to make a complaint about that copper, or else he'll keep pulling over young bikers just because his wife won't polish his helmet.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike