if police want to take your bike...

[mysterious_rider]

Recently my friend had his bike taken off of him. zx6r i think. Gp can. etc.

They pulled him for his loud pipe, and took his bike for examination and he didnt have restrictors fitted. Boom. Bye bye licence.

what happened first though was they asked to rev it. And because it 'revved too easily' they took the bike!?

Do police have the right to just take the bike? If he refused to let them rev it, can they still just take it on the spot? Or do they give you a summons?

Thanks.

[The Artist]

If they think the bike is not road worthy, they can seize it.

I know, it happened to me. My bike is now a cube or a coke can somewhere.

[WannaBeDude]

Afaik, he pays to get the bike back, via a van or person able to ride it in it's current state.

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Jogging on, destination living.

[Im-a-Ridah]

You can demand a deferred inspection. IIRC they can only require immediate inspection of safety critical items such as lights, tyres, brakes ect!

[Mrjoolz]

Catch me pig !..............race off !
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Previous Bikes: TZR125, KMX125, RGV250, RD350YPVS, GXSR750H, GSXR600SRAD, R1 (2000), GSXR1000 (K1), ZZR600, CBR1100XX Super Blackbird

Current Bike: Suzuki GSX1300R Hyabusa.....

[mysterious_rider]

[mysterious_rider]

[Dan_Davies]

[mysterious_rider]

[Atomic Punk]

Why would you loose your licence for no baffles?
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I may have lost my way but I'm way ahead of schedule.

[Dan_Davies]

[grant965]

I read that if they stopped be wanting to check for restrictors and wanted to take the bike, I can say no because I need it for work etc, and they give you a week to drop it off with the police. It does concern me because even though I have restrictors fitted I have no proof because I bought them off ebay and fitted them myself with a mates help.
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Ex bikes: 05 Suzuki En 125, '98 Yamaha Thundercat, '08 Honda cbr125, '05 Kawasaki z750, '03 Triumph Daytona 600, '91 Kawasaki ex250, '03 Hyosung Comet 125
Current Bike: '02 Suzuki TL1000R

[haroman666]

[Taught2BCauti...]

Section 165A Road Traffic Act 1988 gives police the power to seize vehicles which are being driven by uninsured drivers or drivers who do not have a valid driving licence.

If your licence is restricting you to 14.6 or 33bhp and you are riding an unrestricted bike, not only is your licence invalid, but you are not insured either.

The Police cannot choose to let you continue using the bike under those circumstances - they have to seize it, or they are aiding and abetting the offence!

You are liable for recovery and storage costs until someone with the correct licence and insurance collects the bike.

They have to issue you with a Section 165 Seizure Notice at the time of seizure, and the bike has to be collected within 14 days.

Different Police Forces have small variations in procedure, so for more info, google 'Section 165A'.

A noisy bike isn't proof of it being unrestricted but it does seem to attract unwanted attention, and most cops know exactly where to look for the restrictors, or can get detailed advice over the radio!

[Paulington]

Well, the legislation is as thus:

If a constable in uniform stops you they can order your vehicle to be examined to ascertain whether the requirements are complied with, which are:

Whether the construction and usage is up to requirements or the requirement that the vehicle is not in such a condition that usage on the road could cause danger or injury to any person.

I won't go into who can examine it, safe to say if a constable in uniform pulls you, the correct person will be examining it.

Under subsection (6) of Section 67 of the Road Traffic Act 1988, the driver has the right to elect that the test be deferred, carried out at a time and place that they or the constable/examiner elects. I believe the maximum is a week.

However, under the same act but subsections (7) and (8), if it appears to the constable that the vehicle has been involved in an accident then it is required that the test must be carried out as soon as possible. Also, if it appears to the constable that the vehicle is defective so that it could be reasonably suspected that it would be unsafe for the vehicle to progress then the test must be carried out as soon as possible. In both of these cases, subsection (6) does not apply in this case therefore you cannot elect that the examination be deferred.

Of course, this is only if the elect for an examination under Section 67 of the RTA 1988. If you happened to be pulled by a constable who has seen you on your motorcycle accelerating quite hard in a manner that seems to be quicker than what a restricted motorcycle should be able to do he could theoretically pull you and seize your motorcycle under subsection (2) of section 165A of the RTA 1988 as it is enough for him to have reasonable suspicion that you do not hold the licence to drive that motorcycle.

Once he has seized it he can then elect for it to be examined whilst the motorcycle is in police custody and any seizure under section 165A there is really nothing you can do about.

In short, there are a fair few ways for them to do this and I'd imagine most constables know this.

In answer to the OP's question, the police have a right to seize any vehicle under section 165A of the Road Traffic Act 1988 if they have reasonable suspicion that the driver:

Lacks insurance against third party risks.

Lacks the appropriate licence to drive the vehicle in question.

Also, the driver must fail to produce documents/evidence proving that they have the above. A constable can also seize a vehicle if the driver fails to stop when requested to do so by a constable in uniform or they fail to stop long enough for the constable to conduct such lawful enquiries as he deems reasonable.

So, yes, they do have that power as if he was driving without restrictors he was driving not in accordance with his licence and he couldn't produce any documents proving he wasn't. I guess his reasonable grounds were him watching before he pulled over and the fact the bike revved cleanly, all restricted vehicles I've had tend to struggle revving high in the rev range due to inlet restrictors/timing retard. But that's enough for him to legally seize the vehicle and request it be examined.

This is my understanding of the law, may be a bit wrong, if it is feel free to correct!

Cheers!
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[.....]

[sebastianw]

[iooi]

There is NO LEGAL document to prove a bike is restricted....

FI may tell you that their paperwork is, but its not.....

Dyno print out.... Means nothing.

If they believe your bike is outside your licence, then they can sieze it... Same as if you are riding a above 125 when you are only a learner.
This is just the same as they pull over HGV's on a regular basis to check their paperwork and weight.

Even if you are riding a unrestricted bike on a restricted license. You still have 3rd party cover. A ins co cannot revoke that part of your policy in these cases.
So should you damage anything/body they will still get their payout. Just the ins co will be chasing you to pay the money back....
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Just because my bike was A DIVVY, does not mean i am......

[weasley]

Before they pulled you though how would they determine that you had a restricted licence? Does the restriction come back from a PNC check? They can't assume everyone on a bike has a restricted licence unless they can prove otherwise.
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Yamaha XJ600 | Yamaha YZF600R Thundercat | KTM 990 SMT | BMW F900XR TE

[WannaBeDude]

So were saying here that driving other than in accordance with your license means they can seize it. I thought that was not the case.
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Jogging on, destination living.

[Paulington]

[Mikey3]

[Kickstart]

[Taught2BCauti...]

[Paulington]