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open
Trackday Trickster



Joined: 04 Apr 2011
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PostPosted: 22:11 - 29 Feb 2012    Post subject: Getting Banned Reply with quote

So a friend of mine called me today to say he just got 6 points and banned and asking to help sell his bike - he is also not too clued up on any legal licencing aspect anyway.


He is on a CBT and doing a bit of courier work for a small company but didn't have courier insurance (only personal insurance). He said he got stopped by the police and they saw all the courier gear/paperwork and checked out his insurance.

They said he's getting a £200 fine, 6 points on his licence and gonna get banned for a year. They allowed him to drive away.

Are they allowed to issue this on the spot or are they giving him a scare tactic - doesn't it have to go to court for driving bans?
They wouldn't let him drive away would they?

Because I got stopped a few years ago for undertaking a police car - the guy was a power hungry idiot and told me I was gonna get a court summons and 3 points but heard nothing after that day.
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P.addy
Formerly known as
P.



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PostPosted: 22:32 - 29 Feb 2012    Post subject: Re: Getting Banned Reply with quote

open wrote:
Because I got stopped a few years ago for undertaking a police car - the guy was a power hungry idiot and told me I was gonna get a court summons and 3 points but heard nothing after that day.


Undertaking isn't illegal.
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open
Trackday Trickster



Joined: 04 Apr 2011
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PostPosted: 22:36 - 29 Feb 2012    Post subject: Re: Getting Banned Reply with quote

##Paddy## wrote:
open wrote:
Because I got stopped a few years ago for undertaking a police car - the guy was a power hungry idiot and told me I was gonna get a court summons and 3 points but heard nothing after that day.


Undertaking isn't illegal.


Tried to say it was against the highway code and that I was driving without due care and attention' Rolling Eyes

He was just annoyed really
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P.addy
Formerly known as
P.



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PostPosted: 22:41 - 29 Feb 2012    Post subject: Re: Getting Banned Reply with quote

open wrote:
Tried to say it was against the highway code and that I was driving without due care and attention' Rolling Eyes

He was just annoyed really


Should have tea-bagged him
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pits
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PostPosted: 23:15 - 29 Feb 2012    Post subject: Reply with quote

Is he on a provisional licence (green) or a red one and just passed.

If he is on a green provisional I believe he has 12 points, as he has not passed his test so doesn't fall into the new licencing directive for 6 points and ban. Thumbs Up
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Kickstart
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PostPosted: 23:17 - 29 Feb 2012    Post subject: Reply with quote

Hi

He might get 6 points, but on CBT that does not mean a ban or loss of licence (unless he already has 6 or more points). A court might ban him for it, but there are rules on issuing points and bans.

All the best

Keith
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open
Trackday Trickster



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PostPosted: 00:51 - 01 Mar 2012    Post subject: Reply with quote

Kickstart wrote:
Hi

He might get 6 points, but on CBT that does not mean a ban or loss of licence (unless he already has 6 or more points). A court might ban him for it, but there are rules on issuing points and bans.

All the best

Keith


Cool - so what are these rules as he is convinced he is banned and has to sell his bike, etc...

Does he have to wait for a court hearing?

Thanks
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dodgydog
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PostPosted: 06:26 - 01 Mar 2012    Post subject: Reply with quote

open wrote:
Kickstart wrote:
Hi

He might get 6 points, but on CBT that does not mean a ban or loss of licence (unless he already has 6 or more points). A court might ban him for it, but there are rules on issuing points and bans.

All the best

Keith


Cool - so what are these rules as he is convinced he is banned and has to sell his bike, etc...

Does he have to wait for a court hearing?



Thanks



Only a court can ban him. The police / CPS have six months (from date off alleged offence) to lay the information before the court.

Did the coppers read him his rights? give him any paperwork, anything? Because it would be very unusual for the police to allow him to ride away (If they thought he was uninsured)

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Pete.
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PostPosted: 07:24 - 01 Mar 2012    Post subject: Reply with quote

He wasn't uninsured - he just wasn't insured to be a courier, so they could let him go on his way if he was going on a non-work journey i.e. home.

open: the cops can't ban him or even issue six points. If he hasn't been offered a conditional offer of fixed penalty (which is limited to three points as I believe) then he'll get paperwork through the post.
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Llama-Farmer
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PostPosted: 08:57 - 01 Mar 2012    Post subject: Reply with quote

I think if he did get 6 points on a provisional licence, then the points would only become "active" when the licence was converted to a full one, which would then result in the licence being revoked
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AlexW
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PostPosted: 09:18 - 01 Mar 2012    Post subject: Reply with quote

Ben-B wrote:
I think if he did get 6 points on a provisional licence, then the points would only become "active" when the licence was converted to a full one, which would then result in the licence being revoked


I laughed at this. What you're saying is the moment he passes Mod two he would loose his license, This is mad, And not how it works.
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Kickstart
The Oracle



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PostPosted: 10:22 - 01 Mar 2012    Post subject: Reply with quote

Ben-B wrote:
I think if he did get 6 points on a provisional licence, then the points would only become "active" when the licence was converted to a full one, which would then result in the licence being revoked


No, the points are active immediately. If he passes his test while they are active he still has a full licence, but any extra points at all in the first 2 years will result in him losing his licence. The 6 point new drivers act limit is trigger but getting points that leave you with 6 or more points within 2 years of getting your first full licence. He could have 10 points when he passes his test and would still be OK.

Sorry if that isn't the best description, but it is a bit of an odd law in that way.

All the best

Keith
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Rogerborg
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PostPosted: 11:23 - 01 Mar 2012    Post subject: Re: Getting Banned Reply with quote

open wrote:
So a friend of mine called me today to say he just got 6 points and banned

No he bloody well did not.

https://1.bp.blogspot.com/-XgV-4KXCAdU/TeOaLxjxAVI/AAAAAAAAM8M/cKb_9AX80_I/s1600/SotpSign.jpg

open wrote:
he is also not too clued up on any legal licencing aspect anyway.

Then he should get on to a specialist motoring solicitor and get a defence prepared.

If he doesn't then he'll be declaring an IN10 for the next 5 years - and may have his insurance cancelled when they find out - which will likely cost him a lot more than paying to fight it.


open wrote:
Are they allowed to issue this on the spot

Not unless we just woke up in Mega City 1 and he was stopped by Judge Dredd.

open wrote:
doesn't it have to go to court for driving bans?

Bans, points, all questions of guilt.

Unless he's stupid enough to have opened his gob and admitted to it, and even then I'd be minded to deny having done so. Name, address, license and insurance details if you have them to hand, then not one single word more: anything that you say can and will be used against you, whether you're guilty or innocent.

This seems to be a relatively new tactic by Plod - they probably all watched the same slaphead terrorise a nice lady delivering cakes on Oi! It's the Rozzers! and got a semi on for trying it out themselves.

That means that (AFAIK, pending arry and T.C weighing in) the case law on this is not yet firmly settled. Insurers seem to believe that they can switch their 3rd party indemnity on and off from moment to moment depending on what you are doing, but on the other hand they are usually obliged to pay out to 3rd parties even if your insured bike is nicked and crashed into some kittens by Billy Bikeblagger, so it's really up to a court to decide.

The only guarantee is that if he doesn't fight it then he will lose.

tl;dr - if he rolls over and just pays the FPN then he's admitting to a criminal offence which insurers weight heavily. He should get professional help, not ask his mates - or random intardtubes people - what to do.
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devojunior
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PostPosted: 13:41 - 01 Mar 2012    Post subject: Reply with quote

in 2007 i was given 8 points on a provisional license which did not result in a ban and i carried on to do both tests but hel find it a pita to get insured in the future.
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Paulington
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PostPosted: 14:06 - 01 Mar 2012    Post subject: Reply with quote

Pete. wrote:
open: the cops can't ban him or even issue six points. If he hasn't been offered a conditional offer of fixed penalty (which is limited to three points as I believe) then he'll get paperwork through the post.

This is partially incorrect, most constabularies now use fixed penalty notices for other things.

For example if you are stopped and have no insurance the Police can serve you with a fixed penalty notice of six points and a fine of £200. Often this is followed with them seizing your vehicle.

Cheers!
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Rogerborg
nimbA



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PostPosted: 15:31 - 01 Mar 2012    Post subject: Reply with quote

Paulington wrote:
For example if you are stopped and accused of having no insurance the Police can serve you with an offer to accept a fixed penalty notice of six points and pay a bribe of £200 as an alternative to prosecution. Often this is followed with them seizing your vehicle which they can do based on a reasonable belief that it's not insured.


FTFY. The Police have no power to impose points or to "fine" you, they never have and they never will until such time as we (truly) live in a police state.

Making an offer of a FPN at the roadside is not the same as removing your option to oblige the CPS or Fiscal to prosecute you in a court of law.

It's a massive, honking difference, it's not an issue of semantics, and I'd ask us to please be careful about gifting Plod with such powers lest he come to believe that he actually has them.
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open
Trackday Trickster



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PostPosted: 19:05 - 01 Mar 2012    Post subject: Reply with quote

so it seems he was issued a FPN for allegedly having no insurance. He didn't have his license on him so he is asked to comply and surrender his license then pay the £200 ( there by admitting the offence and gaining 6 points)

he can appeal to go court. Can he argue that he did have insurance.

So what would be the best way to do this?

If he shows his license to the cop shop does that mean he admits guilt, or.only if he pays the fine?
____________________
"Calamity - A more than commonly plain & unmistakable reminder that the affairs of this life are not of our own ordering."

[s]Baotian BT49qt-9 --> Honda CG125 (4 speed) '51 plate ----- 03/11/2012 Mod 2 PASSED! --> Cb500s[/s] Revoked Sad
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Yarri
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PostPosted: 19:25 - 01 Mar 2012    Post subject: Reply with quote

I had 9 points on provisional, stupid law which works in our favour but you don't get banned, infact nothing happens appart from the money fine. After getting full license I still had 9 points which means If I gotten even 1 more I'd get license revoked, but luckily that did not happen.
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Llama-Farmer
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PostPosted: 20:08 - 01 Mar 2012    Post subject: Reply with quote

AlexW wrote:
Ben-B wrote:
I think if he did get 6 points on a provisional licence, then the points would only become "active" when the licence was converted to a full one, which would then result in the licence being revoked


I laughed at this. What you're saying is the moment he passes Mod two he would loose his license, This is mad, And not how it works.


I thought it was, because if someone clocked up 6 and passed, they'd then be allowed to clock up another few before losing their licence, kinda defeating the point of the new driver reduced points probationy effort
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J.M.
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PostPosted: 20:27 - 01 Mar 2012    Post subject: Reply with quote

Ben-B wrote:
I thought it was, because if someone clocked up 6 and passed, they'd then be allowed to clock up another few before losing their licence, kinda defeating the point of the new driver reduced points probationy effort


It's quite simple really. Under the new drivers act if you get any points which add up to a total of 6 points or more you lose your licence. If you had 9 points on your provisional licence you could still take your tests and have a full licence. It would not get immediately revoked. If then however you get a single point (i.e. you now have 10 points) on your licence before 2 years then you lose your licence. You lose it because you got some points which made you have 6 points or more.

So in short: You can still get a full licence if you have 6 points or more, but if you get any more points over that 6 points you will lose your licence.
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johnsmith222
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PostPosted: 20:30 - 01 Mar 2012    Post subject: Reply with quote

Ben-B wrote:


I thought it was, because if someone clocked up 6 and passed, they'd then be allowed to clock up another few before losing their licence, kinda defeating the point of the new driver reduced points probationy effort


You are mistaken Ben. It's not defeating the point of the new driver probationary effort. They need to take a test again which is a significant punishment along with having 6 points on their licence.

Otherwise it would pretty much be the equivilent of a 3 year ban if you got 6 points in one sitting within the first two years of passing.

Get one more point and they lose their licence again though.
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Llama-Farmer
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PostPosted: 21:03 - 01 Mar 2012    Post subject: Reply with quote

bluezedd wrote:
Ben-B wrote:


I thought it was, because if someone clocked up 6 and passed, they'd then be allowed to clock up another few before losing their licence, kinda defeating the point of the new driver reduced points probationy effort


You are mistaken Ben. It's not defeating the point of the new driver probationary effort. They need to take a test again which is a significant punishment along with having 6 points on their licence.

Otherwise it would pretty much be the equivilent of a 3 year ban if you got 6 points in one sitting within the first two years of passing.

Get one more point and they lose their licence again though.


I didn't mean not being allowed a licence as long as the 6 points are there, just that it would be revoked. Happy to admit when I'm wrong, and in this case I am. Not arguing or digging now, even if it seems like it, I'm just being inquisitive.

What happens then if they clock up 9 before passing, would they then have 9 on their full licence but not have their licence revoked if they didn't commit any endorsable offence before the points expired?
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