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Dual License info ?

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Lynxx
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PostPosted: 23:11 - 18 Jun 2012    Post subject: Dual License info ? Reply with quote

Well i was pulling out at a junction and it was pretty busy and dangerous due to a blind corner and alot of HGV's so i was in a hurry to get out and not get flattened. Anyways a police man gets up behind me and pulls me over, says i was speeding out of the junction apparently, But hey wait this gets even better.

After being pulled over they realize i wasn't speeding, they then decide to go through my records because they don't like my american drivers license. They then say because i have a British one i use for ID reasons, that i cannot use my american even though i flew into the UK on November (less than 12 months ago). So they go ahead and write that ticket for driving outside of my driving restrictions which is absolute nonsense, because it even says on there own website that you can use an international license for up too 12 months upon entry. Then they go ahead and breathalyze me too, and search me for 'drugs' that were non existent. I didn't receive a speeding ticket either, so this proves they pulled me over for NO reason.

Does anyone else agree with me that this is just harassment because they were looking for drunk drivers leaving the music festival nearby ?

Ohh and i called 101 earlier they said i shouldn't of received the ticket to the operators knowledge, she then said to call Ticketing tomorrow. The police in the car said they cannot breathalyze me until they issue a ticket, so was this just a reason to breathalyze me, and then tear through my bag to find these 'drugs' ?


Does anyone here know much about having 2 driving licenses either (UK & International) ?

I apologize to anyone reading this, i am on a bit of a rant at the moment due to the circumstances and i am pretty sure i am right about this, it will probably help to sleep on it and hear some of your views and opinions on the matter.
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Lynxx
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PostPosted: 23:16 - 18 Jun 2012    Post subject: Reply with quote

Its not the points and fine that gets me its the fact i cannot drive to work until this is sorted. So im loosing money every day, getting gripped at by my boss and not having any transport.
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Ariel Badger
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PostPosted: 23:26 - 18 Jun 2012    Post subject: Reply with quote

You can ride /drive until we ban you, what is the problem?
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yambabe
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PostPosted: 23:30 - 18 Jun 2012    Post subject: Reply with quote

Depends if you are here as a resident or just a visitor?

I assume you have your US licence and also a UK provisional, is this correct?
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Lynxx
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PostPosted: 23:49 - 18 Jun 2012    Post subject: Reply with quote

yeah that is correct, The government doesn't declare me as a resident, if i was to try and get doll they wouldn't give it too me more or less. I plan on staying until November then im going back. I have dual nationality if that matters ?
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yambabe
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PostPosted: 00:09 - 19 Jun 2012    Post subject: Reply with quote

Nope, you are absolutely correct. If you are here as a visitor you can drive on your US licence for 12 months.

You should be able to get the ticket withdrawn, not sure if you have to make a formal appeal but there's no way it could stand up in court so they will have to get rid of it.

Also, as Ariel said, there is no reason why you can't continue to drive.

You have met one of our lovely jobsworth coppers who was determined to do you for something. Welcome to the UK...... Rolling Eyes
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blurredman
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PostPosted: 00:15 - 19 Jun 2012    Post subject: Reply with quote

Yup that's the police for you.

If they pull you over for something and they find they were incorrect, then they'll pull a fast one in order for themselves not to look stupid.


Overuse their powers most of them Crying or Very sad They're supposed to be servants to the public, Rolling Eyes
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Benno
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PostPosted: 00:35 - 19 Jun 2012    Post subject: Reply with quote

Wow...I've been lucky living in rural Devon, all the police I've ever met have been just like the cliched bobbies of yonder, their only job is to help an old lady cross the street or a aid a spiffing young gent trying to get his girl a safe taxi home.

I'm dreading the day I meet a "real" policeman Confused I'm sorry you had to have this encounter OP, it bears terribly on us British.
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multijoy
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PostPosted: 01:08 - 19 Jun 2012    Post subject: Re: Dual License info ? Reply with quote

Lynxx wrote:
. The police in the car said they cannot breathalyze me until they issue a ticket, so was this just a reason to breathalyze me, and then tear through my bag to find these 'drugs' ?


As it stands, you can be breathalised if:

You commit a moving traffic infringment
You are involved in an accident that results in injury
A constable suspects you may be over the limit

There's no reason to wait for a ticket to be issued to breathalise.

You don't have to pay the FPN in the first instance; it is, effectively, a 'report for summons' with a convenient option to admit to the offence and receive a known penalty. I would, if I were in your shoes, fill out the slip and request a court hearing.

I would note that (at least in London) there are so many people driving on dodgy or non-existent licences, I'd fully expect them to go through your details with a fine-tooth comb, especially if you're no longer a visitor.

However, on a scale of 'bribe-the-examiner' to '3-years-training-with-a-skid-pan-element', a US licence isn't a shining beacon of driver competence; not knowing the circumstances of the event doesn't really tell us if the copper had genuine grounds to suspect that you were blagging it, or whether he was simply being officious.
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Rogerborg
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PostPosted: 09:33 - 19 Jun 2012    Post subject: Reply with quote

The drugs search was almost certainly illegal unless you were daft enough to consent to it. Feel free to recollect that they carried it out over your clear and firm objection and contact their professional standards. It won't come to anything, but it will cause them a bit of quid pro quo hassle.

As to the licensing, you've only been accused of an offence, and on the face of it incorrectly. Tell them to shove their FPN, and keep riding unless and until you're convicted.
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Lynxx
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PostPosted: 13:51 - 19 Jun 2012    Post subject: Reply with quote

Thanks for all the support, but i was told 'you are very lucky you are so close to home, and i am going by your word that you will not drive it again. I will not have it impounded this time !' more or less in those words, So if i was caught by the same officer again i'm pretty sure he would love to impound the bike !

He also made me push it home, luckily it was all down hill and less than 200 meters away. For some reason i wasn't allowed to park it on the road in a parking spot either, Tax disk, MOT & Insurance is all valid and in date, that gives me every right to park in a parking spot if it doesn't have time allocations or a meter, right ?

His reasoning behind this was 'So it wouldn't tempt me to go back on it for a ride after he has left' I must also say the officer in training in the car was very nice, it was just the elder cop that was being rude and refusing to give up on writing a ticket.

You devon folk must be pretty lucky ! Here in somerset they seem to love picking on motorcyclists, Almost everyone i know that rides a bike has been picked on some time or another for no reason.

Thank you multijoy for that useful information.
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dungbug
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PostPosted: 14:15 - 19 Jun 2012    Post subject: Reply with quote

'Speeding out of a junction', sounds like he wanted to pull you over regardless. Your licence shouldn't be a problem as you've not been here for more than 12 months, passed the breathe test, no drugs & no speeding so there's no grounds to issue a penalty. You should have been allowed to leave it parked on the road as well as it's taxed, sounds like a right ar*ehole......He probably caught his wife shagging the next door neighbour last night or just hates Americans. Rolling Eyes
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map
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PostPosted: 14:37 - 19 Jun 2012    Post subject: Reply with quote

dungbug wrote:
...He probably caught his wife shagging the American next door last night...

Corrected for you Wink Very Happy
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iooi
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PostPosted: 14:38 - 19 Jun 2012    Post subject: Re: Dual License info ? Reply with quote

Lynxx wrote:
to go through my records because they don't like my american drivers license. They then say because i have a British one i use for ID reasons, that i cannot use my american even though i flew into the UK on November (less than 12 months ago). So they go ahead and write that ticket for driving outside of my driving restrictions which is absolute nonsense, because it even says on there own website that you can use an international license for up too 12 months upon entry.


Is your yankie licence a FULL bike one?

I don't get why you needed to apply for a UK licence for id. Surely your yank licence or passport will cover this.
But if you are going to be here longer than 12 months then you need to get a move on or you will lose your right to ride/drive.

I would never take advice from anyone on the 101 line as they are not a police officer, just normal people taking the non emergancy calls.
Bit like your average desk clerk you get when you visit your local cop shop.....
I think they lose any knowledge as soon as they get behind that desk.

I would print of the DVLA info and take it to a police station and ask to speak to a officer and explain the situation.
Remember poor old plod can't know every little bit of the law.
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angryjonny
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PostPosted: 14:56 - 19 Jun 2012    Post subject: Reply with quote

Can't add much advice to that above. But I just wanted to apologise on behalf of our petty nation's jobsworth coppers. They're not all like that but too many are.

Conversely, the only time I ever got pulled over for speeding stateside was in Hawaii and I deserved it too. The policeman was nice as pie - he didn't feel the need to give me the standard UK patronising lecture like I was a naughty schoolkid - we just chatted about stuff and I helped him work out how a UK driving licence worked. Then he pretty much told me if I decided not to pay the fine there was diddly squat they could do about it and sent me on my way.
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Rogerborg
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PostPosted: 15:37 - 19 Jun 2012    Post subject: Reply with quote

Hmm, from reading the DirectGov blurb on it, I'm not entirely sure that you're in the clear here. I'm not going to give an opinion on this one, it might come down to the CPS and a court to decide it.

I do suggest that you get down to the cop shop and try to get it sorted out pre-emptively. If it's that important to you, speak to and be prepared to pay for a specialist motoring solicitor to put them in the right with some case history.

As to actually having your bike seized, print out Road Traffic Act 1988 Section 165A and pay very careful attention to the last word in (2) (b).
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Lynxx
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PostPosted: 15:37 - 19 Jun 2012    Post subject: Reply with quote

well i was talking to the trainee he was very nice, i forgot to mention before i got out the car they said they didn't recommend i take this to court and to read the ticket if i wanted to appeal !
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Lynxx
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PostPosted: 15:41 - 19 Jun 2012    Post subject: Reply with quote

Rogerborg wrote:

As to actually having your bike seized, print out Road Traffic Act 1988 Section 165A and pay very careful attention to the last word in (2) (b).


I produced my American license on the spot, i always carry it around when i am driving, because the British police have no way of checking the american database to see if i have one or not.

As of the 'and' what is it in reference too ?
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multijoy
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PostPosted: 16:36 - 19 Jun 2012    Post subject: Reply with quote

the 'and' is reference to s87, that is to say that your vehicle can be siezed if you fail to produce and the constable believes that you (the driver) are unlicenced.

I'll qualify that slightly by saying that the actual text is 'reasonable grounds to believe', so it's not enough for the officer to simply suspect that you don't have an s88 exemption, but must have some actual belief in your unlicensedness.

If your US licence looks, frankly, well dodgy in comparison to a UK one, combined with a concern over your driving, then that could be enough. It's for the officer to justify, at the end of the day - there's no objective standard.
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dungbug
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PostPosted: 21:27 - 19 Jun 2012    Post subject: Reply with quote

map wrote:
dungbug wrote:
...He probably caught his wife shagging the American next door last night...

Corrected for you Wink Very Happy


Laughing Laughing Laughing
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Ariel Badger
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PostPosted: 21:33 - 19 Jun 2012    Post subject: Reply with quote

Did you get the cops number? If so put in a complaint at his station. IMHO he was not a proper cop but one of them jumped up CPSO tossers on a power trip.

Edit....I have no evidence of the above but the use of the words " jumped up CPSO tosser" will win you brownie points at the station.
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Chris750
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PostPosted: 21:40 - 19 Jun 2012    Post subject: Reply with quote

I was under the understanding if you apply for a british licence then in most cases this will supersede your international one. Whether in the 12 month period or not. So as soon as you applied your are a provional british licence holder and your international licence entitlement is irrelavant.
This could be wrong though
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Last edited by Chris750 on 21:49 - 19 Jun 2012; edited 1 time in total
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Paivi
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PostPosted: 21:41 - 19 Jun 2012    Post subject: Reply with quote

How old are you?

You wouldn't be allowed to drive/ride in the UK with your US licence if you're age barred, i.e., if a foreign licence allows somebody to drive a vehicle at an age lower than in the UK/most EU countries.
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TamaJosh
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PostPosted: 21:48 - 19 Jun 2012    Post subject: Reply with quote

Might have been trying to find someone to pull over to show the new guy how it's done and feel big.


Had the same situation with a form teacher at grammar school (grammar school was much less homoerotic than it sounds) who acted like a total bastard to my class after a new one came in to watch.

He probably felt it made his cock look bigger infront of her. Certainly looked bigger infront of us when he first saw her Puke Wub Wub Wub
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pendulum
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PostPosted: 21:48 - 19 Jun 2012    Post subject: Reply with quote

https://www.pattersonlaw.co.uk/news/1128/107/I-was-supervised-but-didnt-have-L-plates.php

Posted by: patterson
Im afraid that if you get a UK provisional licence that takes precedent over an international licence.

Also: https://www.pattersonlaw.co.uk/news/950/107/International-driving-licence-rules.php

Posted by: patterson
The officer is right that your provision licence takes precedent over your international licence, but if you are within 12 months of entering the UK and becoming resident then you can drive on your provisional without supervision and without l plates.
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