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| tom275 |
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 tom275 Two Stroke Sniffer
Joined: 07 May 2012 Karma :    
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| Speed |
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 Speed Could Be A Chat Bot

Joined: 19 Jul 2006 Karma :  
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| Aff |
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 Aff World Chat Champion

Joined: 05 May 2011 Karma :    
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 Posted: 10:02 - 07 Sep 2012 Post subject: |
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When did he stop you? You have a 5 day grace period at the end of the month (as long as you have bought the tax disk online before it ran out) where you don't have to display a tax disk. ____________________ Current Bikes:Honda 929RR Fireblade, Honda CD200 Benly (Project), Stomp Z2 140
Electric Bike Project |
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 10:10 - 07 Sep 2012 Post subject: Re: Fined for not Displaying Tax -_- |
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| tom275 wrote: | ...he had to call another "vehicle specialist" to confirm. He didn't fine me but did give me a prohib on the bike and let me push it to the garage round the corner... |
If he had to call someone else then he was not qualified to make that judgement call (not an authorised examiner). As the other qualified person was not present (assuming call means 'phone/radio) they were not present so could not make any judgement.
If this happens again request a deferred test/inspection.
| Quote: | Copied from Blackstone's Road Traffic Police manual 2005.
Section 67 of the road traffic act 1988 allows 'authorised examiners' to carry out roadside tests on motor vehicles, in relation to brakes. steering, tyres, lights and noise and fume emission. Authorised examiners include police constables so authorised by their chief officer of police. Other examiners may be appointed (e.g. by the Secretary of State or a police authority) but they must produce their authority to act as such if required to do so (s.67(6)). Obstructing such an examiner is a summary offence under s.67(9)
Section 67(6) allows for drivers to ask for the examination to be deferred (in accordance with the time limits set out at sch. 2 to the 1988 Act.) However s.67 goes on to state:
Where it appears to a Constable that, by reason of an accident having occurred owing to the presence of the vehicle on the road, it is requisite that the test be carried out forthwith, he may require ot to be so carried out, and if he is not to carry it out himself, may require that the vehicle shall not be carried away until the test has been carried out.
Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith. |
In laymans terms means:
| Quote: | If you are stopped and PC Plod has nothing better to do than start checking your bike or car over, you say "Oi dirty copper, what you doing" and he will reply either, "Checking your car for road worthyness sir" or "Shut your face mate, or I'll make something up and nick ya"
If it's the former, and for whatever reason you have something to hide like 2 bald tyres, you may say " No your not, I would like a deferred test" He would then look at you bemused and say "What?" and you then point out to him your knowledge of the law.
At this point, he will then ask you to arrange a 7 day period within the following 28 days for the test to be carried out within one of those 7 days at a place of your choosing. This will be no doubt just after you have fitted 2 new tyres. |
That is a deferred test/inspection.
HTH  ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? 
Last edited by map on 10:11 - 07 Sep 2012; edited 1 time in total |
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| MarkJ |
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 MarkJ World Chat Champion

Joined: 11 Apr 2006 Karma :   
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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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| syl |
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 syl World Chat Champion

Joined: 05 Dec 2005 Karma :   
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 Posted: 10:49 - 07 Sep 2012 Post subject: |
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5 Working days at the start of the month. That means you have until today. If you purchased before the 1st of September, you can complain and get your fine refunded. If you didn't purchase until later, your case may not be so strong as although thE tax disc is backdated, you may not have been continuously covered. ____________________ Current bike: Kawasaki Z750S
Last edited by syl on 10:51 - 07 Sep 2012; edited 2 times in total |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 10:49 - 07 Sep 2012 Post subject: |
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Did he really?
I was under the impression that the police were no longer enforcing failure to display a tax disc.
Any time I've been stopped without a disc on (I never display a disc), they simply said they were reporting it to the DVLA.
A photo/scan of the paperwork they gave you would be interesting. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| johnsmith222 |
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 johnsmith222 World Chat Champion
Joined: 26 Dec 2008 Karma :   
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| chris-red |
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 chris-red Have you considered a TDM?

Joined: 21 Sep 2005 Karma :   
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| Snorty |
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 Snorty World Chat Champion

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| WannaBeDude |
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 WannaBeDude World Chat Champion
Joined: 05 Jul 2011 Karma :    
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 Posted: 11:14 - 07 Sep 2012 Post subject: |
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Where in the opinion of the constable that the vehicle is apparently so defective that it ought not to be allowed to proceed without a test been carried out, he may require the test to be carried out forthwith.
their version of so defective will be blah blah blah  ____________________ Jogging on, destination living. |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 11:17 - 07 Sep 2012 Post subject: Re: Fined for not Displaying Tax -_- |
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| tom275 wrote: | Anyway he gave me an on the spot fine |
Judge Dredd, was he?
You were issued a Fixed Penalty Notice. It offers you an opportunity to pay a bribe and admit guilt rather than be reported to the CPS for prosecution.
It's entirely up to you whether you pay the bribe, or whether you ignore it and see if the CPS can be bothered prosecuting, and if they manage to do it to a minimal standard of competence.
However, it's a strict liability offence, carries no points, and you're unlikely to get to get off any lighter in court. Unlucky, but spread it out over a lifetime of motoring and it's just noise.
Sure, it was a dick move by an anti-bike copper, but he only stitched you up enough to hit his target and no more.
Interesting that he considered pushing the bike to not be driving it, when we just had a lad get his bike seized for "driving" it with no insurance while pushing.  ____________________ 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 |
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| Marmalade |
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 Marmalade World Chat Champion

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| johnsmith222 |
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 johnsmith222 World Chat Champion
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| tom275 |
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 tom275 Two Stroke Sniffer
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| Snorty |
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 Snorty World Chat Champion

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| MarkJ |
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 MarkJ World Chat Champion

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| tom275 |
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 tom275 Two Stroke Sniffer
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| natefz6 |
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 natefz6 Brolly Dolly

Joined: 06 Apr 2005 Karma :  
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 MarkJ World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 12:52 - 07 Sep 2012 Post subject: |
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| tom275 wrote: | Of course I'd still rather not pay at all so its probably worth going to court. If I lose in court will they charge me more for expenses etc? |
Up to £200 and doubtless a "victim surcharge" of £15.
Please don't call it a "fine", that clouds your thinking. At the moment, it's just an opportunity to pay. If you want to 'contest' it, then just don't pay it and see if the CPS (or actually, it might be the DVLA) bother to prosecute it.
If they do, it does look like you're (sorry...) "fine" because :
| Finance Act 2008 Section 147 wrote: | |
So if it was taxed up until the end of August, and you were stopped in September, up to and including today, then you're peachy.  ____________________ 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 |
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| tom275 |
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 tom275 Two Stroke Sniffer
Joined: 07 May 2012 Karma :    
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 Posted: 14:07 - 07 Sep 2012 Post subject: |
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Well, just been on the phone to the "Central Ticketing Office" and it looks like I can get the fixed penalty cancelled because of the 5 day grace
Thanks for advice, I will update in due course |
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| Alpha-9 |
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 Alpha-9 Super Spammer

Joined: 19 Jan 2012 Karma :  
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 Posted: 14:46 - 07 Sep 2012 Post subject: Re: Fined for not Displaying Tax -_- |
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| Rogerborg wrote: | | tom275 wrote: | Anyway he gave me an on the spot fine |
Judge Dredd, was he?
You were issued a Fixed Penalty Notice. It offers you an opportunity to pay a bribe and admit guilt rather than be reported to the CPS for prosecution.
It's entirely up to you whether you pay the bribe, or whether you ignore it and see if the CPS can be bothered prosecuting, and if they manage to do it to a minimal standard of competence.
However, it's a strict liability offence, carries no points, and you're unlikely to get to get off any lighter in court. Unlucky, but spread it out over a lifetime of motoring and it's just noise.
Sure, it was a dick move by an anti-bike copper, but he only stitched you up enough to hit his target and no more.
Interesting that he considered pushing the bike to not be driving it, when we just had a lad get his bike seized for "driving" it with no insurance while pushing.  |
How about you write up a "What to say if you've been stopped by the police" guide (and not like those freeman bullshit things where you just get arrested while talking shit)
It could include
- Not displaying tax discs despite being taxed
- Riding in bus lanes
- Filtering/overtakes
- Parking on pavements
- Speeding
- ??
Just a sort of, general guide what to say, what the actual law is and a citation of it, and repercussions/fines/points if you don't/do
Seriously, would be good  ____________________ Fzr-600 1999 |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 15:28 - 07 Sep 2012 Post subject: Re: Fined for not Displaying Tax -_- |
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| Alpha-9 wrote: | How about you write up a "What to say if you've been stopped by the police" guide |
What, and put it in the stickies with all the other stuff that doesn't get read?
Nah, I'm still on a voyage of discovery here. My day job is related to police procedure, but nobody has definitive answers to this because so much of it is open to interpretation. And that goes for those doing the interpreting as well: they disagree with each other and get overruled, so it's a moving target. ____________________ 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 |
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Old Thread Alert!
The last post was made 13 years, 109 days ago. Instead of replying here, would creating a new thread be more useful? |
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