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Can I be arsed? - Producer

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Wonko The Sane
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PostPosted: 19:56 - 27 Mar 2013    Post subject: Can I be arsed? - Producer Reply with quote

Just wondering if I can be arsed to find the time to call in at my local police station to point out how much of a plonker the police officer who pulled me on the M60 is.


Back story.

I have my full (<33bhp) license and ride my 125 varadero to and from work via the M60.

I got pulled today for 'riding not in accordance' as I was on the motorway on my bike and apparently must only have a 125 license and have removed my L plates to avoid being caught.

showing my photo card license, which was updated when I passed, got the reply of "you need to show that at the station between 9 and 5 on a week day."

I work 9-6 so that's not an option.

Should i just wait for a summons to come through, allow them to take me to court and show up with full license and pass slips?

He didn't actually give me any paperwork so I'm a bit confused as to if he was just covering his mistake by not giving me anything after seeing my license.

any ideas?
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Marmalade
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PostPosted: 19:59 - 27 Mar 2013    Post subject: Reply with quote

no producer = no producer.

No paperwork means nothing to do. He can't just tell you to turn up at a station with licence in hand, what are they going to do with it?
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Nexus Icon
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PostPosted: 20:00 - 27 Mar 2013    Post subject: Reply with quote

I think you'd get summonsed for failing to produce rather than riding not in accordance with so you'd get done in court.
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27cows
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PostPosted: 20:01 - 27 Mar 2013    Post subject: Reply with quote

As above. Copper sounds like a complete bellend. Have also got pulled more than once on my regular small commuter while motorway riding. Though the last time was about 14 years ago, admittedly Laughing
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Muscle Bike Rider
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PostPosted: 20:01 - 27 Mar 2013    Post subject: Reply with quote

No producer = no offical record of being instructed to produce, producer normally lists what documents need to be shown within 7 days, its rare for these to be issued now as police have access to all info on their computer, I wouldn't bother, think he's just being a plonker.
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covent.gardens
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PostPosted: 20:02 - 27 Mar 2013    Post subject: Reply with quote

You'll be going down there anyway to make a complaint against the incompetent officer won't you, so just show it then.
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Islander
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PostPosted: 20:06 - 27 Mar 2013    Post subject: Reply with quote

Nexus Icon wrote:
I think you'd get summonsed for failing to produce rather than riding not in accordance with so you'd get done in court.


You can't produce if you haven't got a producer to produce with. Wink
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Wonko The Sane
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PostPosted: 20:14 - 27 Mar 2013    Post subject: Reply with quote

surely by having showing him my license at the side of the road I can't be done for not producing it?

admittedly it was photo card only as I didn't have paper on me.

With regards going and complaining, will have to wait for the weekend. but no idea what station he was from, couldn't see his number and no paperwork.

He didn't say which police station to go to, just "your local one"
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Last edited by Wonko The Sane on 20:15 - 27 Mar 2013; edited 1 time in total
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stinkwheel
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PostPosted: 20:15 - 27 Mar 2013    Post subject: Reply with quote

You need to be careful.

Failure to produce your documents is an offence. Regardless of if the reason he asked you to produce is a spurious one. It's enough that he was in uniform and requested the ducuments.

That said, they normally give you a HORT1 form if they want you to produce documents but I don't think it's strictly necessary in the wording of the law.

So. It comes down to what he asked you to produce and if you did it. If he asked for and was shown your licence, you produced BUT it comes down to what he says happened and many police will think nothing of straight-out lying about it.

SO. There is no way you could be done for driving other than in accordance with your licence but they COULD fit you up for failing to produce.

Another thing. The statuatory defence for failure to produce is if you do so with in seven days or as soon as is reasonably practical. They tend to forget that last bit.

If it were me, I'd march myself down to the station and demand to see the duty sergeant and suggest he reviews the training of his officers before he sends them out into the world to harrass the public. I've done this before when I was given a producer for my CBT certificate after being stopped on a 350 and showing them my full licence.

So. Three options the way I see it:
1) Sit on it, hope he doesn't lie about you showing him your licence at the scene.

2) Cover your arse, find a way to produce it at a police station. Just go to any police station. You would normally specify which one, not the copper who stopped you. They'll take your details and give you a log number to prove you did it.

3) Kick up a fuss at his home station.

Number 3 would be the right way to go. From your description of what happened, he needs a kick up the arse from his sergeant.
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polar
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PostPosted: 20:18 - 27 Mar 2013    Post subject: Reply with quote

covent.gardens wrote:
You'll be going down there anyway to make a complaint against the incompetent officer won't you, so just show it then.


This
100% this
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Wonko The Sane
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PostPosted: 20:20 - 27 Mar 2013    Post subject: Reply with quote

no idea of his home station.
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27cows
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PostPosted: 20:24 - 27 Mar 2013    Post subject: Reply with quote

Phone your local station and tell them what happened - they'll advise you. But I know for a fact that without the HORT1, you're not legally obliged to produce your docs. You showed that prat your full license, which entitles you to be riding on the motorway. He'll know from the fact that your plate hasn't flagged anything up that you have insurance, tax and the bike isn't nicked.

But incompetence of this nature seems par for the course now Confused
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tracks
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PostPosted: 20:25 - 27 Mar 2013    Post subject: Reply with quote

I can't believe you saw the only copper on the M60 Smile
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Nexus Icon
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PostPosted: 20:27 - 27 Mar 2013    Post subject: Reply with quote

Islander wrote:
Nexus Icon wrote:
I think you'd get summonsed for failing to produce rather than riding not in accordance with so you'd get done in court.


You can't produce if you haven't got a producer to produce with. Wink

Indeed. I must've missed that bit when I scanned the original post. I was too busy thinking what a prick the copper was.
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stinkwheel
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PostPosted: 20:28 - 27 Mar 2013    Post subject: Reply with quote

27cows wrote:
But I know for a fact that without the HORT1, you're not legally obliged to produce your docs.


Facts are interesting things and can be backed up using proof. Chapter and verse please.

As far as I am aware, the law states you have to produce your licence when requested by a uniformed police officer. If you don't do it, you are committing an offence. It then lays out a statuatory defence of producing it at a police station within seven days. No mention is made anywhere I've seen of how that request should be made or of any paperwork that should accompany it. In theory, it's enough to have asked.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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27cows
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PostPosted: 20:37 - 27 Mar 2013    Post subject: Reply with quote

stinkwheel wrote:
27cows wrote:
But I know for a fact that without the HORT1, you're not legally obliged to produce your docs.


Facts are interesting things and can be backed up using proof. Chapter and verse please.

As far as I am aware, the law states you have to produce your licence when requested by a uniformed police officer. If you don't do it, you are committing an offence. It then lays out a statuatory defence of producing it at a police station within seven days. No mention is made anywhere I've seen of how that request should be made or of any paperwork that should accompany it. In theory, it's enough to have asked.


Where's the proof the officer requested that documents be produced? There is none. So it might never have happened and these days absolutely everything has to be in writing or it's inadmissible. Cop was alone - there is no case. Would definitely never get to court.

But as I said to the OP, phone local nick and explain situation to be on the safe side.

Show me one single instance of someone being prosecuted for failure to produce their legal (motor) documents where a HORT1 or other form wasn't issued Wink
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mr jamez
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PostPosted: 20:43 - 27 Mar 2013    Post subject: Reply with quote

Ah the producer, the last weapon in a traffics armory when he's come to a dead end; "I was wrong but I'm still going to be a annoying cunt just to make a point."

Fucking even give you one if they check your photo license, phone through to check the insurance database, have a look over the vehicle... Evil or Very Mad
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stinkwheel
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PostPosted: 20:51 - 27 Mar 2013    Post subject: Reply with quote

27cows wrote:

Where's the proof the officer requested that documents be produced? There is none. So it might never have happened and these days absolutely everything has to be in writing or it's inadmissible. Cop was alone - there is no case. Would definitely never get to court.

But as I said to the OP, phone local nick and explain situation to be on the safe side.

Show me one single instance of someone being prosecuted for failure to produce their legal (motor) documents where a HORT1 or other form wasn't issued Wink


I don't know if anyone has or has not been prosecuted for failure to produce without a HORT1 being issued and nor do you. Thing is, a copper doesn't actually need any more proof than saying so.

I've been verbally NIPed and cautioned in the back of a police car three times for speeding. I was given a fine and points twice. Not a single scrap of paperwork was given to me at the scene on any of those occasions.

It's also not at all outwith the realms of possability that a copy of a HORT1 mysteriously turns up later. He could easily have written it out in the station and thrown the top copy in the bin. If he's a sloppy as he seems, he could also be bent.
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“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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27cows
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PostPosted: 21:08 - 27 Mar 2013    Post subject: Reply with quote

True enough - which is why OP needs to phone local station and see what they say.

Not heard of anyone getting a producer in years. Didn't think it even happened any more.

Speeding is different - they've got photographic or video evidence of a crime being committed. OP hasn't broken the law. Copper was obviously a tit Laughing Still better to be safe than sorry.
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MarJay
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PostPosted: 21:26 - 27 Mar 2013    Post subject: Reply with quote

The few times I've had a producer I just took it into a local large police station that was open outside of office hours.
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Wonko The Sane
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PostPosted: 21:55 - 27 Mar 2013    Post subject: Reply with quote

MarJay wrote:
The few times I've had a producer I just took it into a local large police station that was open outside of office hours.


will have to try and do this tomorrow.

Police officer was in an un-marked rep-mobile with flashy lights hidden in the radiator grill.

I knew there was no chance he'd caught me speeding, I was flat out and doing 65 up the hill!

not convinced either way on uniform, he had a black fleece on is all I really saw.
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Resurrection
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PostPosted: 22:05 - 27 Mar 2013    Post subject: Reply with quote

Black Sheep wrote:
MarJay wrote:
The few times I've had a producer I just took it into a local large police station that was open outside of office hours.


will have to try and do this tomorrow.

Police officer was in an un-marked rep-mobile with flashy lights hidden in the radiator grill.

I knew there was no chance he'd caught me speeding, I was flat out and doing 65 up the hill!

not convinced either way on uniform, he had a black fleece on is all I really saw.


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radicalrabit
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PostPosted: 01:21 - 28 Mar 2013    Post subject: Reply with quote

when i was 25 got done for speeding. was given the producer and took it to the nick after about 7 days and they tore it up ... the happy chappy who nicked me put my date of birth in the date of offence bit...... Thumbs Up seldom that lucky these days
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stinkwheel
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PostPosted: 01:21 - 28 Mar 2013    Post subject: Reply with quote

27cows wrote:

Speeding is different - they've got photographic or video evidence of a crime being committed. OP hasn't broken the law. Copper was obviously a tit Laughing Still better to be safe than sorry.


OP has broken the law if he failed to produce a document when requested. It's an absolute offence. You could even (almost certainly successfully) argue that not having the counterpart licence constitutes failure to produce.

So. OP has broken the law as laid down in statute by failing to produce his driving licence when requested to do so. He has committed an offence and now needs to take advantage of the statuatory defence of producing within 7 days.

Incidentally. On none of my speeding offences was there a shred of documentary evidence of my misdemeanour. Speed was measured using the VASCAR system which is entirely dependant on someone pressing a button at the right time and the word of the policeman using it as to what the reading was (needs to be two of them in Scotland, can be one in England). Home office approved.
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Shinigami
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PostPosted: 07:50 - 28 Mar 2013    Post subject: Reply with quote

Doh! but the OP produced his full license card so surely he has 'produced' ?

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