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33 bhp restriction woes

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Scootaloo
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PostPosted: 20:18 - 22 Sep 2014    Post subject: 33 bhp restriction woes Reply with quote

Hello

Got bike impounded, need to provide a certificate of restriction for them to release it...

Only other option is get a company to come and collect the bike on a trailer and take it to the official dealership for restriction or I can pay to have it scrapped... leaning towards the latter as I will be facing a speeding fine next month so licence is going to be revoked anyway so no sense on spending extra.

Thought I'de just tell you so you can laugh N such.
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Last edited by Scootaloo on 20:21 - 22 Sep 2014; edited 2 times in total
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Wonko The Sane
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PostPosted: 20:20 - 22 Sep 2014    Post subject: Reply with quote

So, you need to find your copy of a restrictor certificate then?

My certificate and restrictors came from kickstart engineering on e-bay
only about £50, arrived quickly and easy to fit.
https://stores.ebay.co.uk/kickstart-engineering/Restrictor-Kit-/_i.html?_fsub=4248452017&_sid=1021114207&_trksid=p4634.c0.m322
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Last edited by Wonko The Sane on 20:34 - 22 Sep 2014; edited 2 times in total
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Scootaloo
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PostPosted: 20:21 - 22 Sep 2014    Post subject: Reply with quote

-.. wrote:
So, you need to find your copy of a restrictor certificate then?


Yes, I don't have one it seems.
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MarJay
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PostPosted: 20:27 - 22 Sep 2014    Post subject: Reply with quote

How can you be restricted to 33bhp? The new rules must have come in over two years ago, and so either your restriction has expired, or you're on the 46.6bhp restriction.
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Wednesday Biker
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PostPosted: 20:30 - 22 Sep 2014    Post subject: Reply with quote

The cut off was January something(might be 19th) so restriction might not be up for a few months yet.
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Mark_F
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PostPosted: 20:31 - 22 Sep 2014    Post subject: Reply with quote

MarJay wrote:
How can you be restricted to 33bhp? The new rules must have come in over two years ago, and so either your restriction has expired, or you're on the 46.6bhp restriction.


It'll be 2 years on Jan 18th 2015, so there's a few months to go until all the 33 bhp restrictions are up.
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Kickstart
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PostPosted: 20:31 - 22 Sep 2014    Post subject: Reply with quote

Hi

Agree with Marjay.

From this post of yours you passed your test about 3 months over 2 years ago so your 33hp restriction should have expired.

All the best

Keith
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Wonko The Sane
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PostPosted: 20:36 - 22 Sep 2014    Post subject: Reply with quote

Kickstart wrote:
Hi

Agree with Marjay.

From this post of yours you passed your test about 3 months over 2 years ago so your 33hp restriction should have expired.

All the best

Keith


paper license should state restriction period - police might be assuming you're on a 46bhp restriction that doesn't expire - if your restriction is up then has your bike been wrongly impounded?

Bit more detail about what's happened and people will be able to advise
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arry
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PostPosted: 20:37 - 22 Sep 2014    Post subject: Re: 33 bhp restriction woes Reply with quote

Scootaloo wrote:

Got bike impounded, need to provide a certificate of restriction for them to release it...


Sounds backwards to me - ie surely the onus is on them to prove it does make more than 33bhp, not for you to prove that it doesn't. The law doesn't require the bike to be restricted, just that it doesn't exceed the maximum power output.
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Mark_F
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PostPosted: 20:39 - 22 Sep 2014    Post subject: Reply with quote

-.. wrote:

paper license should state restriction period - police might be assuming you're on a 46bhp restriction that doesn't expire - if your restriction is up then has your bike been wrongly impounded?

Bit more detail about what's happened and people will be able to advise


Also, what kind of speeding we talking? If it's just another 3 points to hit 6, you're 2 year probation should have expired, meaning you keep license...
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MarJay
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PostPosted: 21:07 - 22 Sep 2014    Post subject: Reply with quote

I call troll.
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SQL
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PostPosted: 21:13 - 22 Sep 2014    Post subject: Reply with quote

Didn't OP previously lose his licence for riding pissed? or an i thinking of someone else
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Vracktal
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PostPosted: 22:07 - 22 Sep 2014    Post subject: Reply with quote

Where did it get impounded? If it's near London I can turn up with a bike trailer and take it away to be restricted (or 'restricted').
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P.
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PostPosted: 05:54 - 23 Sep 2014    Post subject: Reply with quote

Can a friend with a full licence collect for you as it's now "theirs"

You don't have much luck do you.

I'm unsure what happens when you get done for drink driving, did you resit the test or just get it back?
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MattEMulsion
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PostPosted: 05:59 - 23 Sep 2014    Post subject: Re: 33 bhp restriction woes Reply with quote

arry wrote:
Sounds backwards to me - ie surely the onus is on them to prove it does make more than 33bhp, not for you to prove that it doesn't. The law doesn't require the bike to be restricted, just that it doesn't exceed the maximum power output.

Assuming that this is all true, I read it as there is no doubt by the police and the owner that the bike isn't restricted, where as his licence conditions state that it needs to be. In which case why do they need to prove further that it makes more than 33hp or whatever restriction it should be? They have the upper hand at the moment, they have the bike until the owner makes it legal to meet his licence requirements.

If he was caught 'riding other than in accordance with his licence' then its only right that it should have been taken off him. Its not much different to riding with no licence at all or without insurance. If you wanted to ride a 'big' bike without a restriction - you should have taken the appropriate test...
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P.
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PostPosted: 06:21 - 23 Sep 2014    Post subject: Re: 33 bhp restriction woes Reply with quote

MattEMulsion wrote:
Assuming that this is all true, I read it as there is no doubt by the police and the owner that the bike isn't restricted, where as his licence conditions state that it needs to be. In which case why do they need to prove further that it makes more than 33hp or whatever restriction it should be? They have the upper hand at the moment, they have the bike until the owner makes it legal to meet his licence requirements.

If he was caught 'riding other than in accordance with his licence' then its only right that it should have been taken off him. Its not much different to riding with no licence at all or without insurance. If you wanted to ride a 'big' bike without a restriction - you should have taken the appropriate test...


They would have to prove this at the roadside, he could also defer the test, which would get him home... perhaps enough time to actually restrict it.

I was never caught, I even crashed and nothing came of it. OP must have been dragging kittens wearing a cape with "I hate pigs" badged on the back.
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andyscooter
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PostPosted: 06:38 - 23 Sep 2014    Post subject: Reply with quote

pretty sure drink driving/riding carrys a year ban as a minimum

not sure if it would affect the restiction running out or carrying on though

thats if op was done for it in the first place
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Rogerborg
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PostPosted: 07:32 - 23 Sep 2014    Post subject: Reply with quote

Paddy. wrote:
Can a friend with a full licence collect for you as it's now "theirs"

My understanding is that the pound monkeys generally want to see a certificate of insurance for that bike, in the name of the person taking it away.

Given the hassle with trailers, vans, getting and cancelling a policy and all that, what I'd do is get down there with cash in excess of the current blackmail demand and say "Do you want monies to get it out of your way, or do you want to just scrap that worthless piece of crap? I'm not bovvered much either way, bruv, innit."

Maybe throw some gangsta signs, because OP is street.


Paddy. wrote:
You don't have much luck do you.

I believe that people make their own luck.
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Scootaloo
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PostPosted: 08:07 - 23 Sep 2014    Post subject: Reply with quote

Vracktal wrote:
Where did it get impounded? If it's near London I can turn up with a bike trailer and take it away to be restricted (or 'restricted').


Hello

It is the Charlton Impound, apparently they will release it to a trailer but only if you have the following:
- Proof of full licence for the trailer/van
- Proof of insurance for the trailer/van
- Hi-vis Jacket in order to enter the site
- Steel toe capped boots in order to enter the site
- You will need to sign a health and safety wager
Although I spoke with the site manager and he said he would not release it even with said trailer, and that I will need to provide the certification no matter what. The bike is the 1989 CB-1 I got for £700 it will cost some money to restrict test and get trailered around and stuff so I'm thinking scrap it today for the £150 seeing as I'm not going to need it anyway when I get called to court for the speeding (potential 3/6 points).

To clear up on what has been said, yes I was charged with DR10 about 12 months ago, and during this ban time. My restriction time did not pass and so my licence is still the restricted 33bhp one from 3 years ago. It looks like I'm set to loose my licence for the following:
- Worst case: 9 points (6 due to the speeding offence and 3 for not driving with the correct licence)
- Best case: 3 points (3 for the speeding offence if the magistrate takes kindly to me)
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iooi
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PostPosted: 08:39 - 23 Sep 2014    Post subject: Reply with quote

Scootaloo wrote:

To clear up on what has been said, yes I was charged with DR10 about 12 months ago, and during this ban time. My restriction time did not pass and so my licence is still the restricted 33bhp one from 3 years ago. It looks like I'm set to loose my licence for the following:
- Worst case: 9 points (6 due to the speeding offence and 3 for not driving with the correct licence)
- Best case: 3 points (3 for the speeding offence if the magistrate takes kindly to me)


Quote:
Disqualified for 56 days or more
If you’re disqualified for 56 days or more you must apply for a new licence before driving again.

You might also have to retake your driving test or take an extended driving test before getting your new licence. The court will tell you if you have to do this.


So just what does it say on your licence?

So you are going to court for speeding?
Which will also include Driving otherwise than in accordance with a licence

So you could be looking at 3 - 6 for speeding & 3 - 6 for licence.

So given your history another ban is looking likely.....
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Scootaloo
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PostPosted: 08:58 - 23 Sep 2014    Post subject: Reply with quote

Quote:
So just what does it say on your licence?

So you are going to court for speeding?
Which will also include Driving otherwise than in accordance with a licence

So you could be looking at 3 - 6 for speeding & 3 - 6 for licence.

So given your history another ban is looking likely.....


Yes, this is more than likely correct then.
I was doing 55 on a duel-lane A road, the speed limit was 30.
My licence claims I'm on a 25kW restriction.

So another ban I could face plus an additional 12 points on my licence. Fantastic, well at least I don't have a family, or anything that requires me to have more than one person travelling.
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Rogerborg
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PostPosted: 09:00 - 23 Sep 2014    Post subject: Reply with quote

OK, then here's what I'd do in your situation.

Put something in writing asserting that you've tried to recover the vehicle with proof of insurance and license. Assert that it is 25kW restricted and that the onus on them is to show otherwise.

Let the pound monkeys scrap it.

Spend the impound money on a pushbike.

Invoice the pound and/or the Plodforce for unlawfully disposing of your vehicle.

Start down the route to a small claim.

That's what I'd do. You, god knows.
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Scootaloo
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PostPosted: 09:05 - 23 Sep 2014    Post subject: Reply with quote

Rogerborg wrote:
OK, then here's what I'd do in your situation.

Put something in writing asserting that you've tried to recover the vehicle with proof of insurance and license. Assert that it is 25kW restricted and that the onus on them is to show otherwise.

Let the pound monkeys scrap it.

Spend the impound money on a pushbike.

Invoice the pound and/or the Plodforce for unlawfully disposing of your vehicle.

Start down the route to a small claim.

That's what I'd do. You, god knows.


Heh, well I'm up one push bike already from the last major fu*k up

I honestly cannot be bothered to pursue it, I'm just going to go down there today and pay them to scrap it and forget about it. Put it down to police pound experience.
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lihp
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PostPosted: 09:12 - 23 Sep 2014    Post subject: Reply with quote

Let me get this straight?

You have been done, riding without a correct license, while speeding, within 3 months of being caught drink driving? Laughing (I say 3 months, assuming that you took the course to reduce the ban).

If you get summoned for these offenses, I really can't see the magistrate taking it easy on you, especially considering you're less than 3 months off a drink drive ban.

If you needed the car, then all the more reason why you have been an idiot, by firstly drink driving in the first place, then riding without the correct license, and then by speeding.

I'd just get it scrapped.
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