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Riding with a Pillion passenger on a CBT, need advice

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Rjw1993
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PostPosted: 21:13 - 10 Jan 2015    Post subject: Riding with a Pillion passenger on a CBT, need advice Reply with quote

Hi guys, I'm looking for some advice and am a little lost, so I thought I'd ask here.

The other day, I was stupid enough to give my friend a lift on my 50cc moped while he did not have a helmet, we got on and went two minutes up the road when a police car saw us and pulled me over.

I was asked to get in the car, some questions were asked, forms were filled out, and they explained to me that my bike was going to be seized, I was told to get it back, I need to pay a £150 fine + £10 a day for storage, I co-operated with them, as I knew that what I had done was a very stupid thing to do.

I am to pick up the bike tomorrow, however what really worries me is what happens next? I know I could go to court or recieve a fine, but what's the most likely final outcome of this? It's really worrying me and personally I believe I deserve everything I get, but what are the chances of losing my license? are they high? without my bike, I will struggle to get to work and could lose my job. only info I can give is that I am 21 and that I am not entirely sure wether my CBT has expired or not.
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dydey90
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PostPosted: 21:23 - 10 Jan 2015    Post subject: Reply with quote

It sounds like you need to repeat your CBT and I'd take it with a different training school if you didn't know these things.

The certificate lasts two years, so check when you did it.

You can't take passengers on a CBT and even if you could, said passenger must wear a helmet.
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wr6133
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PostPosted: 21:32 - 10 Jan 2015    Post subject: Reply with quote

As said CBT is valid for 2 years. However if you have a full car licence and passed a CBT it is permanently valid for 50CC mopeds, you don't need L plates and I think you can carry a pillion.

So if you have a car licence don't worry.

If you don't then you best learn to tie a noose and find a nice looking tree.
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wristjob
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PostPosted: 22:16 - 10 Jan 2015    Post subject: Reply with quote

wr6133 wrote:
As said CBT is valid for 2 years. However if you have a full car licence and passed a CBT it is permanently valid for 50CC mopeds, you don't need L plates and I think you can carry a pillion.

So if you have a car licence don't worry.

If you don't then you best learn to tie a noose and find a nice looking tree.

To obtain your full moped or motorcycle licence you MUST pass a motorcycle theory test and modules 1 and 2 practical tests on a two-wheeled motorcycle.

You MUST NOT carry a pillion passenger or pull a trailer until you have passed your test. Also see Rule 253 covering vehicles prohibited from motorways.
Law MV(DL)R reg 16

that seems to point to no passengers without licence.

but i think the op is an imagineer and has made the whole thing up
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duhawkz
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PostPosted: 22:23 - 10 Jan 2015    Post subject: Reply with quote

Quote:
5. CBT if you have a car driving licence
The Driving Standards Agency (DSA) and Vehicle and Operator Services Agency (VOSA) have merged to form the Driver and Vehicle Standards Agency (DVSA).

You can ride a moped without L plates and without taking the full motorcycle test if either:

you have a car driving licence and a compulsory basic training (CBT) certificate
you passed your driving test before 1 February 2001
You must complete a CBT course to confirm your full moped licence if you passed your car driving test on or after 1 February 2001.

Your CBT certificate for riding mopeds is then valid for as long as your car driving licence.

Mopeds have a maximum engine size of 50cc and a maximum speed of approximately 31mph.


From https://www.gov.uk/cbt-compulsory-basic-training/cbt-if-you-have-a-car-driving-licence

But I am guessing from the op that the op doesn't have a full car licence.
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duhawkz
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PostPosted: 22:24 - 10 Jan 2015    Post subject: Reply with quote

Double post
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Last edited by duhawkz on 22:25 - 10 Jan 2015; edited 1 time in total
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wr6133
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PostPosted: 22:24 - 10 Jan 2015    Post subject: Reply with quote

Edit - ^Ninja'd by someone that could be bothered looking

I was under the impression that a full cat B (car) + CBT = Full moped (cat p?)hence no L plates, no need to renew CBT (for 50cc) and carry pillion. I could be wrong though on the pillion bit if I'm honest I can't be bothered to look in to it the OP can access google.
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duhawkz
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PostPosted: 22:27 - 10 Jan 2015    Post subject: Reply with quote

Snooze ya loose
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lihp
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PostPosted: 01:04 - 11 Jan 2015    Post subject: Reply with quote

wr6133 wrote:
Edit - ^Ninja'd by someone that could be bothered looking

I was under the impression that a full cat B (car) + CBT = Full moped (cat p?)hence no L plates, no need to renew CBT (for 50cc) and carry pillion. I could be wrong though on the pillion bit if I'm honest I can't be bothered to look in to it the OP can access google.


You're correct. Full car license + CBT = 50cc moped, no L plates and can carry pillion.
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pinkyfloyd
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PostPosted: 07:54 - 11 Jan 2015    Post subject: Reply with quote

Chances are you'll get the standard 3 points and £60 fine. You'll be able to contest most of what they will try and pin on you (No L plates and pillion on a moped) as they always assume a ped is L plated. But the lack of helmet you are dead to rights on so that is probably all they will be able to pin on you.
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Snowdonia Rider
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PostPosted: 08:07 - 11 Jan 2015    Post subject: Reply with quote

Can't your parents pay £10 a day to keep you in storage?
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Rogerborg
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PostPosted: 08:46 - 11 Jan 2015    Post subject: Reply with quote

pinkyfloyd wrote:
But the lack of helmet you are dead to rights on

What offence is the rider committing?

I'd be wondering why the ped was seized. They can do it if you don't produce license or evidence of insurance on the spot, but since the issue could (presumably) be resolved by taking the pillion off the back it looks like a pedboi punishment.

We need more data: do you have a car license? Was the ped showing L plates front and rear? What does your certificate of insurance and your contract say (or not say) about carrying pillion passengers? What questions were asked? What forms were filled out?

Insufficient data for a meaningful answer. You could go to a specialist motoring solicitor, but the first thing they'll do is to ask you all of the above, they can't just wave a magic wand and make it go away.
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Snowdonia Rider
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PostPosted: 08:50 - 11 Jan 2015    Post subject: Reply with quote

Maybe it's not a first offence and that's why it's being seized?
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Matt B
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PostPosted: 09:09 - 11 Jan 2015    Post subject: Reply with quote

Rogerborg wrote:
What offence is the rider committing?


I'm with Roger on this RE the helmet.

From the 1988 RTA:
"...A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years."

Unless I am reading it wrong that makes the pillion liable, not the rider.
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jeddy11
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PostPosted: 09:31 - 11 Jan 2015    Post subject: Reply with quote

As already asked why was the bike seized ? that's usually a no insurance jobby ??

Does driving otherwise in accordance to licence apply here ? still shouldn't have bike seized.

not enough information here so i call untrue story ..
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MattEMulsion
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PostPosted: 10:17 - 11 Jan 2015    Post subject: Reply with quote

I'm going for driving otherwise than in accordance with a licence and yes it can be seized for that offence under Section 165 of the Road Traffic Act.
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The Tot
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PostPosted: 11:17 - 11 Jan 2015    Post subject: Reply with quote

A good 10 years ago, I got pulled by having my dad on the back. Now my dad was a full moped licence holder by virtue of passing his car test donkeys years ago, but I only had a CBT. Would have been fine if my dad was piloting and I was riding shotgun.

Either way, I only got away with a repremand for "driving without accordance to my licence!" - no points!

So if said passenger was your dad, wearing a lid, and both of you were insured, that's the least you could get away with.

Dad explained to the copper that I was only doing the decent thing and picking my dad up from a night broadcasting shift from the BBC, and that the L plates were for me.

Other mates who did similar things got 3 points and £60 for the offence.
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