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Caught with no restrictors

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NathanY94
L Plate Warrior



Joined: 08 Jun 2016
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PostPosted: 19:44 - 08 Jun 2016    Post subject: Caught with no restrictors Reply with quote

Hi guys,

I was pulled by a police officer for going a bit too fast... While in the process of him questioning me he noticed i was on the A2 licence and asked if my bike was restricted, i replied Yes but i have no paperwork.
After a long roasting from the officer he impounded my bike for driving inacordance to my licence and invalid insurance because he didn't believe me that the bike had restrictors in it. I have now been summoned to court and am being charged for driving inacordance to my licence and invalid insurance.

Is there anything i can do? I don't believe the bike was dyno'd whilst it was impounded as i collected it 3 days later.

This is my first dealing with the law really other than a speeding offence so i am clueless as to what i may actually end up with in terms of being banned or revoked if i do end up being charged. Any help would be appreciated.

Thanks!
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Pete.
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PostPosted: 20:02 - 08 Jun 2016    Post subject: Reply with quote

Should have just said "Yes it is" and nothing more. If he demanded a cert you should have said that you would produce it at the station. Bit late now.

They DO sometimes dyno them to check, whether they did yours or not is something you won't find out until you get to court. If the cop was lazy or mistakenly thought that you need a certificate for proof he might rely on that fact alone.

You have the bike back now, I would get it to a dyno and prove it's restricted. Bring the dyno sheet to the court and go not guilty. Get it done before you put ANY miles on the clock and have the dyno guy record the mileage. Hope the cops didn't do that. Even if he did you might still cast enough doubt to get a 'not proved'.
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Ichy
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PostPosted: 20:04 - 08 Jun 2016    Post subject: Reply with quote

You knowingly broke the law and got caught out, that's the risk you take. Man up and take it on the chin.

Ban plus a big fine, anything else is a bonus. Insurance will not want to touch you with a barge pole once convicted.

One minute you mention being summoned the next you're not sure if you'll be charged. Which is it?
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NathanY94
L Plate Warrior



Joined: 08 Jun 2016
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PostPosted: 20:05 - 08 Jun 2016    Post subject: Reply with quote

Pete. wrote:
Should have just said "Yes it is" and nothing more. If he demanded a cert you should have said that you would produce it at the station. Bit late now.

They DO sometimes dyno them to check, whether they did yours or not is something you won't find out until you get to court. If the cop was lazy or mistakenly thought that you need a certificate for proof he might rely on that fact alone.

You have the bike back now, I would get it to a dyno and prove it's restricted. Bring the dyno sheet to the court and go not guilty. Get it done before you put ANY miles on the clock and have the dyno guy record the mileage. Hope the cops didn't do that. Even if he did you might still cast enough doubt to get a 'not proved'.


Sadly, i have sold the bike since it happened so i guess that leaves me in a bit of a bad position as there isn't any way of me proving whether or not the bike was or wasn't restricted :/

Thanks for your reply!
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Keir
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PostPosted: 20:06 - 08 Jun 2016    Post subject: Reply with quote

in 3 days there is no way that police had the bike dyno'd or examined. go to court, get all disclosure documents and plead not guilty.
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Ichy
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PostPosted: 20:07 - 08 Jun 2016    Post subject: Reply with quote

Pete. wrote:

You have the bike back now, I would get it to a dyno and prove it's restricted. Bring the dyno sheet to the court and go not guilty.


Purely out of interest but how would that work out if they have tested it? Would it be considered as tampering with evidence or something?
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Pjay
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PostPosted: 20:07 - 08 Jun 2016    Post subject: Reply with quote

As above, get it restricted and tested asap.
Take evidence to court and produce to the court.
Would be nice if the evidence could be doctored to have the date look like it was done some time ago.

BTW this has happened before and the police involved saw the forum chat.
Luckily for the person involved then, his bike was restricted.

Try not to be specific about info, just get it restricted and tested.

But in all fairness, you were caught bang to rights, that'll learn ya. Take him away.
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Pjay
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PostPosted: 20:09 - 08 Jun 2016    Post subject: Reply with quote

NathanY94 wrote:
Sadly, i have sold the bike


Hahaha

You're fucked.

I would just see what information they present at court, if they have dyno results you're done, if they don't they have no evidence.

Admit nothing.
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ScaredyCat
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PostPosted: 20:11 - 08 Jun 2016    Post subject: Reply with quote

<yourefucked.jpg>
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Ichy
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PostPosted: 20:11 - 08 Jun 2016    Post subject: Reply with quote

Pjay wrote:
if they have dyno results you're done, if they don't they have no evidence.

Admit nothing.


No dyno results required.
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NathanY94
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Joined: 08 Jun 2016
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PostPosted: 20:13 - 08 Jun 2016    Post subject: Reply with quote

I knew i was fucked, i just wanted to know if there was anything that could be done regarding their lack of evidence

Thanks for the helpful and not replies though. I just have to learn from my own stupidity Very Happy
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Ste
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PostPosted: 20:14 - 08 Jun 2016    Post subject: Reply with quote

What bike was it and what were they specifically wanting as proof of restriction?

Last edited by Ste on 20:14 - 08 Jun 2016; edited 1 time in total
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Pjay
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PostPosted: 20:14 - 08 Jun 2016    Post subject: Reply with quote

If they are charging you, they need some evidence.

A bikes new paper spec is not evidence of its current HP output.

That is arguable in court.


Last edited by Pjay on 20:15 - 08 Jun 2016; edited 1 time in total
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Pete.
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PostPosted: 20:14 - 08 Jun 2016    Post subject: Reply with quote

Keir wrote:
in 3 days there is no way that police had the bike dyno'd or examined. go to court, get all disclosure documents and plead not guilty.


They can, I have spoken to people who have had them turn up with a bike in the van. I've even heard of them approaching a dyno tuner to inquire on the potential gains from fitting a powercommander.

The one thing I would_not_do is turn up in court with a paddycert or any evidence less than 100% legit. If you pull a fake cert in court you could end up heading for the cells.
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132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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NathanY94
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PostPosted: 20:16 - 08 Jun 2016    Post subject: Reply with quote

Ste wrote:
What bike was it and what were they specifically wanting as proof of restriction?


Bandit 600 and he wanted some form of paper proof that it had been fitted
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Pjay
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PostPosted: 20:17 - 08 Jun 2016    Post subject: Reply with quote

https://i15.photobucket.com/albums/a376/ms51ves3/Tizrstrictd.jpg
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Ste
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PostPosted: 20:18 - 08 Jun 2016    Post subject: Reply with quote

So you asked for a piece of paper to write "I confirm that my blandit has restrictors fitted"?
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andyscooter
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PostPosted: 20:18 - 08 Jun 2016    Post subject: Reply with quote

Guessing now you have sold said bike you are more fucked then before

They may not be able to prove you were not restricted anymore then you can prove you are so your word against theirs
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Pete.
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PostPosted: 20:26 - 08 Jun 2016    Post subject: Reply with quote

NathanY94 wrote:
Ste wrote:
What bike was it and what were they specifically wanting as proof of restriction?


Bandit 600 and he wanted some form of paper proof that it had been fitted


Bandit 600 can only be restricted at the carbs, so if the cop is relying on just the lack of a certificate for evidence I would be very tempted to have my day in court on this. There's no requirement for a certificate and there's no provision for recording the retrospective restriction on the V5
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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Pete.
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PostPosted: 20:27 - 08 Jun 2016    Post subject: Reply with quote

andyscooter wrote:
Guessing now you have sold said bike you are more fucked then before

They may not be able to prove you were not restricted anymore then you can prove you are so your word against theirs


You don't technically have to prove you're innocent, but if you pull a valid dyno sheet out of your pocket it's pretty much a slam-dunk.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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cjttchris
Renault 5 Driver



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PostPosted: 20:41 - 08 Jun 2016    Post subject: Reply with quote

Pete. wrote:
Bandit 600 can only be restricted at the carbs, so if the cop is relying on just the lack of a certificate for evidence I would be very tempted to have my day in court on this. There's no requirement for a certificate and there's no provision for recording the retrospective restriction on the V5


Exactly this. There is no requirement to have a certificate. It helps you being able to prove them wrong however with the restriction they have to prove you wrong. It all depends on whether they DID or DIDN'T do the dyno test Confused
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The Artist
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PostPosted: 20:44 - 08 Jun 2016    Post subject: Reply with quote

Go to court.

Admit nothing.

If they have no proof that the bike is over 33bhp then refute the argument.

If they did dyno it, there isn't anything you can do.
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Commuter_Tim
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PostPosted: 20:55 - 08 Jun 2016    Post subject: Reply with quote

The Artist wrote:
Go to court.

Admit nothing.


To be fair, if he doesn't at least admit his name, it may be a short proceeding. Very Happy
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Dave70
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PostPosted: 21:14 - 08 Jun 2016    Post subject: Reply with quote

As above really.If they haven't tested it, I'd presume they have no evidence and you'll be okay, as long as you admit to nothing. If they have tested it, you're up sh!t creek without a paddle.

Hopefully, it's the former.

Good luck and keep us posted as to how you get on. Thumbs Up
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stevo as b4
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PostPosted: 21:31 - 08 Jun 2016    Post subject: Reply with quote

Thing is with all this get a valid dyno chart print out, what would the un disputed number on the sheet need to say?

33bhp at the rear wheel on a chain drive bike could be say circa 15% more at the crank, and a dyno reading from the gearbox output shaft would give a different number again.
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