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Rectification notice.

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zx636
Scooby Slapper



Joined: 28 Jul 2004
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PostPosted: 15:00 - 13 Sep 2005    Post subject: Rectification notice. Reply with quote
Hows this for a bummer. Got a call from my brother last night, he got stopped on his way home from work about 100yds from his house.
As he wasnt speeding or doing anything naughty he wondered why the pull.

Basically it was because of his can. The ""officer"" advised that the can was overly loud and after checking said it did not have an e-mark or anything so he issued him with a rectification thing.
My brother did try to explain the guidelines re cans but to no avail so took the name and station of the officer who he said was not to happy that he did this.
Anyway, like a good citizen he took it to his local bike / mot shop who basically said BOLLOCKS. Its legal, no problem and stamped the form.

So rather than post it he took the completed form to the police station. Luckily the officer was there and not too happy about the MOT testers opinion and said he wanted it checked by another police officer.

To cut a long story short, both officers finally agreed to accept the examiners decision and my brother insisted they noted he had attended the police station.

This really pissed them off and decided to give him another rectification notice because his correctly sized (ish) number plate did not have the name or postcode of the company that made it.

Talk about bloody petty. Now my brother is no angel where his bike is concerned but its no wonder people get really pissed with the police.
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McGee
O RLY?



Joined: 24 Jun 2005
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PostPosted: 15:02 - 13 Sep 2005    Post subject: Reply with quote
Ass holes kinda somes it up eh?
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 15:04 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
Worth a letter to a chief police person I reckon.
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Annabella
Like a person, only smaller



Joined: 03 Feb 2002
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PostPosted: 15:16 - 13 Sep 2005    Post subject: Reply with quote
Just shows how arguing with the police is more trouble than it is worth... Hardly fair though. They clearly have your brother marked and are reminding him that he is being watched.
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Mrs Kickstart
Brolly Dolly



Joined: 06 Apr 2004
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PostPosted: 15:27 - 13 Sep 2005    Post subject: Reply with quote
It only needs the name and phone number if it was made after a certain time
when the new regs were brought in, I can not remeber when though
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zx636
Scooby Slapper



Joined: 28 Jul 2004
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PostPosted: 15:38 - 13 Sep 2005    Post subject: Reply with quote
Mrs Kickstart wrote:
It only needs the name and phone number if it was made after a certain time
when the new regs were brought in, I can not remeber when though


Apparently any after 2001

Quote:
Just shows how arguing with the police is more trouble than it is worth... Hardly fair though. They clearly have your brother marked and are reminding him that he is being watched.


I think if you are caught bang to rights then yes, why bother to argue. however, In cases like this what do you do? give in and accept things even if you know its wrong.
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R6jonny
Nearly there...



Joined: 28 Jan 2005
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PostPosted: 18:52 - 13 Sep 2005    Post subject: Reply with quote
weeelll actually your brother is wrong ....


The con and use regs state that an exhaust system cannot be modified to produce more noise , power whatever ...unless it has the relevant BS/E markings so police are well within the rules to issue a rectifiction notice (VDRS)

However the MoT bloke is also sorta right..... the new MoT rules state that to be roadworthy it has to be "reasonable" which is not a defined thing....(and not have "not for road use" or anything similar on it )


so..... a race can with no E/ BS mark can pass an MoT and be roadworthy if it is not overly loud...

but without these marks it still falls foul of the Road Traffic Con and Use regs .....


Is an example of weird legislation but hey ho ....

dont think im being a cunt cos i have a race can with no markings either Very Happy

just the way it is

as for the number plate thing ....well its a bit cuntish aint it ??

HTH

Jonny
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"simply because she is a female and is thus her actions largely make no sense whatsoever by default"
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R6jonny
Nearly there...



Joined: 28 Jan 2005
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PostPosted: 18:57 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
zx636 wrote:


This really pissed them off and decided to give him another rectification notice because his correctly sized (ish) number plate did not have the name or postcode of the company that made it.

.



so by that (ish) i take it it aint a legal size plate?? Confused


if your going to complain to police about police at least make sure you go there legal : ?


basically your moaning cos he got 2 tickets for 2 violations Confused
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"simply because she is a female and is thus her actions largely make no sense whatsoever by default"
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Johnny GSX-R
World Chat Champion



Joined: 14 Feb 2005
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PostPosted: 19:08 - 13 Sep 2005    Post subject: Reply with quote
R6Johnny you dead right on the legislation..

I got stopped for a dodgy plate in Yorkshire, i only had to have the spacing corrected and nothing was said about dealer No's / names etc.

The cops were arsey on this occasion however we don't know how your brother spoke to them!!! we only have one side of the argument and i'm not gonna make judgement upon that. Neutral Karma
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SoND
World Chat Champion



Joined: 10 Jul 2005
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PostPosted: 19:11 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
zx636 wrote:


This really pissed them off and decided to give him another rectification notice because his correctly sized (ish) number plate did not have the name or postcode of the company that made it.


Number plates are not meant to have anything on them at all besides the registration. The rest are meant to be illegal.
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R6jonny
Nearly there...



Joined: 28 Jan 2005
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PostPosted: 19:20 - 13 Sep 2005    Post subject: Reply with quote
Johnny 'XX' wrote:
R6Johnny you dead right on the legislation..

I got stopped for a dodgy plate in Yorkshire, i only had to have the spacing corrected and nothing was said about dealer No's / names etc.

The cops were arsey on this occasion however we don't know how your brother spoke to them!!! we only have one side of the argument and i'm not gonna make judgement upon that. Neutral Karma


cheers geeza ...... only reason i know this part of RTA so well is cos i looked it up when i got a VDRS from kent TrafPol Smile

learnt it inside out n back to front to find a way out Confused

sOND or whatever Confused the plate also has to have the suppliers details on it in case it needs to be traced

correct me if im wrong but i think you are talking about slogans on plates which are illegal :

HTH

Jonny
____________________
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"simply because she is a female and is thus her actions largely make no sense whatsoever by default"
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The Old Geeza
Back in my day...



Joined: 25 May 2005
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PostPosted: 19:34 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
SoND wrote:
Number plates are not meant to have anything on them at all besides the registration. The rest are meant to be illegal.


Question

BS AU 145d ?

Not arguing, just pointing out a requirement Thumbs Up

(We make number plates by the dozen where I work)



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zx636
Scooby Slapper



Joined: 28 Jul 2004
Karma :
PostPosted: 19:48 - 13 Sep 2005    Post subject: Reply with quote
R6jonny wrote:
weeelll actually your brother is wrong ....


The con and use regs state that an exhaust system cannot be modified to produce more noise , power whatever ...unless it has the relevant BS/E markings so police are well within the rules to issue a rectifiction notice (VDRS)

However the MoT bloke is also sorta right..... the new MoT rules state that to be roadworthy it has to be "reasonable" which is not a defined thing....(and not have "not for road use" or anything similar on it )


so..... a race can with no E/ BS mark can pass an MoT and be roadworthy if it is not overly loud...

but without these marks it still falls foul of the Road Traffic Con and Use regs .....


Is an example of weird legislation but hey ho ....

dont think im being a cunt cos i have a race can with no markings either Very Happy

just the way it is

as for the number plate thing ....well its a bit cuntish aint it ??

HTH

Jonny


Well actually I did not say anywhere that it was a race can. It is fact an early Carbon Can Co can which is sold, as per the receipt, ROAD LEGAL. However, Carbon Can Co did not feel the need for some reason to stamp with either an E mark. Is it louder than the std can, Yes i think so but would have thought your local bobby would have nothing to compare it to.

As for the Plate, It is as was put on the bike from new but trimmed down by about half inch at the sides and bottom.

Unlike me, my brother is a very calm person and like me is pissed because of the way in which the second seems to have been given because the 1st did NOT stand up.
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Silver
World Chat Champion



Joined: 03 Oct 2004
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PostPosted: 20:34 - 13 Sep 2005    Post subject: Reply with quote
To be fair, the police are normal people. If you try and make them look like twats then don't be surprised when they pull you up on something; it human nature! If I was your brother I'd be a bit worried - what if one of these guys pulls him over for a perfectly "legit" reason (eg. speeding)? He could go out of his way to make sure he's hammered for it.
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sickpup
Old Timer



Joined: 21 Apr 2004
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PostPosted: 20:41 - 13 Sep 2005    Post subject: Reply with quote
R6jonny wrote:

The con and use regs state that an exhaust system cannot be modified to produce more noise , power whatever ...unless it has the relevant BS/E markings so police are well within the rules to issue a rectifiction notice (VDRS)


Or is an original manufacturers exhaust meant for that model. This is how Grey import 400's among others pass.

Or has an internationally accepted mark but god knows what these are.

BS AU 193 used to be (not sure if still is) self certified and not requiring a sound meter I believe so you used to be able to get away with most things
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R6jonny
Nearly there...



Joined: 28 Jan 2005
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PostPosted: 22:08 - 13 Sep 2005    Post subject: Reply with quote
zx636 wrote:


Carbon Can Co can which is sold, as per the receipt, ROAD LEGAL. However, Carbon Can Co did not feel the need for some reason to stamp with either an E mark. Is it louder than the std can, Yes i think so but would have thought your local bobby would have nothing to compare it to.

As for the Plate, It is as was put on the bike from new but trimmed down by about half inch at the sides and bottom.

Unlike me, my brother is a very calm person and like me is pissed because of the way in which the second seems to have been given because the 1st did NOT stand up.




so what your saying regardless of whether it is defined as a " race can " is that it has not got an E mark .... ?? so therefore illegal in respect of con and use ? regardless of whether the "local bobby " as you so quaintly put it , knows the difference in sound Confused

as for the plate , trimmed down by half an inch ....or so Wink .... therefore smaller than standard diameters ? Very Happy


HTH

Jonny
____________________
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"simply because she is a female and is thus her actions largely make no sense whatsoever by default"
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SoND
World Chat Champion



Joined: 10 Jul 2005
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PostPosted: 22:11 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
The Old Geeza wrote:
SoND wrote:
Number plates are not meant to have anything on them at all besides the registration. The rest are meant to be illegal.


Question

BS AU 145d ?

Not arguing, just pointing out a requirement Thumbs Up

(We make number plates by the dozen where I work)




Well I was told that you werent allowed anything else on the front side of it.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 22:12 - 13 Sep 2005    Post subject: Reply with quote
As far as I am aware it is not YOUR responsability to have the makers name and postcode on the numberplate. This is a legal requirement of the people who MAKE the plates. In theory they are commiting an offence by making a numberplate without their details on it, not you for displaying it. (although 1/2" off each edge of the plate is quite a bit smaller than what is legal).

It would be interesting to know if the copper was a qualified vehicle inspector and if not what he was doing inspecting your vehicle.

May I draw your attention to schedule 2 of the road traffic act:
Quote:
(6) On the examiner proceeding to test a vehicle under this section, the driver may, unless the test is required under subsection (7) or (8) below to be carried out forthwith, elect that the test shall be deferred to a time, and carried out at a place, fixed in accordance with Schedule 2 to this Act, and the provisions of that Schedule shall apply accordingly.

(7) Where it appears to a constable that, by reason of an accident having occurred owing to the presence of the vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

(8) Where in the opinion of a constable the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.


schedule 2

I am pretty sure this is still in force, just the police don't like it one little bit and hate it when people know about it!

What MAG say about it
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McJamweasel
BCF Junkie



Joined: 22 Mar 2002
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PostPosted: 22:17 - 13 Sep 2005    Post subject: Reply with quote
Quote:
(8) Where in the opinion of a constable the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.


Does that not give them a get out though? All they have to say is that they think your bike is dangerous etc. and they can examine it when and where they please.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :
PostPosted: 22:20 - 13 Sep 2005    Post subject: Reply with quote
McJamweasel wrote:

Does that not give them a get out though? All they have to say is that they think your bike is dangerous etc. and they can examine it when and where they please.


There has top be something obvious that they can see (such as bald tyres, wheel hanging off etc. There is no way a loud exhaust could be construed as dangerous. See the MAG link.
____________________
“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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The Old Geeza
Back in my day...



Joined: 25 May 2005
Karma :
PostPosted: 22:23 - 13 Sep 2005    Post subject: Re: Rectification notice. Reply with quote
SoND wrote:
Well I was told that you werent allowed anything else on the front side of it.


Like everything else in life, what you're told and what is law are two completely different things.

The BS mark is only a small thing, but 'legally' required. Just take a close look at a car or bike rear number plate. At the bottom right hand side you'll see this mark on every single one which has been produced 100% legally (it doesn't mean that it cannot be removed before final production though).

For what's it's worth, the Number Plate producer ID and Postcode is now also a legal requirement on the bottom of the plate. But, again, there's nothing to say it cannot be removed. It's a complex situation, and to produce a number plate for anyone, we are required by law to obtain a photocopy of their original and current V5 registration document for the vehicle the number plate is required for.

Just a bit of insight into the requirements of reg plates.

All the best.



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sickpup
Old Timer



Joined: 21 Apr 2004
Karma :
PostPosted: 23:41 - 13 Sep 2005    Post subject: Reply with quote
R6jonny wrote:



so what your saying regardless of whether it is defined as a " race can " is that it has not got an E mark .... ?? so therefore illegal in respect of con and use ? regardless of whether the "local bobby " as you so quaintly put it , knows the difference in sound Confused

Jonny


Not quite right but pretty much.

clicky clicky a guide for Police officers and laymen

I believe the biggest problem here is that the law is different depending on the year.

Of interest is that my 750RK has an OE race can and as the vehicle was never homolagated for use in this country yet passed SVA it's by default legal.

I must admit I don't really use race cans, they attract to much attention. The Police tend to leave you alone if you have a legal pipe
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