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What's the damage

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chrismeister
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PostPosted: 14:23 - 08 Aug 2011    Post subject: What's the damage Reply with quote

For getting pulled with a Stubby can?....

Just a fine or should I expect points if they take a good look at it? It's very loud Twisted Evil
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chris-red
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PostPosted: 14:26 - 08 Aug 2011    Post subject: Reply with quote

I don;t think you can get points, probably just a rectification notice and maybe a fine.
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chrismeister
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PostPosted: 14:28 - 08 Aug 2011    Post subject: Reply with quote

Lovely, I'll pull the clutch in and hope for the best in that case!
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Rogerborg
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PostPosted: 14:59 - 08 Aug 2011    Post subject: Reply with quote

If you get pulled, say "I decline the road side test and choose to exercise my right to postpone the test until a more convenient time" and watch their bald heads go red as their brains overheat.
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DrDonnyBrago
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Joined: 03 Jan 2010
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PostPosted: 15:16 - 08 Aug 2011    Post subject: Reply with quote

Rogerborg wrote:
If you get pulled, say "I decline the road side test and choose to exercise my right to postpone the test until a more convenient time" and watch their bald heads go red as their brains overheat.



I'm not trolling, genuinely interested - where does it say we can do that?
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Livefast123
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Joined: 14 Mar 2010
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PostPosted: 16:14 - 08 Aug 2011    Post subject: Reply with quote

If a police officer wants to test your vehicle you can defer the roadside test.......problem is with that is if the officer believes that the defect will cause danger to any person / vehicle then they can refuse to defer the test. Not quite sure how an exhaust would cause danger......well apart from to peoples eardrums......loophole closed.

Better just to not be a smart arse and then get away with a verbal warning.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 16:30 - 08 Aug 2011    Post subject: Reply with quote

Hi

Probably a rectification notice. Possibly a fixed penalty. If they are feeling nasty then they will summons you for the same offence to maximise the fine and costs they can charge, plus add the victims surcharge (so potentially a several hundred pound fine).

If it is that noisy then they could be sneaky and use a section 59 (asbo), so the next time they see you they can confiscate the bike until you pay up to get it back.

All the best

Keith
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chrismeister
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PostPosted: 07:57 - 11 Aug 2011    Post subject: Reply with quote

Ouch....

I think I'll just be smart and let them decide what they want to do.

Being an arse is just going to wind them up.
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Nick 50
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Joined: 24 Jul 2011
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PostPosted: 08:51 - 11 Aug 2011    Post subject: Reply with quote

DonnyBrago wrote:



I'm not trolling, genuinely interested - where does it say we can do that?


Section 67 Paragraph 6 of the Road Traffic Act 1998

Section 67 is the legislation about testing vehicles by the road and is entitled:

67 Testing of condition of vehicles on roads.

Paragraph 6 sates:

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.

But............

7 & and 8 also state:

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.

Link:
https://www.legislation.gov.uk/ukpga/1988/52/part/II/crossheading/testing-vehicles-on-roads

Schedule 2 of the Road Traffic Act 1998 details your rights when deferring a test:

Schedule 2:
https://www.legislation.gov.uk/ukpga/1988/52/schedule/2

As usual for Statutes, it's clear as mud Neutral
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Acemastr
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PostPosted: 09:41 - 11 Aug 2011    Post subject: Reply with quote

It would have to be REALLY loud for them to pull you... I have no baffle and it reverberates like a bastard at 3k rpm through town and they don't bother looking twice.
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 09:52 - 11 Aug 2011    Post subject: Reply with quote

Acemastr wrote:
It would have to be REALLY loud for them to pull you... I have no baffle and it reverberates like a bastard at 3k rpm through town and they don't bother looking twice.


+1, they seem to be very relaxed about noise round here. I rode with the equivalent of no exhaust for about 3 weeks Laughing
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Bezzer
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PostPosted: 10:03 - 11 Aug 2011    Post subject: Reply with quote

The roadside tests/deferring part only comes into effect if they want to have the vehicle examined to find faults/offences, if there is an obvious fault or they pull you for something particular there's no need to use it you just get done for it.
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Old Thread Alert!

The last post was made 14 years, 162 days ago. Instead of replying here, would creating a new thread be more useful?
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