Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


Ticket Error

Reply to topic
Bike Chat Forums Index -> Biking News & Rumours Goto page 1, 2  Next
View previous topic : View next topic  
Author Message

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 11:48 - 08 Nov 2012    Post subject: Ticket Error Reply with quote

Got a roadside fixed penalty this morning for overtaking normal huge queue of traffic going into my place of work town, done it a million times but this morning the nice man pulled me over and gave me the ticket and 'produce your licence' instruction.

I think I'm just going to pay up and eat the 3 points because my photo licence is 3 years out of date.

My questions are:

1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?

2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?

If I elect to go to court rather than pay up the fine do I run the risk of copping a £1,000 fine for an out of date licence?

Bare in mind that I did my CBT, Mod 1 & Mod 2 with the same licence but the DoT didn't pick it up or raise any issue.

Can of worms?
 Back to top
View user's profile Send private message You must be logged in to rate posts

yaigi
World Chat Champion



Joined: 28 Jul 2012
Karma :

PostPosted: 11:52 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:


1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?

2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?



1. Yes. I'd be worried that when you do produce your licence it won't show the bike class and they'll try and do you for that.

2. I don't know, but you might have a big enough problem on your plate with point 1 so best not ruffle any feathers eh.
____________________
What would you do in life, if you knew you could not fail?
Currently own - Fazer 600, 2000, Red. (But no riding as baby on board atm)
 Back to top
View user's profile Send private message You must be logged in to rate posts

Andy_Pagin
World Chat Champion



Joined: 08 Nov 2010
Karma :

PostPosted: 12:06 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:
2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?


Yes, you're in cloud cuckoo land.
____________________
They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

map
Mr Calendar



Joined: 14 Jun 2004
Karma :

PostPosted: 12:25 - 08 Nov 2012    Post subject: Reply with quote

Out of interest what was the offence code?

Plus you could always ask on Pepipoo.
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? Very Happy
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 12:47 - 08 Nov 2012    Post subject: Reply with quote

Aye, not ruffling feathers does seem the best approach here.

"Overtaking Double Solid White Lines" and the code looks like 1209 or T209
 Back to top
View user's profile Send private message You must be logged in to rate posts

stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :

PostPosted: 13:09 - 08 Nov 2012    Post subject: Reply with quote

bikerboy777 wrote:
Aye, not ruffling feathers does seem the best approach here.

"Overtaking Double Solid White Lines" and the code looks like 1209 or T209


Aye. You're pretty much bang to rights on that one UNLESS the traffic was totally stationary or you didn't do it (in which case I'd be inclined to make them prove it).

If you did it and they saw you do it, I'd pay up with as little fuss as possible.

Quote:

1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?


Didn't you get a full licence sent out after you passed your test? Shocked

Do something about this now. The examiner should have told the DVLA when you passed and you should have received your full licence within a month automatically.

You need to contact the DVLA as a matter of urgency. If two years elapse without "claiming your pass", you have to do your test again.
https://www.gov.uk/claiming-driving-test-pass

EDIT: There is a statuatory defence for failing to produce your licence if you do it "as soon as is reasonably practicable" (Road Traffic Act 1988, section 164, paragraph 8 (b)). Most coppers do not realise this and report you if you fail to produce within seven days.

If it was me, I'd send off my licence to the DVLA NOW and go down to the police station with the rest of your documents. Explain to them that your licence is currently with the DVLA and you'll bring it in as soon as it comes back. If they get all uppity and tell you if it's not back within seven days they're going to do you for it, don't worry, the above defence (RTA, section 164, para 8) is part of statuatory law. There is no way they could successfully prosecute you for failing to produce as long as you bring it in as soon as is reasonably practicable.
____________________
“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.


Last edited by stinkwheel on 13:20 - 08 Nov 2012; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 13:13 - 08 Nov 2012    Post subject: Reply with quote

Looks like the 3 points and £60 are the least of my worries. No, I didn't receive a new full licence after passing my bike test but that was only 1 year or so ago so I can address that I guess.

Didn't have a clue you had to 'claim your pass'. I got the pass certificate and thought that was valid enough.

Best I get some forms filled in!

Thanks for the info.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 13:36 - 08 Nov 2012    Post subject: Reply with quote

bikerboy777 wrote:
"Overtaking Double Solid White Lines"

Fair cop then.

To accept the FPN, you'll have to send your license away now anyway though. Cross your fingers.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 13:47 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:
Got a roadside fixed penalty this morning for overtaking normal huge queue of traffic going into my place of work town, done it a million times but this morning the nice man pulled me over and gave me the ticket and 'produce your licence' instruction.

I think I'm just going to pay up and eat the 3 points because my photo licence is 3 years out of date.

My questions are:

1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?

2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?

If I elect to go to court rather than pay up the fine do I run the risk of copping a £1,000 fine for an out of date licence?

Bare in mind that I did my CBT, Mod 1 & Mod 2 with the same licence but the DoT didn't pick it up or raise any issue.

Can of worms?

____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 13:49 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:
Got a roadside fixed penalty this morning for overtaking normal huge queue of traffic going into my place of work town, done it a million times but this morning the nice man pulled me over and gave me the ticket and 'produce your licence' instruction.

I think I'm just going to pay up and eat the 3 points because my photo licence is 3 years out of date.

My questions are:

1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?

2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?

If I elect to go to court rather than pay up the fine do I run the risk of copping a £1,000 fine for an out of date licence?

Bare in mind that I did my CBT, Mod 1 & Mod 2 with the same licence but the DoT didn't pick it up or raise any issue.

Can of worms?

Have you got a link to Google streetview where the double white line is? Might be something wrong with it technically, worth a look if half your licence is at stake with three points (unless you already had a full licence for more than two years on another category).
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 13:56 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

Can of worms?[/quote]
Have you got a link to Google streetview where the double white line is? Might be something wrong with it technically, worth a look if half your licence is at stake with three points (unless you already had a full licence for more than two years on another category).[/quote]



https://maps.google.co.uk/maps?q=dredgeman%27s+hill&aq=f&sugexp=chrome,mod%3D0&um=1&ie=UTF-8&hl=en&sa=N&tab=wl

He was stood just where the red car is further down but says he'd been observing me coming down what is a large hill.

Sending off licence to DVLA today to get it renewed (3 years out of date). The adviser I spoke to said the Police CAN fine me and may well do, but send off my licence because they have an outstanding test notification for my bike test on file where apparently the examiner was supposed to send off my pass certificate after my test so a new licence could be issued but DIDN'T. All news to me but they said to apply for an extension to the 7 days so I can present my shiny new licence Smile
 Back to top
View user's profile Send private message You must be logged in to rate posts

yaigi
World Chat Champion



Joined: 28 Jul 2012
Karma :

PostPosted: 14:17 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:
Can of worms?
Have you got a link to Google streetview where the double white line is? Might be something wrong with it technically, worth a look if half your licence is at stake with three points (unless you already had a full licence for more than two years on another category).


https://maps.google.co.uk/maps?q=dredgeman%27s+hill&aq=f&sugexp=chrome,mod%3D0&um=1&ie=UTF-8&hl=en&sa=N&tab=wl

He was stood just where the red car is further down but says he'd been observing me coming down what is a large hill.

Sending off licence to DVLA today to get it renewed (3 years out of date). The adviser I spoke to said the Police CAN fine me and may well do, but send off my licence because they have an outstanding test notification for my bike test on file where apparently the examiner was supposed to send off my pass certificate after my test so a new licence could be issued but DIDN'T. All news to me but they said to apply for an extension to the 7 days so I can present my shiny new licence Smile


The examiners usually ask if you want them to send off your licence, or if you want to do it. Did you opt to do it and then forget?! Mine sent mine off and I got my licence back within 5 days
____________________
What would you do in life, if you knew you could not fail?
Currently own - Fazer 600, 2000, Red. (But no riding as baby on board atm)
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 14:20 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

yaigi wrote:
bikerboy777 wrote:
Can of worms?
Have you got a link to Google streetview where the double white line is? Might be something wrong with it technically, worth a look if half your licence is at stake with three points (unless you already had a full licence for more than two years on another category).


https://maps.google.co.uk/maps?q=dredgeman%27s+hill&aq=f&sugexp=chrome,mod%3D0&um=1&ie=UTF-8&hl=en&sa=N&tab=wl

He was stood just where the red car is further down but says he'd been observing me coming down what is a large hill.

Sending off licence to DVLA today to get it renewed (3 years out of date). The adviser I spoke to said the Police CAN fine me and may well do, but send off my licence because they have an outstanding test notification for my bike test on file where apparently the examiner was supposed to send off my pass certificate after my test so a new licence could be issued but DIDN'T. All news to me but they said to apply for an extension to the 7 days so I can present my shiny new licence Smile


The examiners usually ask if you want them to send off your licence, or if you want to do it. Did you opt to do it and then forget?! Mine sent mine off and I got my licence back within 5 days



No, he just passed me the paperwork and congratulated me. This is an anonymous forum I've no need to lie. Just naivety I guess, live and learn.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 14:24 - 08 Nov 2012    Post subject: Reply with quote

OK, the technicality is that "if it is safe to do so and if necessary to do so" then you can travel on the RHS of the solid line "in order to pass a stationary vehicle" (Traffic Signs Regulations and General Directions 2002 s26 6 b)

The bolded words are key. Desire is not necessity, and stationary is not necessarily the same as stopped in traffic. PePiPoo or specialist motoring solicitor, although it's a big stretch to imagine you'd sneak that past some Jaaaaag driving Magistrates.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike


Last edited by Rogerborg on 17:09 - 08 Nov 2012; edited 1 time in total
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 14:42 - 08 Nov 2012    Post subject: Reply with quote

Had 10 points on my licence until about 6-7 years ago, did a lot of motorway driving but been points free since about 2005. I'll take the £60 and the 3 points although I only take the bike to avoid the bloody queues on this notorious road so I'll probably use the back road into town now and hope there's no donut eating cops around with their speed guns early in the morn on that road.

My priority now is to get an extension to the 7 days by telling the local station that I have sent off my licence to get it renewed (3 years out of date but the copy this morning didn't pick that up thank god and I won't be telling the local station that) and to get my bike validation put on it. Had a 125 for first year, passed Mod 1 & 2 about a year ago so once my licence is in order, with the 3 points I'll go on from there nice and clean with crossed fingers Wink
 Back to top
View user's profile Send private message You must be logged in to rate posts

Matt B
World Chat Champion



Joined: 01 May 2012
Karma :

PostPosted: 15:33 - 08 Nov 2012    Post subject: Reply with quote

"Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less."
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26

If you want to get technical about the wording - did you actually cross or stradle the line, or did you squeeze down inside it?
____________________
stinkwheel: He had an animated .gif of a cat performing fellatio. It's not socially acceptable. It can have real life adverse effects on other people.
 Back to top
View user's profile Send private message You must be logged in to rate posts

map
Mr Calendar



Joined: 14 Jun 2004
Karma :

PostPosted: 15:35 - 08 Nov 2012    Post subject: Re: Ticket Error Reply with quote

bikerboy777 wrote:
...
https://maps.google.co.uk/maps?q=dredgeman%27s+hill&aq=f&sugexp=chrome,mod%3D0&um=1&ie=UTF-8&hl=en&sa=N&tab=wl

He was stood just where the red car is further down but says he'd been observing me coming down what is a large hill....

Confused your link doesn't show anything. Tries to find Bridgemans Confused

There is this Google Map for Dredgeman Hill Haverfordwest Pembrokeshire with a red car. Can't see solid lines though on that section. Please can you clarify? Thanks.
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? Very Happy
 Back to top
View user's profile Send private message Send e-mail Visit poster's website You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 15:42 - 08 Nov 2012    Post subject: Reply with quote

Can you give an exact location. If it is the welshy one found by Map then what you are being done for doesn't make sense.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

yaigi
World Chat Champion



Joined: 28 Jul 2012
Karma :

PostPosted: 16:29 - 08 Nov 2012    Post subject: Reply with quote

I hope you get it sorted, lets just cross our fingers that the DVLA don't cock it up cos this sounds far too complicated for them (and yes, I know it's ACTUALLY not complicated at all but from what I've read on here they manage to fuck em even the simplest of tasks!)
____________________
What would you do in life, if you knew you could not fail?
Currently own - Fazer 600, 2000, Red. (But no riding as baby on board atm)
 Back to top
View user's profile Send private message You must be logged in to rate posts

J.M.
World Chat Champion



Joined: 27 Mar 2011
Karma :

PostPosted: 17:47 - 08 Nov 2012    Post subject: Reply with quote

Rogerborg wrote:
OK, the technicality is that "if it is safe to do so and if necessary to do so" then you can travel on the RHS of the solid line "in order to pass a stationary vehicle" (Traffic Signs Regulations and General Directions 2002 s26 6 b)


In a thread a fair while ago T.C gave the impression that a car, not moving, if it was queuing in traffic would not count as a stationary vehicle.

Whilst in my mind if it's not moving then it is stationary, if T.C said it then it's probably worth believing Smile

Matt B wrote:
If you want to get technical about the wording - did you actually cross or stradle the line, or did you squeeze down inside it?


Also this.

It is not an offence to overtake where a solid white line is present. People commonly mistake this as meaning "do not overtake" when actually it means "do not cross or straddle". If you can overtake the vehicle safely without crossing the solid white line then you're safe. Smile
____________________
2004 R1 & 2018 XSR900
 Back to top
View user's profile Send private message You must be logged in to rate posts

Rogerborg
nimbA



Joined: 26 Oct 2010
Karma :

PostPosted: 19:47 - 08 Nov 2012    Post subject: Reply with quote

J.M. wrote:
In a thread a fair while ago T.C gave the impression that a car, not moving, if it was queuing in traffic would not count as a stationary vehicle.

That's my recollection and it would seem to be a reasonable interpretation of the intent of the prohibition.

Matt B wrote:
If you want to get technical about the wording - did you actually cross or stradle the line,

How do you 'straddle' a line with a single track vehicle? Very Happy

Anyway, I re-iterate that it was (most likely) a fair cop, and should probably be taken on the chin. Wink
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 20:29 - 08 Nov 2012    Post subject: Reply with quote

I was thinking more of the double white line system being non-compliant with the regs.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 23:10 - 08 Nov 2012    Post subject: Reply with quote

Matt B wrote:
"Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less."
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26

If you want to get technical about the wording - did you actually cross or stradle the line, or did you squeeze down inside it?


I crossed it for sure, but with hindsight and the absence of video/photographic evidence and just the single officer I might have been wise to deny it and take it to court but with the out of date licence this would have been foolish. I knew it was illegal, but it's one of those things. Dozens of bikes roll down that road past the stationery traffic every morning. That doesn't make it right of course but hell, I live in the real world. They're just on a fundraiser is my opinion.
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 23:13 - 08 Nov 2012    Post subject: Reply with quote

[quote=Anyway, I re-iterate that it was (most likely) a fair cop, and should probably be taken on the chin. Wink[/quote]


yeah, it just grates you know. the old cliche of 'haven't they got anything better to do with kids being raped by famous dj's...." etc etc blah blah.

seriously though, with all the cutbacks you'd think this was low priority stuff.
 Back to top
View user's profile Send private message You must be logged in to rate posts

bikerboy777
Derestricted Danger



Joined: 08 Nov 2012
Karma :

PostPosted: 23:28 - 08 Nov 2012    Post subject: Reply with quote

yen_powell wrote:
Can you give an exact location. If it is the welshy one found by Map then what you are being done for doesn't make sense.


https://maps.google.co.uk/maps?q=a4076&sugexp=chrome,mod%3D1&um=1&ie=UTF-8&hl=en&sa=N&tab=wl

Here's a pic. Arrow indicates my direction of travel. My lane was full of stationery cars, usual morning tailback. I crossed over the double white lines at about 5mph baring in mind the double white lines and tailback extended back a couple of hundred metres behind the point shown. Cop position marked by white X, standing in middle of the road on Chevrons looking like a right knobhead.
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 13 years, 155 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Biking News & Rumours All times are GMT + 1 Hour
Goto page 1, 2  Next
Page 1 of 2

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.10 Sec - Server Load: 0.95 - MySQL Queries: 14 - Page Size: 142.34 Kb