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| Just_James |
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 Just_James Could Be A Chat Bot

Joined: 29 Aug 2014 Karma :   
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 Posted: 20:15 - 22 Sep 2014 Post subject: Reason I've Not Had A Bike In A While |
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Several years ago I was looking at my photocard driving license and noticed it didn't show my motorbike entitlement.
Obviously DVLA had made an error so I sent my license and covering letter to them and got the reply attached......
.... ....
I contacted them by phone straight away and they basically said nothing they can / will do! They even told me the date and locations I passed my theory and practical tests but insisted it made no difference that I'd passed, they apparently have no record of me sending in my pass certificate and so their policy is that I have no option but to do every test again.... including CBT
I didn't send my certificate by recorded mail but it was certainly sent. Following that I didn't give it another thought, I was on the road on a motorbike and all was good with the world.
That dealing with the DVLA knocked me ill and obviously really left me bitter, there was no way I could bring myself to do the tests again and indeed PAY for it all again so I have been off the road since!
Just about at a point now where I'm coming round to the fact that I've been shafted and there's nothing I can do about it. I'm missing being out on bikes too much so just gonna have to get on with it. Still a very bitter pill to swallow though  |
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| DRZ4Hunned |
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 DRZ4Hunned World Chat Champion

Joined: 15 Apr 2014 Karma :  
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 Posted: 20:21 - 22 Sep 2014 Post subject: |
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That's pathetic on the DVLA's behalf, I've realised they're nothing but a money generating scheme as they make you take separate theory tests for car and motorcycle when they're almost exactly the same.  |
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| instigator |
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 instigator Super Spammer

Joined: 19 Oct 2004 Karma :   
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| Wonko The Sane |
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 Wonko The Sane World Chat Champion

Joined: 20 Jan 2013 Karma :   
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 Posted: 20:39 - 22 Sep 2014 Post subject: |
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I take it you've not got an old license that proves you had the entitlement or a scan sent to your insurers?
I've thankfully still got my certificates as I'm new enough to bikes for it to have just been done electronically at the test centre.
Hard pill to swallow, but a friendly training centre might be happy to take you out on your own bike to make sure no bad habits will stop you walking the tests ____________________ Looking to pass your CBT / Bike tests in Bury Lancashire? try www.focusridertraining.co.uk Would recommend.
They're also on Facebook https://www.facebook.com/pages/Focus-Rider-Training/196832923734251 |
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| Quornholio |
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 Quornholio World Chat Champion
Joined: 11 Jun 2011 Karma :     
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| grr666 |
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 grr666 Super Spammer

Joined: 16 Jun 2014 Karma :   
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 Posted: 21:00 - 22 Sep 2014 Post subject: |
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I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed. This way you retain your
Theory>CBT>Mod1>Mod2 certificates for future use if needed. Just in case of situations such as this.
It also saves you money on postage. ____________________ Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off.  |
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| Ballpien |
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 Ballpien Trackday Trickster
Joined: 13 Aug 2013 Karma :    
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| Wonko The Sane |
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 Wonko The Sane World Chat Champion

Joined: 20 Jan 2013 Karma :   
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| thomp1983 |
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 thomp1983 Crazy Courier

Joined: 05 Feb 2011 Karma :   
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| Wull |
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 Wull Crazy Courier
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| P. |
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 P. Red Rocket
Joined: 14 Feb 2008 Karma :   
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 Posted: 05:56 - 23 Sep 2014 Post subject: |
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Was A2 a thing is 2002  |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 07:38 - 23 Sep 2014 Post subject: |
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| grr666 wrote: | I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed. |
According to my examiner, they don't actually send it in, they just shred it.
| Paddy. wrote: | Was A2 a thing is 2002  |
No, they've always messed that up. They mean the old style "A2" test bike, aka "standard motorcycle", which they (and only they) defined as 121-125cc, up to 11kW and capable of at least 100kph. It's confusing now that there is an actual European A2 license class and a completely different European wide definition of a A2 bike, but they don't give a toss.
OP, I assume that you never had a license showing any "A" entitlement?
Oh, and never, ever, ever send your license to the DVLA. Just "lose" it. Don't give them a chance to do so. ____________________ 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 |
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| Just_James |
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 Just_James Could Be A Chat Bot

Joined: 29 Aug 2014 Karma :   
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 Posted: 08:41 - 23 Sep 2014 Post subject: |
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| Rogerborg wrote: | | grr666 wrote: | I know it's no help to the OP, but for anyone new passing their mod 2, it's a very good idea to get your
examiner to send your licence in for you at the point he/she tells you you have passed. |
According to my examiner, they don't actually send it in, they just shred it.
| Paddy. wrote: | Was A2 a thing is 2002  |
No, they've always messed that up. They mean the old style "A2" test bike, aka "standard motorcycle", which they (and only they) defined as 121-125cc, up to 11kW and capable of at least 100kph. It's confusing now that there is an actual European A2 license class and a completely different European wide definition of a A2 bike, but they don't give a toss.
OP, I assume that you never had a license showing any "A" entitlement?
Oh, and never, ever, ever send your license to the DVLA. Just "lose" it. Don't give them a chance to do so. |
Yep the A2 license back then let you ride any bike upto a certain power output but it automatically upgraded to full entitlement after 2 years so you could ride any size machine. I'd bought an XR250R as a project and it allowed me to ride that without it being restricted which was all I wanted at the time then as I say, after 2 years you could ride whatever you wanted.
I don't recall whether my license at any point showed the A entitlement, it wasn't something I looked out for but all I have now is my photocard license which obviously doesn't have it on
I think there was various correspondence with the DVLA but it's largely a hazy memory to be honest as once I realised there was nothing I could do I pretty much put a mental block on the whole thing as the frustration was overwhelming!
I didn't even know I still had that letter, just came across it yesterday when I dug out my MR2 file (got someone coming looking today). |
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| pepperami |
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 pepperami Super Spammer

Joined: 17 Jan 2010 Karma :    
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 Posted: 09:00 - 23 Sep 2014 Post subject: |
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On a much happier note
The electrical gremlins have been sorted out on my bike and I`ve just got it back after 6 weeks .
The mighty Pepperami is now back on the road  ____________________ I am the sum total of my own existence, what went before makes me who I am now! |
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| gorillaonabik... |
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 gorillaonabik... Nearly there...
Joined: 31 Jul 2011 Karma :   
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 Posted: 09:07 - 23 Sep 2014 Post subject: |
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As a suggestion which might save you time and money, why not check the law, free of charge, before redoing everything? In '95, the law was very simple. If you'd mailed it and they hadn't received it, the law would have sided with you. I am wondering if the law remains the same today.
The very fact of posting a legally issued document in '95 (not money) would have rendered a degree of legality to it in England & Wales. For example:
- Only one original certificate was issued to you.
- The DVLA confirmed the date / circumstances of issuance.
- You could only send the original certificate and a copy would have been unacceptable.
- There was no reason to make a copy which would have been unacceptable to the DVLA, especially as they confirmed this
- You sent it, had every reason to send it and it is extremely unlikely you wouldn't have sent it...
A court would have ruled in your favour back then because that was the law. If the law is the same, then you may be able to legally force them to do what they should have done in the first place.
Laws change and there are always complexities but before re-doing everything, my suggestion (for what it is worth) is to get some free legal advice. Your local branch of CAB, the usual online legal forums etc... will all be able to advise you and the CAB itself can exercise your rights on your behalf in certain circumstances (and is completely free). ____________________ FZR400 (blown engine), ZXR750 (blown engine), ZX6R (accident), CBR600 which had engine issues after which I learned to change gear..., CBR900, CBR924 (stolen), CB600, CB1300 (everything blew up), BMW K1300GT (written off, hit from rear while stationary), Bandit 1250 for a couple of months, Triumph Sprint ST 1050 (nicked) and somewhere in there, I wrote off a Ducati 748 at Cadwell. |
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| Highwayman |
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 Highwayman Borekit Bruiser
Joined: 17 Nov 2013 Karma :    
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| duhawkz |
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 duhawkz World Chat Champion

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| grr666 |
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 grr666 Super Spammer

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| kramdra |
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 kramdra World Chat Champion

Joined: 28 Oct 2010 Karma :     
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| Just_James |
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 Just_James Could Be A Chat Bot

Joined: 29 Aug 2014 Karma :   
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 Posted: 12:58 - 23 Sep 2014 Post subject: |
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| gorillaonabike wrote: | As a suggestion which might save you time and money, why not check the law, free of charge, before redoing everything? In '95, the law was very simple. If you'd mailed it and they hadn't received it, the law would have sided with you. I am wondering if the law remains the same today.
The very fact of posting a legally issued document in '95 (not money) would have rendered a degree of legality to it in England & Wales. For example:
- Only one original certificate was issued to you.
- The DVLA confirmed the date / circumstances of issuance.
- You could only send the original certificate and a copy would have been unacceptable.
- There was no reason to make a copy which would have been unacceptable to the DVLA, especially as they confirmed this
- You sent it, had every reason to send it and it is extremely unlikely you wouldn't have sent it...
A court would have ruled in your favour back then because that was the law. If the law is the same, then you may be able to legally force them to do what they should have done in the first place.
Laws change and there are always complexities but before re-doing everything, my suggestion (for what it is worth) is to get some free legal advice. Your local branch of CAB, the usual online legal forums etc... will all be able to advise you and the CAB itself can exercise your rights on your behalf in certain circumstances (and is completely free). |
I suppose it would be worth a try, might give CAB a call and see what they say.
I never did get any legal advice, I obviously did try challenging it but from what I remember I was just going in circles with them and it was basically a case of they make the rules so it's tough shit.
| kramdra wrote: | You have passed, you have a bit of paper issued by them confirming it.
I would be riding. Be aware insurers often ask for copy of licence. |
I've thought the same thing but that bit of paper also says I need to take my tests again
Apparently passing your test/s doesn't have much relevance, they are clearly not objective based
Anyway I've got my little RS1 project and I can ride that without redoing my CBT, I don't have to display L plates and can even take a pillion on it so hows that for a big 'up yours' to the system!! ............  |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 13:40 - 23 Sep 2014 Post subject: |
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| Just_James wrote: | | kramdra wrote: | You have passed, you have a bit of paper issued by them confirming it. |
I've thought the same thing but that bit of paper also says I need to take my tests again |
It does, but on what basis?
On a quick skim of MV(DL)R 1999 I can't actually see where this two year period is coming from.
Indeed, RTA 1988 S87 just says that you need to be licensed. You either are, or you are not. There's no third option that I can see.
This raises the (non hypothetical) question of whether you are licensed for purposes of RTA 1988 S87 during the period after you've passed your test, but before you've sent the bit of paper to the DVLA.
If you are not licensed for purposes of S87, then nobody can drive legally until the DVLA has eventually acknowledged that you do indeed have a license, certainly not away from the test centre.
If you are licensed for purposes of S87, then what statutory or regulatory powers did the DVLA use to revoke your license after two years?
Go on, have some fun with it. Short questions. Yes or no or cite-the-statute answers. Punt it to the DfT ICA when they wriggle. ____________________ 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 |
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| Just_James |
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 Just_James Could Be A Chat Bot

Joined: 29 Aug 2014 Karma :   
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 Posted: 15:19 - 23 Sep 2014 Post subject: |
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| Rogerborg wrote: |
On a quick skim of MV(DL)R 1999 I can't actually see where this two year period is coming from.
Indeed, RTA 1988 S87 just says that you need to be licensed. You either are, or you are not. There's no third option that I can see.
This raises the (non hypothetical) question of whether you are licensed for purposes of RTA 1988 S87 during the period after you've passed your test, but before you've sent the bit of paper to the DVLA.
If you are not licensed for purposes of S87, then nobody can drive legally until the DVLA has eventually acknowledged that you do indeed have a license, certainly not away from the test centre.
If you are licensed for purposes of S87, then what statutory or regulatory powers did the DVLA use to revoke your license after two years?
Go on, have some fun with it. Short questions. Yes or no or cite-the-statute answers. Punt it to the DfT ICA when they wriggle. |
Wow, thanks for looking at that for me
I'd long given up any hope of ever sorting it without resitting everything but some good points there and it's sparked a bit of hope - though I'm resisting letting it build too much at this point.
Putting 'pen to paper' isn't my strong point and I tend to just get worked up and have a rant when it comes to things like this but I think I should try and set some time aside to take them on. Not much to lose  |
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| MC |
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 MC Banned
Joined: 01 Apr 2013 Karma :   
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 Posted: 16:36 - 23 Sep 2014 Post subject: |
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Since when do you need to claim a test pass? I know the DVLA is a lottery, but I thought the options were surrender your license to the examiner, or send it off yourself later.
Remember something a while ago on watchdog when a lot of bikers were losing their motorcycle entitlement, think that might have been when upgrading to a photo card license. ____________________ Yamaha MT-03 '08 (crashed)
Honda XR-125L '04 |
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| Just_James |
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Joined: 29 Aug 2014 Karma :   
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 Posted: 17:10 - 23 Sep 2014 Post subject: |
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Although I can't think of a good reason for it, there was definitely a certificate to send off within a 2 year period. I don't recall it being an option for the examiner to do it though, it certainly wasn't an option openly offered anyway or I'd have just taken it - why go to the hassle (and rather apparent risk) of doing it yourself?
I just can't see any logic in the having to 'claim' your pass
As if I or anyone else would go out and do a CBT, then a theory test, practical test and the lessons in between.... to then decide they didn't want the license and it wasn't worth 'claiming'  |
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Old Thread Alert!
The last post was made 11 years, 97 days ago. Instead of replying here, would creating a new thread be more useful? |
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