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Damm... just two months from retirment

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Scootaloo
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PostPosted: 12:12 - 28 Jan 2015    Post subject: Damm... just two months from retirment Reply with quote

Well, goodbye licence, was nice knowing you.

https://pho.to/8jYMX

https://pho.to/8jYMX/u8

https://pho.to/8jYrd

https://pho.to/8jZYS

https://pho.to/8jZdt
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Last edited by Scootaloo on 13:18 - 28 Jan 2015; edited 2 times in total
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Alpha-9
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PostPosted: 12:21 - 28 Jan 2015    Post subject: Reply with quote

Isn't a CB-1 a 400cc? Why do you need L plates or why were you riding it Razz

Ah just read it better - lol fool
why would you even and lol that you were caught

More importantly, how did they catch you? Wink
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Dave70
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PostPosted: 12:28 - 28 Jan 2015    Post subject: Reply with quote

Ouch.

Think you'll definitely lose your licence then, or is there any slim chance you'll keep it?

If you do lose it, where do you stand with regards to getting it back? I'm not up to speed (no pun intended) on the situation in the UK.
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Scootaloo
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PostPosted: 12:30 - 28 Jan 2015    Post subject: Reply with quote

Light gun on a 30 mph dual lane A road.

Restricted A2 licence 33 bhp.

More to follow, I'm going to post the statement.
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Matt B
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PostPosted: 12:35 - 28 Jan 2015    Post subject: Reply with quote

Moar info... Thumbs Up
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wr6133
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PostPosted: 12:36 - 28 Jan 2015    Post subject: Reply with quote

Did they actually test the bike for restriction in the end? Or did you admit to it not being restricted?

Just thinking if they didn't test it and you didn't self incriminate then you could fight that charge at least. Just the speeding then.

I'll trade you something amusing for the cb-1 Laughing
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Scootaloo
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PostPosted: 12:38 - 28 Jan 2015    Post subject: Reply with quote

wr6133 wrote:
Did they actually test the bike for restriction in the end? Or did you admit to it not being restricted?

Just thinking if they didn't test it and you didn't self incriminate then you could fight that charge at least. Just the speeding then.

I'll trade you something amusing for the cb-1 Laughing


Like what?!

Next part here: https://pho.to/8jYrd
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CaNsA
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PostPosted: 12:39 - 28 Jan 2015    Post subject: Reply with quote

Scootaloo wrote:
Restricted A2 licence 33 bhp.


So why the LC20?
What was "not with accordance with a licence"?
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P.
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PostPosted: 12:39 - 28 Jan 2015    Post subject: Reply with quote

Given your history, I would seriously consider bucking your ideas up and sorting your life out or console yourself to the bus and a pushbike. Sad
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Aff
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PostPosted: 12:48 - 28 Jan 2015    Post subject: Reply with quote

I cant see the pictures they are blocked at work. (could someone kind post them to imgur?)

I am going to assume you have been a mong again.

Have you seriously not learnt from your previous fuck ups?
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DrSnoosnoo
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PostPosted: 12:49 - 28 Jan 2015    Post subject: Reply with quote

At least the charge of riding without L plates is silly. If it wasn't restricted it should be that you didn't have Ls AND in radio contact with an instructor.
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Scootaloo
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PostPosted: 13:17 - 28 Jan 2015    Post subject: Reply with quote

Next parts, the witness statements:

https://pho.to/8jZYS

https://pho.to/8jZdt
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Musketeer
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PostPosted: 13:25 - 28 Jan 2015    Post subject: Reply with quote

Not showing a "proof of restriction" enough reason to seize the vehicle? For real?

You should have asked one of the forum members to produce one for you.

I'm not aware of any legal requirement of having one. Has the law changed?
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CaNsA
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PostPosted: 13:29 - 28 Jan 2015    Post subject: Reply with quote

AFAIK the restriction cert is a load of bollocks.
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DrSnoosnoo
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PostPosted: 13:33 - 28 Jan 2015    Post subject: Reply with quote

I like how the rozzer suggested that OP should get an expert to prove the power output.

That's not how our system works, the prosecution must prove it isn't restricted.
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Groove
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PostPosted: 13:34 - 28 Jan 2015    Post subject: Reply with quote

Just so I'm clear...you got caught doing 56 mph in a 30 with a 33bhp (for 2 years) on a non restricted bike?

For what it's worth I got caught exceeding 137 mph (copper topped his bike out and couldn't keep up. Till I stopped at some lights oblivious) within my 33bhp restriction and got done for riding outside of accordance of license and therefore no insurance.

49 day ban and about 400 pound fine back in 2007.

This was my 2nd ban. The first time restriction was never mentioned. I also had 3 points valid on my licence.
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Alpha-9
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PostPosted: 13:35 - 28 Jan 2015    Post subject: Reply with quote

I see, well that's ghey, I used to ride my 600 on A2
The L plates charge doesn't make sense, you don't need L Plates regardless o.O
were there any speed camera signs on the road?

Restriction certificate isn't a real thing, there's no law about them as they don't exist in any legal sense.
Should have refused the bike seizing on these grounds

You need to get the bike back and get it restricted, then get it tested to prove it's restricted. You'll want a mate to do it not a garage.
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weasley
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PostPosted: 13:39 - 28 Jan 2015    Post subject: Reply with quote

I would suggest that the offence is correctly stated "riding other than in accordance with..." but the statement of facts is in error "...not displaying L plates". This implies that had L plates been on the bike, then no offence would have been committed. This may even be an amusing cross-examination point, should it come to it.

Of course the key missing element is whether the bike is either (a) restricted to 35 kW or (b) incapable of exceeding 35 kW (through wear/tear, age etc).

This also acts as a stark counterpoint to the usual "just ride without restriction, no fucks are given" advice.
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blueglue
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PostPosted: 13:41 - 28 Jan 2015    Post subject: Reply with quote

mJZ wrote:
Not showing a "proof of restriction" enough reason to seize the vehicle? For real?

You should have asked one of the forum members to produce one for you.

I'm not aware of any legal requirement of having one. Has the law changed?


Haha i remember an employer writing a letter for his employee stating he was working in Cornwall whilst an alleged ex partner had her tyres slashed in Leicester. The suspect got found guilty and got a community order. The employer got four months prison. Laughing


Last edited by blueglue on 13:41 - 28 Jan 2015; edited 1 time in total
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Scootaloo
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PostPosted: 13:41 - 28 Jan 2015    Post subject: Reply with quote

MC wrote:
Was this when they seized your bike?


Correct.
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Scootaloo
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PostPosted: 13:47 - 28 Jan 2015    Post subject: Reply with quote

Alpha-9 wrote:
I see, well that's ghey, I used to ride my 600 on A2
The L plates charge doesn't make sense, you don't need L Plates regardless o.O
were there any speed camera signs on the road?

Restriction certificate isn't a real thing, there's no law about them as they don't exist in any legal sense.
Should have refused the bike seizing on these grounds

You need to get the bike back and get it restricted, then get it tested to prove it's restricted. You'll want a mate to do it not a garage.


I have my bike back, they never dynode it.
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nowhere.elysium
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PostPosted: 13:48 - 28 Jan 2015    Post subject: Reply with quote

Go to the court hearing, get it argued down to speeding. I'm sure you can acquire and fit restriction washers in fairly short order.
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Scootaloo
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PostPosted: 13:53 - 28 Jan 2015    Post subject: Reply with quote

nowhere.elysium wrote:
Go to the court hearing, get it argued down to speeding. I'm sure you can acquire and fit restriction washers in fairly short order.


Question is, do I have to prove its restricted, or should they have had tested it when they had it in the impound at my expense?
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Rogerborg
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PostPosted: 13:54 - 28 Jan 2015    Post subject: Reply with quote

Scootaloo wrote:
Restricted A2 licence 33 bhp.

No such thing, chap.

A2 = 35kW.

There was also the old A license with a 25kW restriction, which was never "A2"[1]. Are you the chap who got banned or similar and managed to get an A<=25kW back that's still running?

Coppers can seize[2] based on "reasonable grounds for believing that a motor vehicle is or was being driven [otherwise than in accordance]". The bike claimed over 35kW (and check my maths, 35 is over 25kW). Why would it not be reasonable to believe that it still does?

I keep saying: carry a convincing looking PaddyCerttm your totally true, certified, notarised, undeniable proof that the bike really is restricted.

Aside: notice how everything that you said, including random sounds, was used as evidence against you? Including the part where you said that you didn't have a PaddyCerttm, and so you can't very well produce a pre-dated one now.

You might have a "prove it, copper" technical defence against the otherwise than in accordance, but... you were speeding. On a motorcycle. Best of luck with that.

tl;dr - you getting the jail, playa.

Speak to a specialist motoring (ideally motorcycle) solicitor, and do it now. I imagine that you'll look too pikey to be worth representing, and that their advice will be "Waste of time. Guilty plea, blubber, best of luck".

That'd be my view on it, unless there's more to the story.

[1] A2 was a DSA category of test bike, and DVLA's admittedly nonsensical way of recording prior entitlement to "A <=25kW".

[2] Technically only if you don't produce both parts of your license, if we follow Their Lordship's reasoning in Pryor vs CC of GMP. I very much doubt that we would though.
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