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My mate de restricted my moped and I am now facing fines

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Pheww
L Plate Warrior



Joined: 10 Apr 2020
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PostPosted: 15:22 - 10 Apr 2020    Post subject: My mate de restricted my moped and I am now facing fines Reply with quote

Hi, I have a Peugeot v clic.

My mate has a aprilia rs4 125 and he always leaves me in the dust when we ride together. The other day he said you can de restrict peds to get more power out of them. I told him that i didnt want to spend time and money on a 50cc ped, seeing I will be on a 125 soon anyway.

A couple days ago I had to leave the moped at his place because the battery died, so I took the battery home and charged it. The next i went over to his place to get my bike, when riding it home (about 3 miles) I noticed it was faster and accelerated much quicker.

Unfortunately, I was doing about 42 in a 30 zone, a police car was behind me and flashed his lights. I pulled over and he told me that I was way over the speed limit, he was also suspicious that a 50cc could go that fast. He actually knew a bit about bikes and was adamant it was de restricted.

He charged me with driving otherwise in accordance and no insurance since it was now void with the de restriction.

How fucked am I? I really cant afford this, and will I be able to get a 125cc?

Thanks in advance.
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bhinso
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PostPosted: 15:33 - 10 Apr 2020    Post subject: Reply with quote

Pass the popcorn
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spottedtango
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PostPosted: 15:42 - 10 Apr 2020    Post subject: Reply with quote

Your mate didn’t tell you he derestricted it and you just rode it away? This is a bizarre story man.

In all honesty I don’t think there’s much chance of getting out of it unless you park the bike back round at your mates. It magically restricts itself and you can ask the police to dyno the 4hp it should be putting out
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 15:53 - 10 Apr 2020    Post subject: Reply with quote

If they throw the book at you, you get up to 6 points, up to £1000 fine for the LC20 offence.

They aren't throwing the book at you though, because they could also have seized your bike on the spot so you'd have had to walk home, then arranged to collect it from the impound yard on payment of the recovery fee (and on a trailer, unless you had an appropriate licence).

If he clocked you at 42, you're pretty much screwed on this point because your moped was doing over 30mph.

The insurance point is arguable because you do actually have an insucrance certificate for the vehicle. But again, another potential 6 points and £1000 fine.

Didn't do you for speeding though. Smile

Both absolute offences as far as I'm aware so it doesn't matter what your excuse is for riding a de-restricted moped, you were the one doing it.

So worst case. 12 points, £2000 fine and a totting up ban.

The insurance offense in-particular would screw you over on premiums big-time because you have to declare it for 5 years.

Best case, they drop the insurance one and you get an offer of a 3 point and £100 fixed penalty for the LC20.

My advice, if they offer you a 3 point fixed penalty, grab it with both hands and chalk it up to experience. Anything else, take further, more informed advice. Particularly regarding the driving without insurance charge because you still technically had road traffic act insurance. Print out a hard copy of your certificate of motor insurance now and keep it somewhere safe.

Oddly, even if you get 6 points, it doesn't screw you over in terms of your licence. You can have up to 12 points on a provisional. Once you pass your test, the new drivers act kicks in. If your licence goes over 6 points in the first 2 years after passing, your licence is revoked and you have to start again from scratch. If it was over 6 points when you passed, one more point will do it.

Do NOT ignore any paperwork. it will not go away by itself. If you are summonsed to court. A personal appearance and a contrite attitude can work wonders. Especially if you demonstrrate some driver improvement (like lessons, a bikesafe course or passing your test). If you don't think you can stand up and not be lippy, plead by post. In either case, DO fill in the means test form, if you don't, they just hand you down the standard fine.

The "The bigger boy did it then ran away" defence probably won't hold much water. The "I'm really sorry, there's no excuse, learned my lesson and it wont happen again. I've done my test now, I really need my bike to go to work, please be gentle with me." plea is often a good one.

If you hear nothing more within 6 months, you are a lucky bastard.

EDIT: You might get that lucky given coronavirus. If they don't have you (or your case, they might yet make special arrangements for trying cases remotely) up in court within 6 months, you can move to have the case dismissed... However you need to handle that process correctly and would need proper advice on how to do so.
____________________
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.


Last edited by stinkwheel on 16:06 - 10 Apr 2020; edited 1 time in total
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Riejufixing
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Joined: 24 Jun 2018
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PostPosted: 15:59 - 10 Apr 2020    Post subject: Re: My mate de restricted my moped and I am now facing fines Reply with quote

Pheww wrote:
"My mate de restricted my moped"

Fascinating. Find out from him *exactly* what he did, and post it here. Be quick! I think you're in deep doo-doo, but you never know.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 16:08 - 10 Apr 2020    Post subject: Reply with quote

stinkwheel wrote:
They aren't throwing the book at you though, because they could also have seized your bike on the spot so you'd have had to walk home, then arranged to collect it from the impound yard on payment of the recovery fee (and on a trailer, unless you had an appropriate licence).

If the police think someone is uninsured then are they even allowed to let that person continue on their way? Confused
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Boxing
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PostPosted: 16:08 - 10 Apr 2020    Post subject: Reply with quote

Laughing Sounds like a typical 16 year old, derestricts bike then goes full throttle everywhere. Most mopeds need their exhaust removing and a restriction removing and welding back up, at least they did when I was riding them. No way has his "friend" done it and for free.

Also how did you miss a police car up your chuff? Sounds like poor obs.

You ever see a car come flying up behind you when you're speeding nine times out of ten it's police. Thumbs Up
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 16:12 - 10 Apr 2020    Post subject: Reply with quote

My insurance went down when I got 6 points for speeding....
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pepperami
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PostPosted: 16:13 - 10 Apr 2020    Post subject: Reply with quote

Your mate deristricted your bike without telling you.... yer right!

What you mean is you got caught with your derestricted bike and now you’re looking for a way to wiggle out of it.
Just admit you were a naughty boy and accept the court judgement.
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stinkwheel
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PostPosted: 16:21 - 10 Apr 2020    Post subject: Reply with quote

Ste wrote:

If the police think someone is uninsured then are they even allowed to let that person continue on their way? Confused


I think they know they are on shaky ground if you actually have an insurance certificate for that vehicle. Even if you are not complying with the conditions of that insurance, I don't think they can wriggle out of their minimum road traffic act obligations unless they give 7 days written notice of cancellation.

It's really common that the police use it to browbeat kids with modified vehicles though. My understanding is it would be a civil matter of contract law between you and the insurance company in the event of a claim.

Here's one legal oppinion:
Quote:
The police have stated that your insurance is void.

It is common for a police officer to suggest your insurance is void because of a problem with your driving licence or issues with the vehicle itself. For example, they may say your insurance is not valid because you don’t have an MOT or because the vehicle has performance modifications.

These suggestions are rarely correct and warrant further investigation. Sections 148 and 151 of road traffic act 1988 deal with these scenarios and stipulate that an insurance policy is valid until voided and the insurance company would be obliged to satisfy any claim to the minimum standard even if the driver was in breach of a specific contract term providing he or she is in possession of a valid driving licence at the time.

So, the prosecution may be arguing that your policy is automatically void due to;

The age or physical or mental condition of persons driving the vehicle
The condition of the vehicle
The number of persons that the vehicle carries
The weight or physical characteristics of the goods that the vehicle carries
The time at which or the areas within which the vehicle is used
The horsepower or cylinder capacity or value of the vehicle
The carrying on the vehicle of any particular apparatus

However, it is often the case that there is still valid insurance in place and we suggest you never accept the suggestion that your policy is automatically void to the any of these conditions without speaking to us first.

This is a complex area and if you are being prosecuted for driving with no insurance we recommend you to contact our expert team here at Lanyon Bowdler.


https://www.lblaw.co.uk/services-for-you/motoring-offences/driving-without-insurance
____________________
“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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Pheww
L Plate Warrior



Joined: 10 Apr 2020
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PostPosted: 16:40 - 10 Apr 2020    Post subject: Re: My mate de restricted my moped and I am now facing fines Reply with quote

Riejufixing wrote:

Fascinating. Find out from him *exactly* what he did, and post it here. Be quick! I think you're in deep doo-doo, but you never know.


He said he took the variator out.
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MarJay
But it's British!



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PostPosted: 17:28 - 10 Apr 2020    Post subject: Re: My mate de restricted my moped and I am now facing fines Reply with quote

Pheww wrote:

He said he took the variator out.


I'm no expert on scooters, but I'm fairly sure it won't work at all without a variator.

To be honest, derestriction by a hamfisted 17 year old never works this well. 17 year olds don't write this well...

Sounds like lockdown trolling to me.
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Easy-X
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PostPosted: 17:48 - 10 Apr 2020    Post subject: Reply with quote

"Took the variator out" pull the other one! If it didn't have a variator what would the CVT belt go round to get you to 42mph Laughing Laughing Laughing

If I discovered "all of a sudden like" that my bike could do over 40 when yesterday it could only do 30 I'd be worried it was about to blow up Shocked
and gingerly make my way home till dad got a look at it (thinking back to when I was 16.) Kids today don't seem to have survival instincts Sad
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notbike
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PostPosted: 18:03 - 10 Apr 2020    Post subject: Reply with quote

Fuck he must have put the red power band on it.
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Riejufixing
World Chat Champion



Joined: 24 Jun 2018
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PostPosted: 18:23 - 10 Apr 2020    Post subject: Reply with quote

Meef wrote:
Fuck he must have put the red power band on it.

Well there are ways of doing it, but "taking the variator out" isn't one of them, and certainly can't be called "accidental", or "easi;ly done so that one can plead a following wind going downhill".

3 to 6 points it looks like. As someone said, if offeres a 3-point fixed penaly, 'ave their arm off. and be good for years.

I wonder if they'd be more lenient if he shopped his mate for "causing or permitting"? Wink
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grr666
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PostPosted: 18:23 - 10 Apr 2020    Post subject: Re: My mate de restricted my moped and I am now facing fines Reply with quote

Pheww wrote:
Hi, I have a Peugeot v clic.
My condolences....
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Fisty
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PostPosted: 18:52 - 10 Apr 2020    Post subject: Reply with quote

Good evening Tritey, lockdown getting to you?
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 20:18 - 10 Apr 2020    Post subject: Reply with quote

stinkwheel wrote:
Ste wrote:

If the police think someone is uninsured then are they even allowed to let that person continue on their way? Confused


I think they know they are on shaky ground if you actually have an insurance certificate for that vehicle. Even if you are not complying with the conditions of that insurance, I don't think they can wriggle out of their minimum road traffic act obligations unless they give 7 days written notice of cancellation.

It's really common that the police use it to browbeat kids with modified vehicles though. My understanding is it would be a civil matter of contract law between you and the insurance company in the event of a claim.

Here's one legal oppinion:
Quote:
The police have stated that your insurance is void.

It is common for a police officer to suggest your insurance is void because of a problem with your driving licence or issues with the vehicle itself. For example, they may say your insurance is not valid because you don’t have an MOT or because the vehicle has performance modifications.

These suggestions are rarely correct and warrant further investigation. Sections 148 and 151 of road traffic act 1988 deal with these scenarios and stipulate that an insurance policy is valid until voided and the insurance company would be obliged to satisfy any claim to the minimum standard even if the driver was in breach of a specific contract term providing he or she is in possession of a valid driving licence at the time.

So, the prosecution may be arguing that your policy is automatically void due to;

The age or physical or mental condition of persons driving the vehicle
The condition of the vehicle
The number of persons that the vehicle carries
The weight or physical characteristics of the goods that the vehicle carries
The time at which or the areas within which the vehicle is used
The horsepower or cylinder capacity or value of the vehicle
The carrying on the vehicle of any particular apparatus

However, it is often the case that there is still valid insurance in place and we suggest you never accept the suggestion that your policy is automatically void to the any of these conditions without speaking to us first.

This is a complex area and if you are being prosecuted for driving with no insurance we recommend you to contact our expert team here at Lanyon Bowdler.


https://www.lblaw.co.uk/services-for-you/motoring-offences/driving-without-insurance


Case law seems to indicate that 3rd party insurance stays in place until the insurer informs the insured that it is cancelled.
____________________
trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 20:45 - 10 Apr 2020    Post subject: Reply with quote

Nobby the Bastard wrote:


Case law seems to indicate that 3rd party insurance stays in place until the insurer informs the insured that it is cancelled.


That is also my understanding. Also they can't cancel it while on the phone to a copper during a traffic stop. There has to be written notice.
____________________
“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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martin734
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PostPosted: 21:11 - 10 Apr 2020    Post subject: Reply with quote

I hope you have understanding parents or live somewhere with good public transport because it is probably going to be a while before you are riding or driving anywhere. Regardless of whether or not you knew your bike had had been de-restricted, the speeding is entirely your fault and failing to carry out correct obs and spotting the plod behind you was equally daft. There is also almost no way you are going to convince a magistrate that you didn't realise your bike had been de-restricted. You knew it should have been capable of only 30 mph and that legally you can only ride a moped that is restricted to 30 mph. Because you were riding at more than 30 you must have reasonably known that your bike had been de-restricted and that you were no longer complying with your licence restrictions. The insurance is a slightly grey area and you may be lucky and the magistrate may take pity on you. But the reality is you are still looking at at least 6 points on your licence and fines and cost of a few hundred £'s if you are lucky. Given the offences you are being done for, your age and lack of riding experience, very few insurance companies will be prepared to cover you from now and those that do will be horrifically expensive, probably for the next 5 years. Do not even think about "forgetting" to tell your insurance company about any fines or points. They can and will find out and then you will probably end up married before you are driving. The short answer is you are fucked, the only question is whether they use lube or not.
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stinkwheel
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PostPosted: 22:11 - 10 Apr 2020    Post subject: Reply with quote

However, they'll probably offer a fixed penalty with 3 points and a £100 fine like they do to people not displaying their L-plates, (which is the same LC20 offence of driving outwith the conditions of your licence). Because it's easy money and they have bigger fish to fry just now.
____________________
“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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martin734
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PostPosted: 22:17 - 10 Apr 2020    Post subject: Reply with quote

I hope so, and if they do I hope he learns from it.
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stinkwheel
Bovine Proctologist



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PostPosted: 22:49 - 10 Apr 2020    Post subject: Reply with quote

martin734 wrote:
I hope so, and if they do I hope he learns from it.


Oh, his next insurance bill will teach him a lesson anyway. However, effectively banning someone from driving for having a moped that does 42mph seems a tad disproportionate. You'd probably get less than a £100 fine for stealing one.
____________________
“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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martin734
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PostPosted: 22:56 - 10 Apr 2020    Post subject: Reply with quote

If he had nicked one he would probably have got away with it. The plod are too busy chasing dog walkers with drones and searching peoples shopping trolleys for illicit Easter eggs to investigate any actual crimes.
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