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#291 |
The Teacer
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Join Date: Jun 2004
Location: colchester
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Nor has he come back to tell us what happened today!
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#292 | |
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If that Officer has been told by a superior, who has in turn been told by a vehicle examiner (who is effectively an expert) then can't you see why he will think the bike is unrestricted...? Yeah he might be wrong, but he doesn't know he's wrong. |
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#293 | |
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Last edited by tommo891; 26-04-10 at 09:19 PM. |
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#294 |
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Join Date: Jan 2005
Location: Barnet Herts
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OP has gone very quiet.I reckon the police have been forced to have him silenced to stop us finding out about their outrageous behavior.My vote is he is already fdorming part of the foundations of the new Central England Police HQ.
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On a clear day we stand there and look further than the ordinary eye can see. |
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#295 | |
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In short the coppers have screwed up in a number of ways and the OP is the one suffering unnecessarily. I know that not all coppers are like this and the vast majority of the police's good work goes unreported, unthanked and unheard of, but when things like this happen it really does make me wonder what sort of feckwits certain forces employ as their 'customer facing first line' and why stricter selection isn't involved at the very beginning of their career. |
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#296 | |||||||
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Look I don't mean to argue with people on here, and I appreciate i'm new to this forum. I've tried to explain possible reasons behind the decision based on what seems to me to be some dodgy info from the OP at best. I've tried to explain as basically as I can what is essentially a grey-area in law and tried to explain the reasons why - despite the actions seeming harsh - they appear to be lawful. I've tried to rise above and ignore the anti-Police sentiments and keep my posts fair and balanced, but obviously they aren't coming across that way. Quote:
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#297 | |
Noisy Git
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Join Date: Apr 2007
Location: Halifax/Leeds
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Currently Ex Biker
Now rebuilding a 63' fishing trawler as a dive boat |
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#298 |
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Fishtits sightly off the subject but if you want to know a police officers badge number and they refuse, is there anything I could do....and I mean he puts his hand over his shoulder and says go away...
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#299 |
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That's quite a read that is, and it seems most things have been said.
I think there are two different issues here, the first thing being can the police do what they did, the second being should they have done it. With regard to the first it rather depends on what legislation they elected to use. Certain police officers (read "most") are authorized to test and inspect vehicles on a road but this power only extends to test certain things. The power produced by the engine isn't one of them so if they did use this legislation (Sect 67 RTA) they might be on a sticky wicket, especially as they don't have a power to seize it to examine it. If on the other hand they have reasonable grounds to suspect the OP has committed an offence (for example he's driving other than in accordance with a driving licence) they could have used their powers under PACE (The Police and Criminal Evidence Act) to seize anything that is evidence of that offence. The main problem here is that they will need to show that they had a reasonable suspicion before they seized the bike, they can't seize it, examine it, and then form their suspicion from the examination. Incidentally if you do seize a vehicle under PACE then there is no requirement to issue a receipt or other paperwork. There has been some mention of the powers under Sect.165 (the no insurance/driving licence legislation). Here there is a requirement for the officer to have a belief rather than a reasonable suspicion of the offence so it is actually a higher expectation, and if the officer believes he is committing the offence what evidence is that belief based on? Sect165 also requires the officer to serve the form, he can't with-hold it to prevent the vehicle being reclaimed, they have no power to retain the vehicle. Incidentally the Op mentions the officers were in an unmarked car. Were they in uniform? Powers to stop vehicles and to test inspect them on a road are restricted to officers in uniform... On the second point should the officers have done what they did even if they did have the authority to do so, well that would very much depend on the circumstance. I've got a fair bit of experience in this area and I've never known a bike to be seized for a power check, unless it had been involved in a serious crash. As some have alluded to I suspect there may be a bit more to this story than has been disclosed. |
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#300 | |
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If he had just chased or followed the bike at speeds in excess of 100mph then I could understand it, or if he'd seen the bike performing things like wheelies or rolling burnouts at 50 or 60 mph then again I could believe it, but to seize a bike he's only seen being ridden at sub 30mph speeds is ridiculous and highly suspect. In my opinion the copper who seized the bike believes in only one thing, and that's in his own importance. |
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