"33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

also one of you lovely people could tell me this ,is it not a disaplinery offence to lie to a member of the public or make a false statement , eg sgt said you must have a cert or marked numberplate, this is a lie or at minimum a false statement implying a criminal offence were no such offence exsits, one thing my mates in the job always say is ,if you dont know exactly what your saying is true and factual say feck all, cos you will pay for bull sh1ting

Going slightly off-topic and using an example of my own to semi-get at what i'm saying...

I stopped a car not long ago for jumping a red light, and was going through the normal motions. Registered to you? Yes. Insured and taxed? Yes. Got a driving license? Yes. All fine until the checks showed her as a non-license holder. I mentioned this to her and she was adamant she was a license holder, even producing the card-part of the license for me to see. Checked again, non license holder. I mentioned that it was looking like I was going to have her car and she became very cagey, very defensive, adding more and more to my belief she was pulling a fast one. Going on what the computer was telling me - and on her demeanour - D/L to the contrary, I seized her car there and then for no license.

She could have quite easilly gone on the VW Golf (or whatever it was) owner's club website and slated me to high heaven about how she had a license, she showed me the license, and yet I still had her car off her despite the fact my computer was obviously wrong and she'd never had an accident in 100 years of driving. I'm sure if she had the other forum bods would have joined in with slating my reasoning and how it was probably just another tick in the box for the figures and the useless BIBs.

Turns out actually her license had been rescinded a year ago on medical grounds. She fits uncontrolably numerous times a day, even behind the wheel, but had continued driving unlawfully without anyone knowing. I could have assumed the computer was wrong, I could have let her keep her car, I could have issued a producer... But what happens if the next job I go to is a dead kid under her car because I let her drive off? What if this Copper's next job was to see the OP wrapped round a lamp-post because they let him ride off on a bike he couldn't handle and they thought themselves that was the case? (Not saying that's the case of course!!)

I had my reasons for taking her car, I am only suggesting that the Officers in this case had their reasons for taking his bike. As frustrating as it must be when you know you're right and you're left to walk home.

Either way and whatever the reasons behind the situation, I hope it gets sorted soon. Sorry to have ruffled so many feathers, i'll get back in my box!!

Originally Posted by Flameboy

not at all in the mood to look if this has been mentioned, as my bike has been seized today for failure to prove it is restricted apparently there should be some sort of visual plate that the police can just check if they pull you? As far as i have read and been aware there isnt even an offical certificate for this?


And if this is the case, with the ecu bikes what stops yo getting this plate and changing the ecu over?? so as you can imagine im quite annoyed about the whole thing and would like to know the if anyone has the letter of the law that states a visual plate must be fixed to some part of the bike or whatever

33bhps beware?



maybe there is something and i've missed the whole thing? let me know...

ARG

mate there has been and still is no law saying that you have to have anything on the bike to say that its been restricted, thats just a **** coppper talking out his ass trying to get an, on the spot fine, and one more coller.. you dont even have to have anything on paper...
the only time it would come up is if you have a crash then they would check to see if its restricted, to co inside with your ins cover and licence.

Get on the phone to your ins and tell them whats happend. then call local police station in the area you got pulled in and make a complante.

thats canny ****e, hope you get your bike back soon pal..

Originally Posted by Fishtits

Going slightly off-topic and using an example of my own to semi-get at what i'm saying...

I stopped a car not long ago for jumping a red light, and was going through the normal motions. Registered to you? Yes. Insured and taxed? Yes. Got a driving license? Yes. All fine until the checks showed her as a non-license holder. I mentioned this to her and she was adamant she was a license holder, even producing the card-part of the license for me to see. Checked again, non license holder. I mentioned that it was looking like I was going to have her car and she became very cagey, very defensive, adding more and more to my belief she was pulling a fast one. Going on what the computer was telling me - and on her demeanour - D/L to the contrary, I seized her car there and then for no license.

She could have quite easilly gone on the VW Golf (or whatever it was) owner's club website and slated me to high heaven about how she had a license, she showed me the license, and yet I still had her car off her despite the fact my computer was obviously wrong and she'd never had an accident in 100 years of driving. I'm sure if she had the other forum bods would have joined in with slating my reasoning and how it was probably just another tick in the box for the figures and the useless BIBs.

Turns out actually her license had been rescinded a year ago on medical grounds. She fits uncontrolably numerous times a day, even behind the wheel, but had continued driving unlawfully without anyone knowing. I could have assumed the computer was wrong, I could have let her keep her car, I could have issued a producer... But what happens if the next job I go to is a dead kid under her car because I let her drive off? What if this Copper's next job was to see the OP wrapped round a lamp-post because they let him ride off on a bike he couldn't handle and they thought themselves that was the case? (Not saying that's the case of course!!)

I had my reasons for taking her car, I am only suggesting that the Officers in this case had their reasons for taking his bike. As frustrating as it must be when you know you're right and you're left to walk home.

Either way and whatever the reasons behind the situation, I hope it gets sorted soon. Sorry to have ruffled so many feathers, i'll get back in my box!!

I wasn't arguing with that. You seem to think that I don't know what I am talking about but I do.

At the end of the day, the computer told you this female didn't have a licence and it is very rare for the DVLA database to be wrong, in that case I would say you were perfectly justified and had plenty reasonable suspicion.

However, (repeating myself again, pending the OP confirming that there isn't anything other than what he has told us), just not having paperwork for restriction is, IMHO, and I would imagine that of the courts, NOT reasonable suspicion. If there is something more to this then perhaps my viewpoint would change.

And DP - no, they may get their butts kicked but they have not intentionaly lied. They have sought advice and acted on that so no, ithats not an offence.

Originally Posted by Fishtits

Going slightly off-topic and using an example of my own to semi-get at what i'm saying...

I stopped a car not long ago for jumping a red light, and was going through the normal motions. Registered to you? Yes. Insured and taxed? Yes. Got a driving license? Yes. All fine until the checks showed her as a non-license holder. I mentioned this to her and she was adamant she was a license holder, even producing the card-part of the license for me to see. Checked again, non license holder. I mentioned that it was looking like I was going to have her car and she became very cagey, very defensive, adding more and more to my belief she was pulling a fast one. Going on what the computer was telling me - and on her demeanour - D/L to the contrary, I seized her car there and then for no license.

She could have quite easilly gone on the VW Golf (or whatever it was) owner's club website and slated me to high heaven about how she had a license, she showed me the license, and yet I still had her car off her despite the fact my computer was obviously wrong and she'd never had an accident in 100 years of driving. I'm sure if she had the other forum bods would have joined in with slating my reasoning and how it was probably just another tick in the box for the figures and the useless BIBs.

Turns out actually her license had been rescinded a year ago on medical grounds. She fits uncontrolably numerous times a day, even behind the wheel, but had continued driving unlawfully without anyone knowing. I could have assumed the computer was wrong, I could have let her keep her car, I could have issued a producer... But what happens if the next job I go to is a dead kid under her car because I let her drive off? What if this Copper's next job was to see the OP wrapped round a lamp-post because they let him ride off on a bike he couldn't handle and they thought themselves that was the case? (Not saying that's the case of course!!)

I had my reasons for taking her car, I am only suggesting that the Officers in this case had their reasons for taking his bike. As frustrating as it must be when you know you're right and you're left to walk home.

Either way and whatever the reasons behind the situation, I hope it gets sorted soon. Sorry to have ruffled so many feathers, i'll get back in my box!!

back out of that box
the above fair one cos computer says NO , but there is no computer for ristricted bikes, just anpr with all the required info ,tax test insure reg own blah blah blah, sounds to me like plod made a dission because of a preconcived idea which in this case is wrong and then followed through when his sgt started making up crap to fit the situation, now if im pulled and they say ive no liecence i dont expect to ride away untill it has been proven im entiltled to drive, but if im pulled cos a plod things my bike is too powerfull sorry you prove it, i have conformed to all laws its for you to prove im not, may it be by database or fault of my equipment ,not a i think but cant check
i understand your reasoning which is correct but even you must agree none of your examples has a hunch (and thats all he had) as a legal reason to seize a vehicle without any evedance of a offence being comitted
even the dirty plod on here know im more pro police than most, but if they wish to inforce the standards they must rise above them themselves, which in this case seems to have slipped

Get on the phone to the bike lawyers White Dalton immediately..
There is no legal requirement to have a restriction plate or sticker attached to any bike stating its capped to 33bhp. That copper is taking the **** out of you, and you need to go down the local police station with a bike lawyer now.

If the vehicle does produce the 33bhp as required by law, then the police have to give the bike back to you, and any towing and storage costs MUST be paid by the local force.. not you...If they tell you to pay the costs, sue them for unlawful theft of a legal insured bike, and other incurred costs.. And always put in a complaint.. But you should have got some paperwork given to you at the time when the vehicle was seized. It's procedure, and the the paperwork has to be completed at the scene, with a copy going to you before you say bye bye to it..

And don't ask to see the officer who siezed the bike - always go to the top of the tree. It's the only way you get results m8

mbk, the sgt is the one who gave the advice (plod asked sgt) sgt said must have blah (wrong) sgt should carry the can and at least be sent on the morons are us learn your job course

Originally Posted by Flameboy

It is restricted. i've had NOthing from the police, seized it on the spot. the two police that pulled me originally had no idea about the "plate" untill the sarge turned up and called someone who told him there needed to be one... unless he writes the laws i fail to believe it myself. we'll see though they're going to test it and get back to me tues/wed. Nice walking commute until then? I did ask the police for a curtsey car but you know what the budget's like these days, had to cover the cost of all 3 of them waiting for the garage to come collect the bike.

Originally Posted by davepreston

mbk, the sgt is the one who gave the advice (plod asked sgt) sgt said must have blah (wrong) sgt should carry the can and at least be sent on the morons are us learn your job course

DP - read the post. The Sgt turned up and called someone who told him there needed to be one. But yeah, the advice given to him was still wrong.

sorry mbk my mistake ,***** on phone needs to attend above said course