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

[Red Herring]

Small world!

Come on guys, we're all glued to this! Throw us a bone!!

i have never been so glued to a thread

my 33bhp on the way in a couple of weeks

[Red Herring]

Honestly folks, there's no sub-plot. Ralph bumped into the Inspector that is sorting all this out and this thread obviously came up in the conversation. Hopefully there might be some good news tomorrow after he's inspected Flame's bike which he obviously has to do before he can progress things.

[skeetly]

Originally Posted by Red Herring

after he's inspected Flame's bike .

Nice to see an inspector doing his job

[yorkie_chris]

Inspect it as in inspect the damage, or the serial number on ECU?

[Red Herring]

I'd like to think both.

One thing he apparently said was his officers legally seized his bike, i dispute that, i thought some kind of form was supposed to be issued or is that balls?
If no form or receipt was issued, how can that be legally seized.

Originally Posted by specialone

One thing he apparently said was his officers legally seized his bike, i dispute that, i thought some kind of form was supposed to be issued or is that balls?
If no form or receipt was issued, how can that be legally seized.

Something I've just read up on wiki, after being told PACE had been used to seize my bike.

• PACE Code A: deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of such a stop or encounter.[7] On 1 January 2009, Code A was amended to remove lengthy stop and account recording procedures, requiring police to only record a subject's ethnicity and to issue them with a receipt.[8]

No such receipt was given to me.

http://en.wikipedia.org/wiki/Police_...dence_Act_1984

[timwilky]

RH, I know you are old bill so should be used to working within legal guidelines. I am at a loss to understand just how the police establish compliance with the 25kW requirement?

As well you know, I have previous experience of vehicle testing for type approval. Embee is knowledgeable on dynomometer testing. Both of us agree that there must be an approved method to establish the power output and assume that the same EU methodology would apply for type approval as for evidential purposes.

Unless the testing took place at one of the few research facilities that are equipped with the specific equipment required to perform a full compliant test and by the staff with the appropriate qualification and experience to conduct an evidential test. and repeated sufficiently to have confidence in the results. Then any testing is invalid and even worse likely to send a message to those under license restriction of ride what you want, the police cannot prove anything.

This particular 25kW requirement is badly framed in law. You cannot dictate a set of parameters without defining exactly how those parameters should be measured. This is equivalent to saying thou shall not drive with more that 80mg blood alcohol.

so is that 80mg of alcohol in your blood. of course not it is 80mg per 100mL. They are starting to give you some more meat for those bones. However, there are evidence handling rule you have in how the blood is taken. How the alcohol levels are measured and how the lab that does the test, conducts it.

All we ask is comparative fairness. Can the police prove the same rules of evidence handling and measurement apply? Otherwise, the law in its current form is unenforceable and the CPS would have to walk away from all prosecution. I know fishtits said the onus was upon the rider to prove his compliance with the law. But clearly the rider is being asked to prove the unprovable.