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Old 25-04-10, 10:56 AM   #91
Milky Bar Kid
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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Originally Posted by Flameboy View Post
visited the police station last night, still no official paper work just a few numbers to contact the officer and a crime number scribbled down. I just got off the phone with the police officer who pulled me and he said:

"the burden of proof is on me to show that the bike is restricted, it's not for the police to decide"

The reason the bike was seized: It's a 650 and i couldn't prove it was at the correct power output for my license

He now says, a certificate or plate is not required by law but if stopped by the police you should be able to prove that the bike is restricted (a vehicle inspector told them about the "plate" REQUIREMENT.. that does not exist)

SO, it's not a requirement by law but if stopped the police can seize your bike for not having one? Great.


and I received no paper work because that would allow me to get the bike back, and that's not going to happen until he has had it tested, he thought he'd given me contact details and when i said he hadn't he went onto saying "you were talking to me for an hour and I'd assumed you'd taken my number and name from my uniform"


Waiting until Monday now when they test my bike, or should i be going back down to the police station?

My first run in with the police out on the road, I'll be making sure to check a few things next time this happens.
Like I said, I would be wanting to speak with at least a Sergeant, if not an Inspector. Ask them to explain exactly what legislation they have used to seize the bike and what powers they have to test it.

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Originally Posted by Drew Carey View Post
Personally.....I would still be wanting to speak to his superiors. That is not acceptable in my view.
Sorry bug bear time...no such thing as superiors, just cos they get paid more, doesn't mean they are better than me!!! Senior Officers if you please!
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Old 25-04-10, 11:00 AM   #92
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Just totally unbelievable - I'm getting more and more disillusioned with this country - Justice! Equity! what happened to them? I would be straight onto the TV news!
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Old 25-04-10, 11:01 AM   #93
yorkie_chris
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I'd listen to MBK about talking to that inspector...

If not I'd be finding a brief who's acquainted with what reasonable grounds to seize a vehicle are.
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Old 25-04-10, 11:23 AM   #94
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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If all is as written then it's disgusting. However I am confused about a couple of things about the incident.
Was Flameboy riding when asked to pull over, or already stopped and talking to someone at the side of the road? If riding, how on earth can they estimate how old e was with lid and gear on? If stopped how could they be sure he was riding said vehicle without proper license?
Just playing devils advocate for a mo - something is definately not right. No paperwork - not genuine police? or there was more to the stop than first suggested?
i recon they waited for him to ride off so they could confirm he was indeed the rider of said bike, as for being too young how hard is that to prove?
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Old 25-04-10, 11:27 AM   #95
tigersaw
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

It'll be interesting to see what happens if the bike is dyno tested, and shows to be more than the 33hp limit. For instance, when a bike is restricted, is it then tested, or is it just assumed to be correct?
I'm sure there is more to this story. The police don't just stop every bike and demand restriction information - they must have known it was required, so must have checked the license, and there must have been a conversation leading to their course of action.
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Old 25-04-10, 11:30 AM   #96
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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Originally Posted by tigersaw View Post
It'll be interesting to see what happens if the bike is dyno tested, and shows to be more than the 33hp limit. For instance, when a bike is restricted, is it then tested, or is it just assumed to be correct?
I'm sure there is more to this story. The police don't just stop every bike and demand restriction information - they must have known it was required, so must have checked the license, and there must have been a conversation leading to their course of action.

what like , god i'm bored let's pull him, what for , dunno looks a bit young to me, lol.
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Old 25-04-10, 11:31 AM   #97
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

At the time, i was sitting on the bike fully helmeted and geared, with a pillion. I also had my license with me as proof of age. the whole thing has distort my faith in the system, fair enough, they wouldn't be doing there job if they let something go and they were concerned but i think the way they've handled themselves is utterly pathetic i think the thing that has annoyed me the most is saying I'll be going to court and having to defend myself in front of a magistrate for not displaying a plate that doesn't exist, they should get their own facts and laws squared out.
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Old 25-04-10, 11:33 AM   #98
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

as said befor specialist bike solicitor is the way forward, wouldn't think you could lose.
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Old 25-04-10, 11:36 AM   #99
Messie
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Please don't misunderstand me Flameboy because I am only asking out of curiosity and whatever your answer the police have got something wrong IMO, but what were you like with them? Polite etc or a bit stroppy? I don't mean to offend but I find this action by the police quite shocking and I'm looking for explanations.
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Old 25-04-10, 11:36 AM   #100
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I didn't notice, but have you actually confirmed that the Police have got your bike - the lack of papers would be worrying me more than anything right now!

I hope they have, I'd hate to think you've been done by some scumbags
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