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

so can they still take your bike off you if you have a certificate ?????

[Biker Biggles]

Years ago I had my car impounded after a serious accident and got it back the next day with a clean bill of health.Thats understandable as the police were investigating a serious incident that had actually happened.What appears to be going on here though is they are taking this drastic action in order to investigate nothing in particular for the sheer hell of it.

so can they still take your bike off you if you have a certificate ?????

If there is reason to believe the bike isnt restricted, yes.

Flameboy some good news for there was an SV seized on the A442 between Kidderminster and Bridgnorth yesterday at about 6pm so your not alone unless that was you???

I have absolutely no idea what the procedure will be for the dyno testing. I don't know if the Force will have an accredited testing station or what. I assume there must be a company or somewhere designated as being suitable for evidential testing - AI could be responsible but I wouldn't have a clue. I would definately make sure that the OP doesn't lose out with regard to a damaged bike or tyre though so it's worth querying that. Perhaps take photographs and thread reading etc of the tyre prior to and after testing...?

Quick hypothetical scenario.... I pull a bike for manner of riding and want to speak with the rider, it's a big bike, not being ridden very well. The rider takes his lid off and looks about 12, wearing unsuitable biking clothing, straight away i'm thinking it's a bit unusual for someone so young and so seemingly inexperienced to be riding such a big bike. His appearance, his seemingly poor ability, and lack of suitable gear are pointing to a new rider. My suspicion is slightly hightened than had I pulled a 35 year old bloke, riding well, in top notch gear and clearly experienced.

The young rider is stand-offish with me, it all comes back taxed and insured but his license shows a restriction. When I quiz him on this he's quite cagey with me, he doesn't know much about the bike, it's restriction, who did it, when, the type of restriction, the make, model etc etc.

At this point i'm thinking I don't believe the bike is restricted. That's not to say it isn't, but everything about it is telling me it's not restricted. Call it a gut feeling if you like, but i'm forming a belief one way or the other. At this point I could seize his bike and be well within my rights to do so, purely because I believe - rightly or wrongly - it's not restricted.

I could;

a) seize his bike there and then because I believe he is driving other than in accordance, and leave him to come to the nick to prove otherwise. (He has to prove it remember), or;
b) give him the opportunity to produce a dyno-chart or letter from a garage which he thinks he has at home, and whilst not legally binding might reduce my 'belief' down a notch to merely 'suspicion'. In which case I no longer have grounds to seize it.

In terms of belief, see it as a sliding scale....

Belief (I believe in my mind its unrestricted)
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Balance of probabilities (I think it's probably unrestricted but not completely convinced)
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Suspicion (I suspect it might be unrestricted)
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No suspicion at all (I believe the rider)

Now to seize that bike I need to be absolutely sure in my own mind, for whatever reason, that the bike isn't restricted. I will give the rider every opportunity I can to prove otherwise and try and known my 'belief' down a couple of pegs to just a suspicion of restriction. If I only suspect, 50/50 say, then I can't seize it.

Carrying that letter or chart FOR ME PERSONALLY would be enough to knock my belief enough to not seize it.

Does that make sense... Or am I talking nonsense...? :S

Im going to photocopy my restriction certificate and keep it under the seat.
This is all handy info thanks everyone.

Hope it goes ok for you flameboy...i know 1st hand how certain members of the police will abuse their power.

Originally Posted by Fishtits

They haven't enforced a failure to produce a restriction certificate...

Cant enforce something that isn't real can you? I wouldn't be carrying a cert with me waste of time the only reason I carry my license with me is for proof of age

Originally Posted by BBadger

i know 1st hand how certain members of the police will abuse their power.

+1.


I know this one all too well.

Originally Posted by BanditPat

Cant enforce something that isn't real can you? I wouldn't be carrying a cert with me waste of time the only reason I carry my license with me is for proof of age

Which is what I said... There's no legal requirement.

Yeah that's fine if you choose not to have a copy, I'm only trying to offer an insight from the other side of the scenario as to how being able to produce it at the roadside might help your cause.

I gather there's a few Coppers here, maybe they'd like to comment on if they agree with me, or whether such a document would hold no weight whatsoever for them. Maybe I'm alone in my opinion on such a document being produced!