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Old 19-11-12, 10:07 PM   #21
-Ralph-
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Default Re: Another test question.

I'd love a definitive answer on the 400cc thing too. I posted a link in Ruffy's thread that said the same a few days ago. I accepted Ruffy's research at the time, it being more comprehensive than my quick google, but that image looks to be a scan from a magazine, and you'd expect them to have researched it fully.

No smoke without fire? Even if there is indeed no 400cc limit, it seems to be a common enough misconception, that how many coppers will think there is??
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Old 19-11-12, 11:30 PM   #22
Ruffy
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Default Re: Another test question.

Quote:
Originally Posted by -Ralph- View Post
I'd love a definitive answer on the 400cc thing too.
I've just looked up the text of the 3rd European Driving Licence Directive, which is the legislation that enables these changes.

I hope the link works but the categories are defined on page 4 of the pdf: Article 4, 3(b) defines Cat A2 and there is no mention of capacity.

Interestingly the UK appears to have adopted ages that are 1 year later than the minimum laid down in the directive except for Cat A direct access. Will now go hunting for the UK SI to confirm no other "extras".



Edit: Found the UK SI that enacts 3EDLD into UK law. It's The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012. Schedule 3 (pages 7/8 of the pdf linked here) Item 2(a) defines Cat A2 just as the Eu Directive i.e. without any mention of absolute capacity limit.

I'm no lawyer but, based on these, I'd stand in court and defend against an allegation of riding over 400cc on a restricted licence. Until we have some case law I don't think we can get any more definitive, but I believe any mention of 400cc is wrong, plain and simple.
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Last edited by Ruffy; 19-11-12 at 11:50 PM. Reason: UK SI detail added
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