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Old 07-01-08, 10:06 AM   #1
timwilky
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Default hyperthethical legal question

To the best of my knowledge the law does not require that riders on restricted licences must have a certificate to prove the bikes power and simply states that they are restricted to riding a motorcycle of less than 33BHP.

The basis of English law is that guilt must be proven. Therefore for a successful prosecution for breaching a restricted licence. The police/ CPS etc. must prove that the bike was in excess of 33BHP.

Therefore why do people worry about certificates/dyno prints etc.? Plod isn't going to go to the expense of testing a restricted bike just in case, unless there has been a serious incident involving the bike.

Secondly at what point is this mythical power outage to be measured. crank or back wheel?.
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Old 07-01-08, 11:09 AM   #2
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Default Re: hyperthethical legal question

Its the insurance companies that demand the proof isn't it?
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Old 07-01-08, 11:13 AM   #3
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Default Re: hyperthethical legal question

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Originally Posted by tomjones2 View Post
Its the insurance companies that demand the proof isn't it?
Very few of them do, and they're usually the crap and expensive ones.
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Old 07-01-08, 11:14 AM   #4
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Default Re: hyperthethical legal question

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Originally Posted by timwilky View Post
crank or back wheel?.
I think its on the DVLA site they specify net power output, so back wheel.
They wouldn't be able to measure at the crank anyway, other than by guessing it as some dodgy dyno's do, and even I could pick that to bits in court.

Also, do the police have the power to sieze your bike to test it? Is it VOSA do the power checks?
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Old 07-01-08, 01:09 PM   #5
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Default Re: hyperthethical legal question

Then, what sort of dyno? 33bhp on a Dynapro isn't the same as 33bp on a Factory Pro or 33bhp on a DJ200. In fact, 33bhp isn't the same on any 2 DJ100s And then, what if it's some fragile bike, frinstance you're riding a 19xx Rudge, putting it on the dyno might explode it.

But, what I suspect they would do is rather than dynoing the bike is check it for restriction, ie check carbs for restrictor washers etc, or part numbers on ECUs- well within their abilities. This is how insurance assessors do it, that's why you're not safe just because your bike's a wreck.
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Old 07-01-08, 01:11 PM   #6
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Default Re: hyperthethical legal question

So if you have some homemade restrictor? Then what?
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Old 07-01-08, 01:26 PM   #7
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Default Re: hyperthethical legal question

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So if you have some homemade restrictor? Then what?
you are too clever for your own good?
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Old 07-01-08, 01:35 PM   #8
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Default Re: hyperthethical legal question

If the DVLA says net power then wouldn't that be at the crank? Would the back wheel be Gross power, like net weight and gross weight or am I talking crap now?
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Old 07-01-08, 03:38 PM   #9
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Default Re: hyperthethical legal question

Net = "remaining after all deductions"

I see that as power getting down to the wheel
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Old 07-01-08, 07:54 PM   #10
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Default Re: hyperthethical legal question

Basically the way I see this law is you are very unlikely to get pulled for riding a unrestricted bike with a restricted licence. Even with a farily switched on copper I think they only way they would start asking real questions is if you were pulled much over 100 or you caused a big accident and the insurance company were worming there way out of paying.
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