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Uninsured motor bike
A friend of my son's was stopped on his motorbike by the police and, not having any insurance, his bike was impounded. He'told me that he now has 7 days to provide proof of insurance, or his motorbike will be "crushed" and he has asked me to lend him �250. Please can anyone advise me if the police really have the right to crush his motorbike after 7 days, or maybe he's just trying to scam me?
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The power does exist and is being used more frequently.
It's hopefully starting to make people realise that they need insurance so that innocent victims of bad driving aren't left without vehicles and injured with no recompense due to those people that chose to drive without insurance.
It's the old adage... the one in the wrong walks away whilst the victim is left to cope by themselves.
How will the �250 help? He's surely not trying to get a false Certificate of Insurance and therefore commit further criminal offences, aided and abetted by you??
It's hopefully starting to make people realise that they need insurance so that innocent victims of bad driving aren't left without vehicles and injured with no recompense due to those people that chose to drive without insurance.
It's the old adage... the one in the wrong walks away whilst the victim is left to cope by themselves.
How will the �250 help? He's surely not trying to get a false Certificate of Insurance and therefore commit further criminal offences, aided and abetted by you??
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I don't see that giving him money now will solve his problem - if he takes out a policy with the money it will only be valid from now - the insurance company will not backdate it - perhaps it may save his bike from being crushed as in theory he will have a current insurance policy but will he also come to you when he gets a summons and more than likely a fine for the initial offence?
The power to seize vehicles from uninsured drivers is conferred on the police by Section 165A of the Road Traffic Act 1988, as amended by Section 152 of the Serious Organised Crime and Police Act 2005.
Unfortunately, simple reference to the relevant legislation doesn't make the post-seizure options clear. This is because the SOC&P Act is 'enabling' legislation which gives the Secretary of State the powers to lay down the precise rules. (i.e. the actual rules aren't in the Act).
However, as I read several web page references, a driver has 14 days to produce a valid insurance document. Also, as I read it, this document doesn't have to cover the date on which the driver was stopped and the vehicle was seized. This is because the seizure (and possible crushing) of the vehicle isn't the actual penalty for the offence. That will be determined by a court, at a later date, when the driver is prosecuted.
Also as I read it, the driver will have to pay �105, plus �15 per day for storage, before he can collect his vehicle. If he doesn't 'pay and collect' before the the 14 days are up, his vehicle will be disposed of. (If that follows the same rules as for non-taxed vehicles, low value vehicles are crushed while higher value vehicles are sold at auction with the money being retained by the authorities).
So, it would seem that your son's friend needs to pay for an insurance policy. Then he needs to pay to get his bike back. Then he'll need some more money to pay the fine which will be imposed upon him by a court at a later date.
Chris
Unfortunately, simple reference to the relevant legislation doesn't make the post-seizure options clear. This is because the SOC&P Act is 'enabling' legislation which gives the Secretary of State the powers to lay down the precise rules. (i.e. the actual rules aren't in the Act).
However, as I read several web page references, a driver has 14 days to produce a valid insurance document. Also, as I read it, this document doesn't have to cover the date on which the driver was stopped and the vehicle was seized. This is because the seizure (and possible crushing) of the vehicle isn't the actual penalty for the offence. That will be determined by a court, at a later date, when the driver is prosecuted.
Also as I read it, the driver will have to pay �105, plus �15 per day for storage, before he can collect his vehicle. If he doesn't 'pay and collect' before the the 14 days are up, his vehicle will be disposed of. (If that follows the same rules as for non-taxed vehicles, low value vehicles are crushed while higher value vehicles are sold at auction with the money being retained by the authorities).
So, it would seem that your son's friend needs to pay for an insurance policy. Then he needs to pay to get his bike back. Then he'll need some more money to pay the fine which will be imposed upon him by a court at a later date.
Chris
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A lot of police forces are now impounding vehicles without current insurance cover because they have found that they are often being used by criminals to move around the country to commit burglary and other offences. Anybody who owns a motor vehicle, whether car or motobike has a duty to insure it. What happened if they had an accident and killed or seriously injured somebody. This lad is not trying to scam you. I'm sure the police are correct and determined to teach him a lesson he won't forget. If he's old enough to drive a bike, he's old enough to accept responsibility for it.
I have a simalar story, I had just paid over �700 for a brand new 50cc Scooter (import), I had it delivered onto my street and it came with 7 days free insurance and was taxed.
I obviously wanted to make sure my bike was at the very least "working", So I started her up and drove to the end of my very small street and back again to my house.
I was stopped outside my house by a "on Bike" police oficer, I could't believe my luck!
He told me the reason he had stoped me was because there was no "PNC" on my bike and because of this he is now going to take my bike.
I was so shocked and tried to explain that I have proof of purchase and that it came with unsurance etc. The police officer was just ignoring everything I said!.
I even offered him to enter my house to see the documents.
He again, just ignored me.
I was getting a little upset and I mumbled the "F" word under my breath. He then grabbed me and pushed me up against a tree and said " If I hit you, you will know about it, now don't swear again". I was so scared!
I said" You have no right to intimadate me this way with your belly pushing me against a tree, jesus christ!"
He then slammed me again and cuffed me, he did not read me any rights and he then took me to the station for a charge of "public disorder"
I had to pay �105 plus 4 days charge of �12 per day to get my bike back. I am now waiting to go to court for prosicution.
It turns out that he should not of taken my bike.
I just think the law should allow a little time to allow space for whats known as the "cross over" ( when items are sold and there is a gap between the owners insurance details"
This police officer works at Stretford police station named " PC carter" If anyone as any dealings with this officer in the future and he treats you the same then please get in touch. Thank
I obviously wanted to make sure my bike was at the very least "working", So I started her up and drove to the end of my very small street and back again to my house.
I was stopped outside my house by a "on Bike" police oficer, I could't believe my luck!
He told me the reason he had stoped me was because there was no "PNC" on my bike and because of this he is now going to take my bike.
I was so shocked and tried to explain that I have proof of purchase and that it came with unsurance etc. The police officer was just ignoring everything I said!.
I even offered him to enter my house to see the documents.
He again, just ignored me.
I was getting a little upset and I mumbled the "F" word under my breath. He then grabbed me and pushed me up against a tree and said " If I hit you, you will know about it, now don't swear again". I was so scared!
I said" You have no right to intimadate me this way with your belly pushing me against a tree, jesus christ!"
He then slammed me again and cuffed me, he did not read me any rights and he then took me to the station for a charge of "public disorder"
I had to pay �105 plus 4 days charge of �12 per day to get my bike back. I am now waiting to go to court for prosicution.
It turns out that he should not of taken my bike.
I just think the law should allow a little time to allow space for whats known as the "cross over" ( when items are sold and there is a gap between the owners insurance details"
This police officer works at Stretford police station named " PC carter" If anyone as any dealings with this officer in the future and he treats you the same then please get in touch. Thank
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