Looking for advice Options

[NC76]

My brother in law (yes, really) is needing some advice.

Where we live there is road which is for buses only. He took the chance on going through this road (using it as a shortcut) and was caught by a squad car.

Fair enough, it was a risk he was prepared to take. £60 fine and 3 points.

However, there is an issue. He was given a producer and has to show his documents at the local police station. He has his insurance, the bike is MOT's and taxed. But he's running on a provisional license. He hasn't sat his CBT.

Now, I passed my bike test 17 years ago and it was all very different. He came to me asking advice but I don't know how I can help?

Will he be alright? It's a 125cc scooter. Back in the day you could ride one of these on a provisional for 2 years - you were to sit your test within the 2 years. If you didn't I seem to remember that you would not be allowed to ride a small bike for 1 year? But then after the 1 year you could go another 2 years (when you should sit your test. As I said, it was a long time ago when I did my test and I know that it's all changed now.

Your help is much appreciatted.

Oh, and on the fine ticket they got his scooter registration wrong, but on the producer it is correct. Am I correct in thinking that he can have the fine ticket thrown out?
Although the main issue at the moment is the provisional licence.....

Thanks

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[P91]

Needs a CBT for anything over 50cc.

[jobo]

i thought you needed a cbt for anything

the are two issues here,,, the cbt which im assumming will be a not in accordance with DL offence worth three poiints ?

and the bus land/ road,, there may well be a defence to this or certainly a chance that its non endorsable, can you post upo picies of the signs please

This post has been edited by jobo: Sun, 13 Feb 2011 - 15:17

[P91]

i thought you needed a cbt for anything

You used to get category p when you passed your car test which allowed mopeds up to 50cc.

[jobo]

yea but you still need a cbt( i think)

[roadrunner 163]

CBT required for anything over a 50cc moped (Cat P) Moped required CBT if you didnt pass your full car licence befroe 2001. Offence will be driving otherwise than in accordance with a drivers licence. (endorsable)
Wrong reg on FPN will not help if this goes to court and contesting the FPN will cause the bib to do checks on the licence (assuming he wasn't asked to produce his CBT already) and will see him summonsed for the lot!

The bib may then investigate insurance issues which may or may not be an offence....

If a CBT was requested then it will be noticed that he failed to produce, if not then provided he says nothing as they didn't ask for it he wont need to produce the CBT.

This post has been edited by roadrunner 163: Sun, 13 Feb 2011 - 16:13

[NC76]

Thanks for the replies. The bus route thing is not a problem. He knew he was chancing his luck there. He's had a provisional for something like 23 years as he originally got it to pass a car test but never did. Was a CBT required back in 1988? I don't know as I passed mine when I was 17 and a CBT was required then (17 years ago) but I could go straight to big bikes - no staged license or what ever they call it now.

I'm thinking that he should cross his fingers when he goes to the police station...... A CBT was not asked for. He's been given a HORT. I believe that means he needs to show his insurance, MOT, tax? and more than likely license. Maybe he can convince them his scooter is a moped?....

Poor lad, he's even asked me to sell it for him now as he's quite worried.

[jobo]

im not sure of grand farther right on this, it would seem not, but someone will know

but

cbt are not that well know to the average beat copper, if he has only been asked to produce his DL, then do just that, try and pick a time of day wjhen the desk is manned by a disintrested civilian to produce and id be supprised if they pick up on it

your lettering the4 bus lane thing slip by, is it an endorsable toicket he has been given,,, myself id want to make sure the signage is correct for this to stand up in court

and id suggest get some picies, but if he isnt bother about trying to defend it, then just produce as required

[NC76]

Thanks. The bus route is actually at the end of our village so I'll take a walk up and photograph it for you. To be honest though, I don't think he's too bothered by it. It sounds like he should do as you say and walk in and hope for the best. If he contested the ticket he may well open up a can of worms and they'll look at everything a lot closer.

I'll give him a call and let him know the score.

Thanks again

[scbk]

As above, tell him to produce what docs he has, and keep his gob shut

And book a CBT or sell the bike!!

[Logician]

He will only get points for the most serious offence on the same occasion anyway, so 3 points for two 3 point offences. Fines for each though.

[roadrunner 163]

He will only get points for the most serious offence on the same occasion anyway, so 3 points for two 3 point offences. Fines for each though.

But its still a conviction with no separate penalty.

Insurance companies will be laughing all the way to the bank as you still need to declare the convictions.

that said on this occasion, they didn't ask so your not obliged to produce the CBT, regardless of what the desk officer asks.