sure i posted bout this in sept,

 

anyway story goes my friend went to ride a minimoto in a indusrial estate on a quiet sunday afternoon in sept, great fun, :tongue:

 

the cops turn up, they say your not doing any harm so its ok for you to carry on!! great

 

so they leave

 

the week after my friend goes there again but this time has a nasty accident falls of his bike and fractures his skull :cry:

 

calls the ambulance, they turn up with 6 coppers :shock:

 

so they breathalise my friend as he is spewing out blood in the ambulance :shock:

 

anyway 2 weeks after he has to go to the station for a formal interview he thinks nothing of it and tells his story,

 

just today 5months on he gets a letter to go to court for driving with out insurance :cry:

 

is there anyway out of this fellas??

was where he was ridung private land?

 

if so, they have no case but he could be done for trespass

Was he drinking? They cannot summons him to court for no insurance, as it is not a road legal vehicle, and cannot be insured as such! He can however be done for using an off road only vehicle on a public road! But i'm sure if it was 5 months ago, they can not do anything, plus he will have had to be formally charged by the police for an offence in the first place! At worst, if he does end up in court, he will he to pay the standard £75 rta ambulance fees! Plus £35 court costs!

there doing him for no insurance, and nope thank god he was'nt drunk,

 

but how on earth do you insure a vehicle that isnt allowd on the road and does'nt even have a v5 log book!!

You can't, was he formally charged then?

i have read somwhere he can have 6 points ffs !!

by formally charged do you mean notice of intended protecution??

 

he was told at the time that the police may get in touch with him, or if they dont dont worry.

 

surley that cant be an intent to prosecute can it??

I would seriously consider legal advice or at least CAB! I'm almost certain they can't do him for no insurance and 150% certain they can't do him if he wasn't charged in the first place!

Formally charged is when the police actually arrest you and tell you you are being charged! The words are Mr """""""", we are arresting you for """""""""""", you are then taken to the nick, a formal recorded statement is taken, wish you sign for, then they say, Mr """"""""" we are charging you with """"""""""""""""" and read you your rights! If its not a serious offence, they bail you to attend court and give you a date there and then!

I sound like i know this too well!!!!! I'm a good lad, honest!

insurance for 3party damages there trying to say, and it does'nt sound like he was charged at the time does it, deffo needs cab or better still a soliciter!!

sorry mate, but your friend is fooked.

 

the law states not only can they prosecute, but he could be fined, and have points on his licence

 

http://www.minimotosandmore.com/info_pages.php?pages_id=11?osCsid=de150898db7ca34a228ecb6dfeb2568a

nope they deffinetly didnt do that!!,

to add to T-Pots

 

Is it legal to use a mini moto on a public road?

 

A - No. All the Petrol Scooters are not intended for use on Public Roads or Paths. They are purely for use on private land or land where you have got permission to use them. To be able to use them on the roads they would need to be SVA approved. More info can be found here http://www.vosa.gov.uk/vosa/motorcycleowners/importingandbuildingvehicles/motorcyclesinglevehicleapprovalscheme.htm

 

i would have also thought being "drunk" in charge of any machine is an offence??

Third party damages is the ambulance fees and if he took out any signs or anything, that to! Direction signs cost £700! Trust me!

sorry mate, but your friend is fooked.

 

the law states not only can they prosecute, but he could be fined, and have points on his licence

 

http://www.minimotosandmore.com/info_pages.php?pages_id=11?osCsid=de150898db7ca34a228ecb6dfeb2568a

 

 

oh dear looks like trouble then, but they didnt give notice of intended procecution at the time!!

Was he drinking? They cannot summons him to court for no insurance, as it is not a road legal vehicle, and cannot be insured as such! He can however be done for using an off road only vehicle on a public road! But i'm sure if it was 5 months ago, they can not do anything, plus he will have had to be formally charged by the police for an offence in the first place! At worst, if he does end up in court, he will he to pay the standard £75 rta ambulance fees! Plus £35 court costs!

 

Where do some people get their information from?

 

Industrial site, I assume public access, requires insurance for the vehicle used, obviously was lucky with the first police attendance, normally get warned for using the minimoto, caught again, seize vehicle. Unfortunate that your friend fractured his skull but investigated to the same degree as an accident on a road. I suggest looking into vendor who sold minimoto and read their disclaimers, if you can proove they did not tell you you required insurance, take a case against them.

Yeah, but he wasn't drunk! To sum up, coppers are wa*kers! And the courts must not have made there money quota yet!

A NIP is not required at an accident!

Yeah, but he wasn't drunk! To sum up, coppers are wa*kers! And the courts must not have made there money quota yet!

 

Another well founded argument!

they dont have to....

all they do is report the offence, its then the cps who decide if it is worth taking on or not.

 

And if he had his rights read to him, that does NOT follow by being taken to the poice station.

 

The reason they are taking him on is, they are fed up with the use of these bikes, and they will use the fact that it took the resources of an ambulance crew and the police (who arrive as standard when an accident involving a vehicle is called for)

Yeah, but he wasn't drunk! To sum up, coppers are wa*kers! And the courts must not have made there money quota yet!

 

they are matey,

 

this sounds like to me they want to make an example out of him to show others :shock:

Not at accident no, but he went to police station to give a statement, they have to give him notice of intent there!

They do NOT have to give an nip mate......

Sorry fella's i been single for a while now and needed a good argument! Withdrawel!

Not at accident no, but he went to police station to give a statement, they have to give him notice of intent there!

 

yes in his interview he had his rights read to him, i didn see anything in there but he has a copy of the interview i will read it again :rolleyes:

Oh, that makes thing easier, sounds like he's in trouble! Can't believe it took that long though! How useless are they?!