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Ignoring the 2 year 33bhp restrcition?

  • 10-04-2009 1:12am
    #1
    Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭


    I just passed my test but i'm raging I still have to wait 2 years until I can ride unrestricted legally. My bike has a throttle restriction which is easily removed. I have taken it off a few times for trips but generally I leave it on all of the time.

    A lot of guys though just ignore it and ride full power bikes even though their 2 years is not up.

    Do you do it? Did you do it? Or were you 100% law obiding?

    Are there many stories of people getting caught?I've never heard of anyone...


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Comments

  • Registered Users, Registered Users 2 Posts: 6,236 ✭✭✭Idleater


    The one problem that could affect you most is that in the event of any accident the gardai can remove involved vehicles for later inspection by themselves or any insurance company (or assessor).
    In such a case they may be within their rights to pursue you for any and all costs if they believe you were riding on a bike that 1) you modified significantly without informing them and 2) were not licenced to drive at the time.
    The problem with the period just after passing any test is overconfidence. Personally i'd drive restricted for at least one year after the test because in the grand scheme of things it won't affect you that much and you are really still learning.
    In fairness, the test is hardly an accurate portrayal of any sort of real life riding? Do the RoSPA test for a sense of achievement.


  • Registered Users, Registered Users 2 Posts: 5,918 ✭✭✭Steffano2002


    I won't lie to you, I never bothered restricting my first bike (Bandit 600). But I knew I'd be in trouble if I ever caused an accident and it's not nice having that "Sword of Damocles" hanging over your head...

    Be legal. The alternative is just not worth the risk...


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    As far as I can see, its VERY common to remove restrictions early. That still dont make it legal. I agree, your biggest issue would be with an insurer, if you had a big claim and they decided to get sticky.

    I only know of one attempt at prosecution, and I dont know the result.


  • Registered Users, Registered Users 2 Posts: 221 ✭✭jonnner


    Zascar wrote: »
    I just passed my test but i'm raging I still have to wait 2 years until I can ride unrestricted legally. My bike has a throttle restriction which is easily removed. I have taken it off a few times for trips but generally I leave it on all of the time.

    A lot of guys though just ignore it and ride full power bikes even though their 2 years is not up.

    Do you do it? Did you do it? Or were you 100% law obiding?

    Are there many stories of people getting caught?I've never heard of anyone...

    Are you commuting on it daily? If so I would leave it on and maybe take it off for the occasional non-commuting trip.
    Or....Keep the throttle-stop in your pocket and throw it on the road when you are hurtling threw the air so you can say it fell off on impact when the car pulled out in front of you!


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    I never had my bike restricted either. But I knew the trouble I would have been in if I had of been caught


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  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    jonnner wrote: »
    Are you commuting on it daily? If so I would leave it on and maybe take it off for the occasional non-commuting trip.
    Or....Keep the throttle-stop in your pocket and throw it on the road when you are hurtling threw the air so you can say it fell off on impact when the car pulled out in front of you!
    Hahaha good idea!

    I commute most days but even restricted there is plenty of power for that journey. Taking it on/off is just a case of unscrewing a bolt and pushing a piece of metal to the side.

    I did actually get stopped by the cops once when I had just got the bike. It was still on UK plates (I had already paid the VRT but I just had not got the Irish plates made up). The enquired if it was restricted, even started it up and revved the nuts out of it, and said "That's not restricted..." I just said I had a cert and would be happy to show it at a garda station. They were pretty sound and let me go but since then I have only taken it out a few times on rideouts.

    Does scare me though just in case I did have an accident when it was unrestricted...


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    Zascar wrote: »
    Hahaha good idea!

    I commute most days but even restricted there is plenty of power for that journey. Taking it on/off is just a case of unscrewing a bolt and pushing a piece of metal to the side.

    I did actually get stopped by the cops once when I had just got the bike. It was still on UK plates (I had already paid the VRT but I just had not got the Irish plates made up). The enquired if it was restricted, even started it up and revved the nuts out of it, and said "That's not restricted..." I just said I had a cert and would be happy to show it at a garda station. They were pretty sound and let me go but since then I have only taken it out a few times on rideouts.

    Does scare me though just in case I did have an accident when it was unrestricted...

    You let a guard start your bike and rev the tits off it?! :eek::eek::eek:


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭murphaph


    I rode unrestricted tbh. The law only requires the bike to be within the 0.16kW/kg ratio so many bikes over 25kW (33bHP) are still legal and the law is completely ambiguous when it comes to determining what weight. It specifically does not say design weight or factory weight. It has never been tested in court as far as I'm aware, probably because nobodu could be prosecuted under such a loose piece of legislation which appears to have been hurried through to get us compliant with the 2nd EU driving licence directive.

    Your bike also has to have its power output confirmed because the law doesn't specify 'manufacturers spec' for the power figure and if it's in bits on the side of the road that's easier said than done.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Bryn wrote: »
    You let a guard start your bike and rev the tits off it?! :eek::eek::eek:
    He asked me to start it up, then revved it - probably hoping to see a slow smooth restricted rev range - which there was not - which is why he did not believe me when I said it was restricted. He could have taken the bike off them then and there but let me go...

    Phew!


  • Registered Users, Registered Users 2 Posts: 6,236 ✭✭✭Idleater


    Zascar wrote: »
    He asked me to start it up, then revved it - probably hoping to see a slow smooth restricted rev range - which there was not - which is why he did not believe me when I said it was restricted. He could have taken the bike off them then and there but let me go...

    Phew!
    I'd say they were trying to scare you into admitting it wasn't restricited. Under no load there will be no difference in engine note or feel between a restricted and non restricted bike.

    I had a restricted sv650 and swapped in and out the ecu. The only difference was the power from 5000 rpm up. below that there was very little in it.


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  • Registered Users, Registered Users 2 Posts: 19,533 ✭✭✭✭Krusty_Clown


    I had a gardai give me two penalty points a couple of years ago (60 in a 50). He correctly surmised that my bike needed to be restricted for another two weeks. He told me that the Gardai had no way of checking to see if a bike was restricted or not, without having a go. Then he asked me for a go..

    I said no.
    :)


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    I have heard of people been asked to produce a restriction cert at a garda station but i have never heard of anyone getting in trouble for not having one or an insurance claim not being payed because of no restrictor fitted. But their are a couple of new insurers in the market now and quinn direct particularly have a reputation of doing anything to avoid paying out on a claim, so they may react differently to other insurers in the past.


  • Registered Users, Registered Users 2 Posts: 535 ✭✭✭Dorsanty


    He told me that the Gardai had no way of checking to see if a bike was restricted or not, without having a go. Then he asked me for a go..

    I said no.
    :)

    Damn right. Did he try and argue the point though, or issue threat of removing your bike from you?

    I'd definitely fight it myself. Although only 1 month left on license restriction now for me.


  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    i bought me bike the day after passing test. Was on 125 cruiser. Got meself bandit 6 restricted. 2 weeks later the restrictors fell out


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    Dorsanty wrote: »
    Damn right. Did he try and argue the point though, or issue threat of removing your bike from you?

    I'd definitely fight it myself. Although only 1 month left on license restriction now for me.

    The problem is that YOU have to prove that you are licenced and insured to ride/drive whatever vehicle you are on/in. Riding/driving is a privilege not a right. If you can't prove you are legel, they have the power to sieze it. Good knows how you'd prove you are legal if they ignore the cert you have.


  • Registered Users, Registered Users 2 Posts: 535 ✭✭✭Dorsanty


    Del2005 wrote: »
    The problem is that YOU have to prove that you are licenced and insured to ride/drive whatever vehicle you are on/in. Riding/driving is a privilege not a right. If you can't prove you are legel, they have the power to sieze it. Good knows how you'd prove you are legal if they ignore the cert you have.

    I accept that I have to have my stuff in order but I'm not going to be happy about any guard thinking they can hop on and have a go. To the point of fighting that situation tooth and nail.


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    Del2005 wrote: »
    The problem is that YOU have to prove that you are licenced and insured to ride/drive whatever vehicle you are on/in. Riding/driving is a privilege not a right. If you can't prove you are legel, they have the power to sieze it. Good knows how you'd prove you are legal if they ignore the cert you have.
    Fair enough but if they want to impound my bike they can call a truck, i will not hand over keys or helmet to a garda i don't know.


  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭murphaph


    Del2005 wrote: »
    The problem is that YOU have to prove that you are licenced and insured to ride/drive whatever vehicle you are on/in. Riding/driving is a privilege not a right. If you can't prove you are legel, they have the power to sieze it. Good knows how you'd prove you are legal if they ignore the cert you have.
    The only things a Garda can do in this area are;
    Request your name and address on the spot
    Request to see your tax disc on the spot
    Request to see your insurance certificate presented to a Garda station of your choice within 10 days.

    That's it. That is all they are allowed to do! They can't ask for a restriction certificate because the Road Traffic Act doesn't give them the legal right to do so. It is up to THEM to prove you are in breach of a law, be that riding unlicenced or whatever. We don't live in a totalitarian state just yet and the Gardai must act within the law.

    I was talking to a Garda recently and he was telling me a lot of drink driving cases had been thrown out because the Gardai had set up their checkpoints and then seen somebody driving suspiciously, chased after them, breathalised them away from the checkpoint and they failed but because the law is structured the way it is, the cases were all thrown out as the specimen of breath was obtained illegaly. Many others have been thrown out because Gardai failed to open the litle plastic tube from it's airtight packaging in the presence of the accused. They have to do this as the tube could have alcohol in it otherwise.


  • Registered Users, Registered Users 2 Posts: 19,533 ✭✭✭✭Krusty_Clown


    Dorsanty wrote: »
    Damn right. Did he try and argue the point though, or issue threat of removing your bike from you?
    No, he didn't. He was joking.. Mostly.. Said he was a biker himself. Unfortunately his fraternity didn't extend to not giving me the two points.


  • Registered Users Posts: 13 navigatoroneill


    the way i see it is, if you have a little slide then they'll not look too close, not worth their while but if you have a big off with say big healthcare costs to pay either for yourself or someone else then thats when they'll take a closer look and then you'd be shagged in all sorts of ways. Not worth it. Just spend the two years honing your skills and saving and dreaming of that lovely CBR600RR, R6, Ninja 600, etc.


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  • Registered Users, Registered Users 2 Posts: 129 ✭✭uncle betty


    Was chatting to a dealer recently who says - the 2-year thing is all a load of ****e.

    It's not a legal requirement at all, it's merely a European directive. It's what they'd like to do, of course. but it has no force in law.


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    Was chatting to a dealer recently who says - the 2-year thing is all a load of ****e.

    It's not a legal requirement at all, it's merely a European directive. It's what they'd like to do, of course. but it has no force in law.
    Was he trying to sell you a bike? :p


  • Closed Accounts Posts: 2,407 ✭✭✭Quint


    I never had my bike restricted in the 2 years after the test. I was stopped twice. Once the guard asked if it was restricted, I said no (cos i'm a big idiot) and he told me to produce my restriction cert and insurance at a garda station. I went down to the station a few days later, produced the insurance and told the guard i'd produce the restriction cert in a few days, they said "what's a restriction cert?". Never produced it, and never heard anything.
    Was stopped a few weeks later (in the exact same place funnily enough) and the guard asked if it was restricted. I said it was, and he said "fine" and let me go.
    If you carry your licence, insurance and tax, and all are up to date, be nice to the guard and tell him if restricted if he asks, you'll be grand.
    My da worked in a motorcycle shop for 15 years and said they restricted 1 bike in that time. Also, some insurance companies don't recognise them, so if you have a restricted fireblade, it'll still be considered the highest insurance group.


  • Registered Users Posts: 900 ✭✭✭paulieeye


    EvilMonkey wrote: »
    Was he trying to sell you a bike? :p

    was that down pearce st by any chance?


  • Registered Users, Registered Users 2 Posts: 129 ✭✭uncle betty


    paulieeye wrote: »
    was that down pearce st by any chance?

    Is correct.

    Is he right though ?


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    Is correct.

    Is he right though ?
    No
    Of course its a legal requirement its on your licence take it out have a look at it. If you are on a restricted licence driving unrestricted you are effectively driving without a licence which is an offence that is most definitely enforced in law.
    Also take a look at your insurance policy somewhere in there it will say you must be licenced to drive the vehicle.
    Its not enforced by the guards because their is no quick and easy way to check, just dont give them a reason to look into it further and you will get away with it.


  • Closed Accounts Posts: 54 ✭✭randomway


    EvilMonkey wrote: »
    No
    Of course its a legal requirement its on your licence take it out have a look at it. If you are on a restricted licence driving unrestricted you are effectively driving without a licence which is an offence that is most definitely enforced in law.
    Also take a look at your insurance policy somewhere in there it will say you must be licenced to drive the vehicle.
    Its not enforced by the guards because their is no quick and easy way to check, just dont give them a reason to look into it further and you will get away with it.

    ..until you crash and the bike is inspected by the insurance co.


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    randomway wrote: »
    ..until you crash and the bike is inspected by the insurance co.
    Agreed thats why i said
    Take a look at your insurance policy somewhere in there it will say you must be licenced to drive the vehicle.
    and earlier in this thread
    But their are a couple of new insurers in the market now and quinn direct particularly have a reputation of doing anything to avoid paying out on a claim, so they may react differently to other insurers in the past.

    The other thing is the guards could decide to clamp down on it at any time.


  • Moderators, Education Moderators Posts: 1,863 Mod ✭✭✭✭Slaanesh


    I got my fazer derestricted after I got my full license.

    However, when the council issued my license they didn't specify a 2 year restricted period, I received a fully unrestricted license for 10 years ... nice.


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  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Cool, lucky you! I wonder if you got stopped, would they question it? Does the 2 year tule overrule the licence, or if you licence does not have any restrctions, are you good to go?

    I just passed my test and have not yet sent off for my new licence (need passport photos and then i'll send off). Anyway, I was looking at the cert - and there is a section on it for restrictions, but none of them are ticked. I wonder if I will get the same, and get a normal unrestrcited licence?

    Fingers Crossed!


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