Gardai seizing unrestricted bikes

jameshayes

I doubt in all honesty the lads are going after bikers who drive bikes that are 34-50bhp, it's more likely that they are going after youngfellas that drive larger sports or supersports that put out 70+bhp

And in those circumstances it would be quite easy to tell if the bike is restricted - and regardless of optimal conditions being present it would be obvious that the bike is putting out more than 33bhp

cantdecide

bladespin wrote: »

Probably caused by that idiot there a couple of weeks ago.

What idiot??

pa990

maybe a mod could merge the two threads

KamiKazi

cantdecide wrote: »

What idiot??

If rumours are to be believed some lad came off while running from the cops, but they're just rumours

bladespin

KamiKazi wrote: »

If rumours are to be believed some lad came off while running from the cops, but they're just rumours

A little more than that behind them but suffice to say it was bound to happen at some stage.

spartan1

paddy147 wrote: »

A garda cannot leggally take the bike and ride it,as they are not insured to drive the car or ride the bike that they sieze.

Not alot of people know that.

erm ya they can, thats like saying a mechanic cant take your car for a spin after servicing it in a main dealer to see if its still rattling

did your mate tell you this or are you legally learned ?

Cuddlesworth

KamiKazi wrote: »

Yes but using your speed camera analogy the device here would be the dyno and there are just so many variables that you could have it invalidated as evidence without a whole lot of hassle.

And as far as I know the new legislation about calibration does not reach out to dynos only speed detection devices.

I'm not focusing on speed cameras. I'm saying that if a Guard went up in court and said its unrestricted, is up to you to provide the dyno, calibrations, engineers report etc. The burden of proof is on you. It was brought in for motoring offenses and is not limited to just speed cameras.

TheDriver

one guy had 11 days to go on his 2 years post test and his bike was seized etc. Its happening.
REason I set up this thread is I don't want to get bogged down in Garda does and don'ts but rather whats happening down here in Cork

pa990

the reality is..
It's happening.. The gardai are entitled to do what they're doing.

And every rider out there need's to be aware that they should only be riding what they are entitled to ride.

Del2005

omerin wrote: »

Cant see how a guard can prove that a bike is retricted by riding it,

Very easy. Unless it's a factory restricted, which can be easily proven, once you ride it for few seconds any biker will know if it's restricted. The bike won't rev out properly, this could depend on the restriction method I suppose.

Or if they are really mean they could just take it to a long road and open it up. A bike putting out ~25kw will struggle to reach the higher end of the speedo while a full power one won't.

NC27

I have been looking for a bike for the last few months now (my first bike) and i just got one yesterday...woohoo.
Most (not all) of the bikers i know are riding 600cc unresriticted bike's on restricted licence's and everyone of them thinks im mad for restricting my 400cc bike. So im not really suprised the guards are doing this considering the amount of bikers who are not restricting their bikes.

KTRIC

Threads merged and renamed.

Stainless_Steel

Question: if a garda has no reasonable suspicion that you're on an unrestricted bike, then can he legally take your bike for testing (test drive or impound) ?

I have a factory restricted bike so any inspection welcome

But by god he would not be riding my bike. Swallow me keys so I would.

Teddy Daniels

Stainless_Steel wrote: »

Question: if a garda has no reasonable suspicion that you're on an unrestricted bike, then can he legally take your bike for testing (test drive or impound) ?

I have a factory restricted bike so any inspection welcome

But by god he would not be riding my bike. Swallow me keys so I would.

did you read the thread?

Stainless_Steel

Teddy Daniels wrote: »

did you read the thread?

Yeah. Don't see anyone mention if gardai need reasonable suspicion...

cantdecide

Stainless_Steel wrote: »

Yeah. Don't see anyone mention if gardai need reasonable suspicion...

In other words, without the presence of dangerous behaviour or excessive speed etc, can a Garda simply have a hunch that if you are on a prov license or a restriction that you are illegal and you must now prove at your own expense that he's wrong.

In other words guilty until proven innocent.

I very much suspect that rules are being bent.

Teddy Daniels

They only need suspicion or to form an opinion for any check. I still think it's all balls but if he has caught a load of lads then his super will back him.

TheDriver

His super will back him until someone important makes a call to him to stop harrassing bikers!

pa990

TheDriver wrote: »

His super will back him until someone important makes a call to him to stop harrassing bikers!

i cant wait till someone important makes a phone call telling the garadi to stop harassing speeders, and drunk drivers and .......


As long a a garda is operating within the legal parameters, the super can't tell him to stop doing what he's doing

bladespin

TheDriver wrote: »

His super will back him until someone important makes a call to him to stop harrassing bikers!

I don't see how that's harassing bikers, if anything it's protecting us from the idiots who ride without the correct license and tar us all.

TheDriver

oh indeed, I agree but the apparent heavy handedness is causing concern e.g. guy with 11 days to go until 2 years are up got his bike taken off them. Its discretion that needs to be used at times. He is of course within his rights but they need to target the pure clowns and fools around and get people actually going for their tests

Del2005

cantdecide wrote: »

In other words guilty until proven innocent.

Yep that's the basis of driving. Several motorist in the UK took their Fixed Charge Penalty Notices to the EU courts, as they where being expected to self incriminate themselves, and lost. The EU came back with driving is a privilege not a right and the UK government won.

cantdecide wrote: »

I very much suspect that rules are being bent.

I don't see what the problem is. If your bike is restricted and a Garda takes it for a spin and crashes you're covered by the Irish Goverment. If it's not restricted tough.

pa990

maybe it is the clowns and idiots that they are stopping..

Idleater

Del2005 wrote: »

Yep that's the basis of driving. ...


I don't see what the problem is. ...

erm, sorry to go off topic, but your quotes "by" me were not by me.

The Nutty M

TheDriver wrote: »

oh indeed, I agree but the apparent heavy handedness is causing concern e.g. guy with 11 days to go until 2 years are up got his bike taken off them. Its discretion that needs to be used at times. He is of course within his rights but they need to target the pure clowns and fools around and get people actually going for their tests

While it's hard luck to have been caught 11 days before his restriction ends,the guard formed the same opinion as myself I'd say that he never had any intention of getting any bike restricted that he rode.Fair do's to the bike cop,long may it continue,then my insurance will come down that little bit more.:)

KamiKazi

The Nutty M wrote: »

While it's hard luck to have been caught 11 days before his restriction ends,the guard formed the same opinion as myself I'd say that he never had any intention of getting any bike restricted that he rode.Fair do's to the bike cop,long may it continue,then my insurance will come down that little bit more.:)

I do agree with you that it makes little difference if he had 11 or 111 days left on his restriction, my problem is with the restriction law itself and how much of an arseways approach it is to making biking safer.

Del2005

nereid wrote: »

erm, sorry to go off topic, but your quotes "by" me were not by me.

Ops, sorry about that I've no idea how that happened:o:o I've fixed my post.

Krusty_Clown

So, if the Gardai are not wearing appropriate bike gear at the time, are we supposed to handover our helmets, gloves, bike jackets, bike jeans and boots? (images of Terminator 2 spring to mind).

I can't believe that a Garda would be permitted to ride a motorcycle without a helmet under any circumstances and I also can't believe there would be any legislation that would oblige me to provide my helmet to a Gardai for his/her use (inspection, sure, but use?).

pa990

Krusty_Clown wrote: »

So, if the Gardai are not wearing appropriate bike gear at the time, are we supposed to handover our helmets, gloves, bike jackets, bike jeans and boots? (images of Terminator 2 spring to mind).

I can't believe that a Garda would be permitted to ride a motorcycle without a helmet under any circumstances and I also can't believe there would be any legislation that would oblige me to provide my helmet to a Gardai for his/her use (inspection, sure, but use?).

It's a guy on a garda motorbike that is checking the bikes.
He has all the gear himself

bladespin

A garda isn't required to have or use the gear, even a helmet it's at their disgression if they want to ride without it, thay are not bound by the traffic law while performing their job.