You must be logged in to post Login Register

Search 
Search Forums:


 




Anyone got a rope?

UserPost

6:17 pm
November 19, 2009


Ian R

Member

posts 117

1

We will need to tie us all together on a ride out..MCN this week..


Motorcyclists at the head of a group of riders will face stiffer penalties for speeding under a crown court ruling.

Being the lead rider in a group is an aggravating factor making you partly responsible for speeding offences of those behind you according to the decision.

The ruling can be applied in any future cases where two or more motorcyclists riding together are accused of speeding. The head rider might be only a few mph over the limit but could be given the same penalty as the worst offender behind. 

Road traffic solicitor Robert Dobson said: “Any crown court decision can be stated in future cases. This is potentially a very dangerous judgement for motorcyclists.

“Riders in a group change position frequently.

“If you are riding at the front any group at excess speed, then the very fact you’re at the front is an aggravating factor.”

Ken Clark, 49, reached 85mph on his Yamaha R1 while leading a group of three riders on the 60mph A272 near Rogate, Sussex, last June.

The speed is within the usual threshold for a fixed penalty of three points and a £60 fine.

But Chichester Crown Court ruled he should receive the same penalty as a following rider accused of going 103mph.

Barrister notes on the ruling given to Clark after the hearing state: ‘Although his was the lesser speed, [the bench] found it an aggravating feature that he was the lead motorcyclist, was setting the pace and he knew that the other two motorcyclists would want to catch him up and would be speeding to do so.’

The court rejected Clark’s appeal against six points, a £100 fine and £250 court costs.

Clark said: “This should have been three points and a £60 fine but so far it’s cost me £2,500 including solicitors’ bills and I have six points on a licence which has been clean for the last 24 years.”

Clark’s solicitor, Philip Somarakis, said 103mph was the speed reached by a police officer on an unmarked bike while tailing Clark's two friends, but the prosecution accepted it was not possible to prove from video evidence that Clark himself had exceeded 85mph.

“The gist of the ruling is that to be a lead motorcyclist makes you somehow responsible for the actions of those behind you,” he added.

Gary Baldwin, former police motorcyclist and co-director of advanced riding school Rapid Training, said: “It's a dangerous precedent to suggest you are now responsible for someone who's in control of another vehicle.

“How do I control what they do? If someone is following me and I get in an overtake that they don't, they may go faster to catch up but that is their choice

6:44 pm
November 19, 2009


admin

Admin

posts 77

2

Seems to me that if you are gonna get slapped for someone else’s speed (when you yourself are speeding – but not as much as someone behind you) – then the only answer, if you accept that you are gonna get done big time, is to make it worth it and ensure you are the fastest man (or woman) around – 166mph every where anyone?

 But seriously – what’s the situation when leading a group but not speeding (obeying every single solitary motoring law there is, including not driving across a pavement), and the guy(s) behind you get caught speeding whilst trying to catch you up because they’ve got stuck at a junction, or had to wait for an overtake or some such similar impediment to progress.

 Do you get done for driving without due care and attention or encouraging law breaking or some other offence on the statutes?

 What about standing on the side of the road and clapping as bikes go past, could you get a fine and points on your licence for encouraging unruly behaviour when one of them shows off with a wheelie?

 I think I‘ll phone a load of biker pals to tell them to speed next time they are out – then turn up at the local police station and confess my sins

9:22 am
November 20, 2009


Ian R

Member

posts 117

3

The way this reads is that the leader has to be speeding as well. This was an unmarked bike and I'm sure the officer was not encouraging them to go any faster.Innocent

4:59 pm
November 27, 2009


fasth

Member

posts 79

4

Speaking personally I think everyone shares joint responsibility on ride outs………….in fact I would go so far as to say that if people choose to join such a subversive organisation as a bike club, then in my view, even people who are members of such a club but are not on the actual ride out, should also be prosecuted with the full force of the law!


Please try to remember that the officers of the law and indeed our world renowned legal system exsist to protect us all. 

5:24 pm
November 27, 2009


admin

Admin

posts 77

5

“Share joint responsibility on rideouts” – may I suggest it‘s not a good idea to share one’s joint on a rideout.

 It’s bad enough having a couple of “happy” riders out on bikes together. But it is downright dangerous of the police to encourage everyone to be squiffy – who’s going to keep an eye out for the motorist using their mobile (not hands free) whilst pulling out of a T junction.

 No, I don’t think we should encourage the sharing of joint responsibility, I think we should advocate: “enjoy joints responsibly”.

11:57 pm
November 28, 2009


bibickeybi

Member

posts 12

6

There is a petition on the Downing Street website to have this ruling overturned

http://petitions.number10.gov.uk/Lead-Biker-Fined/


About the Poynton Motorcycle Club forum

Currently Online:

5 Guests

Maximum Online: 39

Forums:

Groups: 1

Forums: 3

Topics: 393

Posts: 1311

Members:

There are 160 members

There are 1 guests

Top Posters:

Rob D - 133

Ian R - 117

brads15 - 112

TNT Tuff Nutt Tongie - 86

maccmanx - 80

fasth - 79

Administrator: admin | Moderators: admin, webmaster


© Simple:Press Forum - Version 3.1.3 (Build 356)