Grounds for appeal for riding non-LAM motorcycle? NSW

  • Kris
    Kris
    14 years ago

    I am the owner of a 2010 IRON 883 and am currently a P1 Provisional motorcycle license holder. I had a run in with the police on the weekend and would like some advice for my grounds for an appeal.

    I was outside my girl friends apartment waiting for her to bring the car park card for me to park my bike down stairs. I was standing next to the bike and it wasn't on.
    A highway patrol police car pulls up and questions me about my side mounted number plate, he then advises me that the number plate mount is illegal and if i ride away from here he will fine me and i will lose 3 points off my license. I then ask him if it's ok to ride the bike into the car park? He says YES.

    5 min later i get on the bike to ride to the car park and he pulls me over. He then issues me 3 fines.

    1. Riding a motorcycle greater than 660cc. $430 fine and 7 points.
    2. Not displaying my P plates. $241 fine and 2 points
    3. Undue noise for exhaust. $143 fine and i have to fix my exhaust and report the bike for an inspection.

    He then tells me I will lose my license for 12 months because I had only 2 points left on my P1 Provisional and I have exceeded my demerit points by 7.

    I understand i have broken the law by riding the bike, but what responsability is on him for allowing me to ride the bike when he had the opportunity not only prevent me from riding it but allowing me to after i've asked him if it's okay to ride it to the car park.

    I am thinking of appealing the first offence of "Riding a motorcycle greater than 660cc". Do i have any grounds for an appeal? Even for some sought of leniency?

  • Kris
    Kris
    14 years ago

    He said the side mount plate is illegal because it's not in the most prominent place of the rear of the vehicle.
    And yes, he was waiting for me around the corner. I parked in front of the building and to get to the car park its a short ride, around a small block, total of about 100m.
    The bike was running because i was riding to the car park.
  • Soapbox2627
    Soapbox2627
    14 years ago
    I think this guy screwed you
    I think you should talk to a lawyer, I hope you get a chance by the court, but I doubt it.

    Is the LAMs system in ACT the only place learners and P license can ride 660+ bikes?
  • boxa
    boxa
    14 years ago
    I think your pretty well screwed , But just the fact he told you its alright to ride and then hid round the corner, wel i would be looking for a equalizer , of some form , so i'd be kicking up a stink about it, definetly letters to my mp, and his bosses , just to put any sort of black mark against his name.Never know he could have a lot of complaints against him , or you could be the first , but if his bosses don't know he's an arshole they can't do anything about it.

    But overall i think you just copped for an arshole , fortunatly there not all like that
  • FLSTC
    FLSTC
    14 years ago
    Obiwan , I posted 3 replies , read all three and if you still feel that you want a response then let me know
  • Wallah
    Wallah
    14 years ago

    Side mount plates are illegal in all states. The bike would not be ADR approved and hence should not be up for sale from the dealer unless the buyer specifically requests them, just like aftermarket exhausts.  As for the pig that booked you , probably one of these young gun rookies who think they are king shit and love their job too much. That being said, you're technically in the wrong on all counts and probably waste alot of money contesting it in court, even if you win in court the RTA probably won't give your points back IMO.

  • Frank7214
    Frank7214
    14 years ago

    Hope you go well with your appeal. At the end of the day, you are responsible for your actions.

  • TC883
    TC883
    14 years ago
    On the side mount plate..I have an Iron. They come from the dealers with a rear mount plate in Oz, cause that is all that is legal. You can buy the side mount bracket off the American model and fit it, but it is illegal. When I bought mine from the dealer, they told me it was illegal to fit it, and that by doing so I face a fine and points. I fitted the side mount anyway cause I reckon the bike looks better with it. If I get done, then I'll suck it up, cause I made my own decision. TC
  • Sparra
    Sparra
    14 years ago

    Before I got my licence many years ago I rode jappers and my old Bonny around for 2 years without a bike licence...Ended up getting it because we were going to Broadford and through the infamous road block...I would think that I'm not the only one in here that did it and this young bloke won't be the last...But now that you have been busted it's time to suck it up and suffer the consequenses....