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Thread: Here's one for all you back room lawyers

  1. #1
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    Here's one for all you back room lawyers

    A chap I know foolishly rode his pushbike through a Stop sign, right in front of a police patrol. Quite rightly, he was stopped and ticketed for that. However, in addition, he was given a further ticket ($150/20 demerit points) for failing to produce his driver's license.

    He says, riding a pushbike, why should you. The cop's view was, as he was a road user, and had a valid driver's license, then he must carry it whenever on a public road, whether driving a vehicle that the license applies to or not.

    Sounds dodgy to me, I'd be in court like a flash.

    Any thoughts...?

  2. #2
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    Sounds dodgy to me as well

    You don't need a licence to ride a bicycle on a public road so he can't do ya for not having one


    Fight it
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  3. #3
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    Since when do you need a liecence to ride a pushbike.

    Sounds dodgy allright............
    And that is the honest truth your honour..

  4. #4
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    I would refuse to show my licence if pulled up on a push bike on the grounds that no licence is required to operate that class of vehicle on the road.

    The police also would be hard pressed to ask to see your licence because of the above grounds and a NZ citizen only has to give there full name and address if asked by the police. Right to silence covers the rest.

    However if your friend wants to ride his pushbike through a Stop Sign then his number is Up! Only he doesnt know it yet.

    It's only a matter of time before he becomes just another sad statistic.

    How's that for backroom lawyering
    Arguing with an Engineer is like wrestling a pig in mud.

    After a while you realise the pig is enjoying it.

  5. #5
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    Totally dodgy

    Nail his ass

  6. #6
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    Nah, bollocks! Should he need to carry his licence if he was going for a run down the road? Or on a skateboard? He should contest the ticket. Fine and demerit points? I'd make a complaint to the police commissioner or whoever keeps the cops in check. It sounds like some kind of harrassment.
    Are u sure your mate didn't tell u this story on April 1st??

  7. #7
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    Totally without foundation.

    The law is

    Land Transport Act S 5c
    A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.
    Note: Motor vehicle. A pushbike is not a motor vehicle. It is a vehicle and therefore S114 allows an enforecement officer to demand name address and date of birth (a constable may also demand this under common law)
    Note that no one can be obliged to PROVE their identity - though there are heavy penalties for providing false information

    Dispute the ticket and lodge a complaint with the Police Whitewash Authority.

    (An obvious rejoinder is "I don't have one" )
    Quote Originally Posted by skidmark
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    Quote Originally Posted by Phil Vincent
    The manufacturers go to a lot of trouble to find out what the average rider prefers, because the maker who guesses closest to the average preference gets the largest sales. But the average rider is mainly interested in silly (as opposed to useful) “goodies” to try to kid the public that he is riding a racer

  8. #8
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    He should do nothing at all, and certainly do not talk to them or pay any fine. Don't try to take them on, and don't be dragged into any argument with them.


    Steve
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  9. #9
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    Quote Originally Posted by Racing Dave View Post
    A chap I know foolishly rode his pushbike through a Stop sign, right in front of a police patrol. Quite rightly, he was stopped and ticketed for that. However, in addition, he was given a further ticket ($150/20 demerit points) for failing to produce his driver's license.

    He says, riding a pushbike, why should you. The cop's view was, as he was a road user, and had a valid driver's license, then he must carry it whenever on a public road, whether driving a vehicle that the license applies to or not.

    Sounds dodgy to me, I'd be in court like a flash.

    Any thoughts...?
    Your friend must be quite retrained and calm.

    If it was me I suspect I would be in a legitimate charge of using offensive language.
    “PHEW.....JUST MADE IT............................. UP"

  10. #10
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    Hang about, hang about.

    The OP ain't right anyway

    Penalty for failing to produce drivers licence EVEN IF DRIVING A MOTOR VEHICLE isn't $120/20 demerits. Act says fine up to $1000, I believe the actual tarrif for a simple "left it at home" is $55. Definately no demerits.

    I think maybe this tale is bien trouve?
    Quote Originally Posted by skidmark
    This world has lost it's drive, everybody just wants to fit in the be the norm as it were.
    Quote Originally Posted by Phil Vincent
    The manufacturers go to a lot of trouble to find out what the average rider prefers, because the maker who guesses closest to the average preference gets the largest sales. But the average rider is mainly interested in silly (as opposed to useful) “goodies” to try to kid the public that he is riding a racer

  11. #11
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    Quote Originally Posted by Ixion View Post
    Hang about, hang about.

    The OP ain't right anyway

    Penalty for failing to produce drivers licence EVEN IF DRIVING A MOTOR VEHICLE isn't $120/20 demerits. Act says fine up to $1000, I believe the actual tarrif for a simple "left it at home" is $55. Definately no demerits.

    I think maybe this tale is bien trouve?
    I was wondring how long it would take for someone to pick that up.
    I don't have hair on my balls,

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  12. #12
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    Quote Originally Posted by Racing Dave View Post
    A chap I know foolishly rode his pushbike through a Stop sign, right in front of a police patrol. Quite rightly, he was stopped and ticketed for that. However, in addition, he was given a further ticket ($150/20 demerit points) for failing to produce his driver's license.

    He says, riding a pushbike, why should you. The cop's view was, as he was a road user, and had a valid driver's license, then he must carry it whenever on a public road, whether driving a vehicle that the license applies to or not.

    Sounds dodgy to me, I'd be in court like a flash.

    Any thoughts...?
    You're on a pushbike. Say you've got no ID and give them a pile of bullshit. Take the ticket and wipe your arse with it. Done it myself. If you're on a pushbike and you give the cops correct details you're a dweeb.

  13. #13
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    Yup sounds like someone telling Porkies!!! Oink Oink...Pigs are flying


    According to this tale, kids who ride bicycles to school wont be the perfect revenue earners for the goverment since none of them would be able to produce licences. They would all run out of demerit points too.
    Gold Diggers....like hookers just smarter

  14. #14
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    Quote Originally Posted by peasea View Post
    You're on a pushbike. Say you've got no ID and give them a pile of bullshit. Take the ticket and wipe your arse with it. Done it myself. If you're on a pushbike and you give the cops correct details you're a dweeb.
    I agree, but watch out, its quite illegal to give false details. The courts take a dim view of it also. Basically, you should not give a false name and address to the the fuzz - there are other ways to fu^H^Htrip them up if you need to.

    But fuck yeah, after you have given him your name and address then lie your face off.

    Steve
    "I am a licenced motorcycle instructor, I agree with dangerousbastard, no point in repeating what he said."
    "read what Steve says. He's right."
    "What Steve said pretty much summed it up."
    "I did axactly as you said and it worked...!!"
    "Wow, Great advise there DB."
    WTB: Hyosung bikes or going or not.

  15. #15
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    We are also all missing the very obvious other.Not so long ago (about 8 yrs or so under Comrade Helen's rule) the law was changed and we were all made instant criminals and subject to fines.
    Why? Control, thats why.
    Our beloved Police Force have been turned into a revenue gathering money making Govt department, one of the spin offs was that they got this nice new law that mean't they could charge ordinary law abiding folks with failing to produce their drivers licence, on the spot.
    Once upon a time you had some grace and were only required to produce said licence in a timely manner.
    Now you get nailed immediately, more power to the facist who thought this one up.Never have agreed with it and never will, what of our right to go unmolested as law abiding citizens.
    Every day above ground is a good day!:

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