Rider ticketed for riding a 250 not on the LAMs list?

**Akzle** · 28th July 2013, 05:00

paying the donut fund, based on an infringement notice, is an admission of guilt. (mens rea).
Fven if he didnt do anything wrong. He admitted he did.
Yay! Justice!

**Str8 Jacket** · 28th July 2013, 06:49

Originally Posted by Gremlin

I would presume by now he's paid the ticket etc.

In that situation, he's admitted fault, and I'm not sure if you can then turn around and say, well, actually, I want to fight it?

Yep, I spent quite a few years working for MoJ fines dept and once you've paid the fine, you've admitted guilt. Not sire if this is still the case but a complaint to the Police may get the message across to the cop that fined him..... (maybe)

**awayatc** · 28th July 2013, 06:55

so he admitted riding a legal bike............

where is the part where he admiited being guilty....?

guilty of what......?

**Str8 Jacket** · 28th July 2013, 06:58

Originally Posted by awayatc

so he admitted riding a legal bike............

where is the part where he admiited being guilty....?

guilty of what......?

Good point, very good point. However when one gets a ticket I am pretty sure it says something along the lines of by paying this fine you admit guilt (but in fancy english) so he admitted a non-crime. I would complain via the appropriate police complaints process and see what happens....

**White trash** · 28th July 2013, 07:18

Originally Posted by Gremlin

I would presume by now he's paid the ticket etc.

In that situation, he's admitted fault, and I'm not sure if you can then turn around and say, well, actually, I want to fight it?

Yeah but surely he could argue somewhere that he paid the ticket as he assumed the cop knew the law, only to find with later advice that no law had been broken?

**st00ji** · 28th July 2013, 07:32

Originally Posted by Str8 Jacket

Good point, very good point. However when one gets a ticket I am pretty sure it says something along the lines of by paying this fine you admit guilt (but in fancy english) so he admitted a non-crime. I would complain via the appropriate police complaints process and see what happens....

trouble is the crime he will have admitted to (ie what he was actually fined for) will be 'breaching licence conditions' or similar. not 'rode a 250 hyosung on learners'

its definitely worth a try though, if only (as mentioned above) to try and educate the knob end thats handing out bogus tickets.

**Akzle** · 28th July 2013, 07:50

Originally Posted by st00ji

trouble is the crime he will have admitted to (ie what he was actually fined for) will be 'breaching licence conditions' or similar. not 'rode a 250 hyosung on learners'

its definitely worth a try though, if only (as mentioned above) to try and educate the knob end thats handing out bogus tickets.

haha! Theyre mostly knobends, and all their notices are bogus...
Unless you voluntarily accept/CONsent...
Bwahahaha.

**Akzle** · 28th July 2013, 07:52

Originally Posted by White trash

Yeah but surely he could argue somewhere that he paid the ticket as he assumed the cop knew the law, only to find with later advice that no law had been broken?

you illegally spied on who?
They mark out the pitch, they move the goalposts as they see fit. And the referee is always right.
Welcome to dictatormocracy.

**Mo NZ** · 28th July 2013, 08:09

I would love to actually hear from this bloke. This is all hearsay and may be total crap.
If the bike has been modified in any " performance " way it is not a LAMS anymore, as most performance mods put it over the power to weight ratio.
"It is your responsibility to make sure that you only ride an approved motorcycle as produced by the manufacturer without any modifications to increase its power-to-weight ratio." A higher performance exhaust system for instance.

If it is legit he should go to his local CLAW and show then the ticket and paperwork concerning the bike and the receipt for payment if the fine.
They can assist him ( without payment ) on having a hearing and for the matter to be struck out and any payments refunded.

**Road kill** · 28th July 2013, 08:41

Originally Posted by White trash

Yeah but surely he could argue somewhere that he paid the ticket as he assumed the cop knew the law, only to find with later advice that no law had been broken?

That's exactly what he should do,but he would need to get a lawyer to write a nice letter for him.

It will of course cost him for the lawyers service but at lest he will not have the ticket on his record.

It's been done many times before.

**Rhys** · 28th July 2013, 09:06

I had a ticket refunded , a very nice phone call and a letter apologizing for their error, took about 8 months 9 letters (including our MP) countless phone calls a trip to the courts to arrange a hearing and a phone call from the media, only took two days from the news papers call to get resolved

The bustards will try to avoid doing anything, give you department after department to ring /write to.
Don't piss around request a court hearing, the police will probably not even turn up !

Good luck

**Glowerss** · 28th July 2013, 10:22

Originally Posted by Mo NZ

I would love to actually hear from this bloke. This is all hearsay and may be total crap.
If the bike has been modified in any " performance " way it is not a LAMS anymore, as most performance mods put it over the power to weight ratio.
"It is your responsibility to make sure that you only ride an approved motorcycle as produced by the manufacturer without any modifications to increase its power-to-weight ratio." A higher performance exhaust system for instance.

If it is legit he should go to his local CLAW and show then the ticket and paperwork concerning the bike and the receipt for payment if the fine.
They can assist him ( without payment ) on having a hearing and for the matter to be struck out and any payments refunded.

You're wrong on quite a few levels.

Firstly no exhaust system on a hyodung 250 is going to put it anywhere near the 150kw/tonne mark. They work out to be 81 kw/tonne, which is fully half of the allowed amount.

Furthermore, you'd have to prove that the aftermarket exhaust actually improved the power to weight ratio (assuming the coppa can even spot an aftermarket exhaust. Given that he thought the hyodung wasn't LAMS approved, doubtful.

Also, if you'll check here http://www.nzta.govt.nz/licence/gett...cles/lams.html

It specificially says "The following list of motorcycles with engine capacities between 251cc and 660cc - these motorcycles must be in standard form as produced by the manufacturer. They cannot be modified in any way to increase the power-to-weight ratio."

It does NOT say anything about, say, an exhaust on a POS 250.

So basically, if the poor bastard got ticketed for riding outside his license conditions on a 250 hyobag, he has full rights to complain.

**jafar** · 28th July 2013, 12:07

Take it to your local MP, amazing how fast they move when the MP & his people get involved.

Once a ticket has been paid it is a closed case as far as the courts are concerned, getting it reopened is going to take the MP & some time.