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bikerboy777

Joined:

Nov 12

Posts: 1

bikerboy777 says:

Double White Line Fine & Points - Ticket Error

Got a roadside fixed penalty this morning for overtaking normal huge queue of traffic going into my place of work town, done it a million times but this morning the nice man pulled me over and gave me the ticket and 'produce your licence' instruction.


I think I'm just going to pay up and eat the 3 points because my photo licence is 3 years out of date.

My questions are:

1. Should I have sent off my licence when I passed my Mod1 & Mod2 a year or so ago?

2. The Officer made an error when writing my address on the ticket, mis-spelled the street name ~ I read in the press often that appeals are often upheld on technicalities like this or am I just living in cloud cuckoo land?

If I elect to go to court rather than pay up the fine do I run the risk of copping a £1,000 fine for an out of date licence?

Bare in mind that I did my CBT, Mod 1 & Mod 2 with the same licence but the DoT didn't pick it up or raise any issue.

Can of worms?

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  • Posted 2 years ago (08 November 2012 10:16)

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MarcusMarsh

Joined:

Aug 09

Posts: 2714

MarcusMarsh says:

Penalties

Firstly, overtaking on solid white lines is a no-no that you will pretty much always get done for if caught.  The markings are there because overtaking at that point is dangerous and the Police take a dim view of anyone ignoring them.  At times we all think we know better but if you are in the habbit of crossing solid white lines you will get caught out eventually. 

I would not look for a technicality to get away with this.  This process will cause the authorities to look in the case in detail (in prepraration for court) and this will raise the issue of your expired license.  You then risk a more severe penaly for trying to take the piss.  As they say - go quietly and hope for a resonable outcome.

As you will have to send off your license at some point this may well be picked up.  I certainly would not drive/ride until you have renewed it because although you are 'qualified' to drive on the basis that you have passed a test you are not 'authorised' to drive because you do not have a valid license.  And if caught driving without a license the Police have the power to sieze your vehicle.      

[This Reply has been modified by the Author]

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stonysleet

Joined:

Dec 10

Posts: 71

stonysleet says:

A Couple Things

Overtaking on or crossing Solid White Lines is allowed if

1, the traffic is stationary

2, the traffic is moving slowly i.e. queueing or slow moving service vechicle.

3, You are also allowed to overtake normal traffic if you do not cross the solid white lines on your side

The real points are

you have an expired liecence by a conciderable period this is a major offence in its self and suspends any type of driving on the roads. Effectivly your driving without insurance and liecence

You should of sent off your Test Pass Certificate within two weeks (I believe) of you passing your test as these have a validility period and will expire thus without informing DVLA about the test pass you are then left in a sticky situation

I wouldent wana be in your shoes mate if this is true and I havent read it wrong.

If this is the case try and take it quietly get it sorted but dont be surprised if if you have to pass your test again

Sorry to be harsh Shiny Side up and Good luck:smile

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smoto5

Joined:

Mar 09

Posts: 4548

smoto5 says:

Think you might be best to chat

to one of the specialist motoring solicitors, or even better one of the motorcycling one, either the one who posts on here ACIC or one of the others. 

It might be prudent to get all your documentation to either the DVLA or one of the LVLO (local vehicle licencing offices) in person as soon as possible and get your licence sorted there and then to avoid any future problems with stops, usually you would be expected to produce your licence there and then or within the seven days at a nominated police station. Best of luck, be a bit more careful :smile

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tc330

Joined:

Mar 11

Posts: 168

tc330 says:

licence update post test

you have 2 years to update your licence after passing your test not 2 weeks. the examiner usually offers to send it for you after they tell you that you've passed.


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arryace

Joined:

Apr 10

Posts: 198

arryace says:

take it on the chin

a mis-spelled address will not make any difference the officer will stand in court and state that you crossed the solid white line.

you can cross it if the traffic is stationary im assuming you were passing moving traffic.

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BLUEKNOWZ

Joined:

Nov 12

Posts: 4

BLUEKNOWZ says:

as the saying goes

if you can't do the time don't do the crime.

us bikers are the first to complain when car drivers cross the line, and i've yet to see a double white line where it is'nt neccesary.:winkie:

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RougharseRacing

Joined:

Oct 11

Posts: 7

White lines

One thing worth checking is that the keep left arrows are present at the start of the solid white lines you were riding past. They usually are with normal lines, but they are frequently missed out after hatch markings. If the hatch markings have a broken white lines then there must be keep left arrows before the solid white lines resume or they are unenforceable. 

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MakemRider

Joined:

Jul 11

Posts: 244

MakemRider says:

Stonysleet hasn't stated the HC rules 100% correct.

1: It is not 'if the traffic is stationary' but 'to overtake a stationary vehicle'. It states 'vehicle' not 'vehicles' therefore not 'traffic' as that implies more than one vehicle.

2: You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cyclist, horse or road maintenance vehicle, if they are travelling at 10mph (16km/h) or less.

 

3: is correct but if you do not leave adequate clearance then it is posible that one of the umbrella charges could be enforced.

 

All in Rule. 129

 

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