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Old 29-06-2009, 09:50 AM
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Default biker given asbo for filtering

don't know how many of you buy the MCN
I don't usually but when a mate told me that he was in it (and why) I went and got a copy




any comments
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Old 29-06-2009, 10:12 AM
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I filter passed plod cars nearly every day and have always been under the impression it was legal to do so as long as the traffic was stationary and its done in a safe and courteous manner......ive never been pulled for doin it...
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Old 29-06-2009, 10:42 AM
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I regularly filter, every morning and evening while commuting, its perfectly legal.

just another example of some jumped up pathetic failure of a person, in a uniform deciding to try and pump up his ego.
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Old 29-06-2009, 10:45 AM
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It is not illegal to filter that's a fact.

What is filtering? In simple terms it is an overtaking manoeuvre, and in most cases it is perfectly legal provided:

1 You donít cross over or straddle a solid centre white line system.
2 You donít overtake after a ďNo OvertakingĒ sign.
3 You do not overtake the lead vehicle within the confines of the zigzags of a pedestrian/pelican crossing as it may have stopped to allow pedestrians to cross.
4 No danger is caused to other road users and no vehicle is caused to alter course or speed.

So in short, providing those 4 conditions are complied with then there shouldnít be a problem, however when it comes to accidents, civil liability can paint a somewhat different picture.

Filtering is an accepted and legitimate practice, and unless there is a case of dangerous or careless driving to answer, or one of the 4 conditions mentioned previously have been breached, then it is very rare that a Police prosecution will follow.

So to sum up, filtering in most cases is perfectly legal, is accepted as being a benefit of riding a motorcycle and is something that just about every rider has done at some stage without any problems.
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Old 29-06-2009, 10:57 AM
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I was always told to comply with the 20/20 rule, don't filter at more than 20mph faster than the traffic and don't filter if it going more than 20 mph.

As Reading MAg we have held bike awareness days in Reading Town Centre with Bike Safe Info on them and even a cop bike one year and hand out info to all including car drivers explaining how filtering is legal.

I reckon he was being v.silly a year previous and was lucky to get away with the ASBO and that came up on an ANPR screen in the plain clothes car and they fancied pulling him
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Old 29-06-2009, 11:27 AM
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http://in-gear.co.uk/index.php?page=filtering

http://in-gear.co.uk/index.php?page=...-the-traffic-2
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Old 29-06-2009, 03:34 PM
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He did NOT get an ASBO for filtering. ASBOís are issued in a magisratesí court. He hasnít been to court.

On the first offence, he took a warning to get off a careless driving charge. Reading it carefully, Iíd suggest either a lot of missing facts, or a fair bit of muppetry on his side. Filtering is fine, but when you are followed by a copper, it would suggest traffic is moving and I doubt many of us would keep filtering, crossing the white line etc, when you know plod is behind especially in North Wales, land of the bike-hating chief constable.
Second time is clear cut. You donít overtake on the zig-zags at a crossing.

It doesnít say if heís getting done for the crossing offence but as theyíve took his bike, Iíd expect so. Thereís another 3 points and up to £1000 fine, plus costs and £15 victim surcharge. If he isnít getting done, then there is a complaint against plod for wrongful arrest and he could sue to get his costs of the bike recovery back.

Whilst not wanting to condemn the bloke for having a ride-out, he did fuck up: Twice.

Accept it or challenge it, but donít bleat about it.
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Old 29-06-2009, 04:46 PM
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it matters not if pigs r behind you,its legal to filter,simple,nor does it matter if in wales,unless they have decided to ignore uk law and place themselves under a new set of homemade laws.
All he needs is a decent lawyer on the case who'll then rip these sanctimonious wankers apart.
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Old 29-06-2009, 05:09 PM
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Some interesting comments on the story on MCN's site.

http://www.motorcyclenews.com/MCN/Ne...for-filtering/
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Old 29-06-2009, 05:27 PM
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I filtered on the motorway with the police car in front of me doing 40mph, I did 50 to overtake and when a double length container/trailer tried to cut in front of the police car on a possible SMIDSY I accelerated away. The police pulled me for undertaking.

It's in the book!

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Old 29-06-2009, 08:34 PM
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Quote:
Originally Posted by jcb View Post
it matters not if pigs r behind you,its legal to filter,simple,nor does it matter if in wales,unless they have decided to ignore uk law and place themselves under a new set of homemade laws.
All he needs is a decent lawyer on the case who'll then rip these sanctimonious wankers apart.
Unless he was filtering at 50 in a 30mph zone or breaking other laws such as zig zag lines or Pulling Wheelies. You only have his word for what went down as cops don't usually comment on on-going cases.......
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Old 29-06-2009, 08:38 PM
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true,aaand the mcn has been known to get tooo excited bout things n miss "stuff" in their research..lol
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Old 29-06-2009, 09:00 PM
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Hence the name: "More Crap than News!"
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Old 30-06-2009, 09:12 PM
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Easy to prove: when something is either a legal requirement or illegal, it is printed in the Highway Code in red as 'YOU MUST' or 'YOU MUST NOT'.

None of the paragraphs on filtering contain red words in bold type as above. Hence it is legal.

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Old 30-06-2009, 09:41 PM
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I think that we all agree that filtering, per-se is legal. It is what else occoured during that filter manouvre. If he broke other laws then his filtering was illegal, if he used common sense and did it safely the it was perfectly legal. I await the full report and will then see why this guy was ticketed..... and not ASBO'd. He should move here, most kids have ASBO's by 11, he must be a late developer.
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Old 01-07-2009, 11:22 AM
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I wonder how he spoke to the plod when he got his bike taken off him. Somehow, after reading the story a few times, I don't think he was being polite. If we was gobbing off then he only has himself to blame.
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Old 01-07-2009, 03:46 PM
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Quote:
Originally Posted by wurzel View Post
I was always told to comply with the 20/20 rule, don't filter at more than 20mph faster than the traffic and don't filter if it going more than 20 mph.
Agreed ..........

I was filtering down the M5 just after the junction with the M42 and 2 bike coppers filtered after me and told me as long as I kept it under 20mph I could "fill my boots"

Thing is, much faster than that and they could use careless or dangerous driving or driving without due care and attention, which ever they seem to think fits the bill. boils down to the copper that sees you and what his personal view is
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Old 02-07-2009, 05:33 AM
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Not enough information in the story to warrent any speculation.

Either he had an arsey cop or he was filtering at speed through a high pededrian area (crossings etc) with loud pipes and small plate etc etc etc...

As I said not enough info...
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Old 02-07-2009, 10:07 AM
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Don't think we have the full picture from the MCN report. The cop would have to be a complete muppet to make such a balls up of a pull. What else was the guy doing? How fast was he going? Was the traffic heavy, lots of pedestrians, school kicking out time, dodgy bike, past history of bad riding?
Did he gob off at the cop?

Don't take much to get the plod to pull you. Why make thier job easier by giving them more ammo? Simple answer is to make sure you know the law and highway code. Ignorance is no excuse for non compliance. Boils down to ride like a twat and expect to get tugged. I am no lover of the cops or some of our ridiculous laws, we all have mad momments, we all have times when we just want to bury the throttle and ride it like we hate it, BUT if you do it and get caught, don't whine about it.

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Old 04-07-2009, 01:11 PM
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Default gobbing off

Quote:
Originally Posted by Grav View Post
I wonder how he spoke to the plod when he got his bike taken off him. Somehow, after reading the story a few times, I don't think he was being polite. If we was gobbing off then he only has himself to blame.
I.ve got to admit that there seems to be more to it than the story reports.I.ve been filtering for years assuming it to be legal if done safely,But if the bike is 100% legal, Issue a ticket by all means. But I don,t think I would be very Polite if they seized my bike. Maggot.
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Old 12-07-2009, 08:08 AM
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I worked in a rural area for 5 years and was pulled on a regular basis by bored/curious cops. Excuses for pulling included
'our computer says this is a Metro?' re. my trike, which was registered as a Metro trike

'as you rode past we couldn't see your tax disc' it was there.

'nice bike mate!'

In all cases I was polite and answered all their daft questions. Only caught me out once, when they measured the distance between the digits on my number plate (obviously a very quiet day for them?) and it was found to be illegal.
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Old 12-07-2009, 11:23 AM
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Quote:
Originally Posted by maggot View Post
.I.ve been filtering for years assuming it to be legal if done safely
On my way home from the lakes last Thursday I filtered pasta long line of traffic coming into Carnforth. The was one cop car and three police bikes in the queue too.

I sniggered ....

A lot.......
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Old 12-07-2009, 04:43 PM
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Filtering must be legal cos the highway code says to do it with care.

If it was illegal the code would say don't do it.

Simples (funny sqeak noise)
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Old 19-07-2009, 03:05 PM
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When I did my IAM Senior Observer test, the examiner was a Police Class 1 examiner. I asked him about filtering he said "Of course it's legal, and I didn't buy a motorbike to sit in a queue of traffic".
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Old 19-07-2009, 07:23 PM
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Quote:
Originally Posted by Justice Kecks View Post
He did NOT get an ASBO for filtering. ASBOís are issued in a magisratesí court. He hasnít been to court.

On the first offence, he took a warning to get off a careless driving charge. Reading it carefully, Iíd suggest either a lot of missing facts, or a fair bit of muppetry on his side. Filtering is fine, but when you are followed by a copper, it would suggest traffic is moving and I doubt many of us would keep filtering, crossing the white line etc, when you know plod is behind especially in North Wales, land of the bike-hating chief constable.
Second time is clear cut. You donít overtake on the zig-zags at a crossing.

It doesnít say if heís getting done for the crossing offence but as theyíve took his bike, Iíd expect so. Thereís another 3 points and up to £1000 fine, plus costs and £15 victim surcharge. If he isnít getting done, then there is a complaint against plod for wrongful arrest and he could sue to get his costs of the bike recovery back.

Whilst not wanting to condemn the bloke for having a ride-out, he did fuck up: Twice.

Accept it or challenge it, but donít bleat about it.
im afraid to say you dont need to go to court to recieve an asbo. a few lads up this way have been getting them recently for noisy exhausts!
we questioned a member of our club when he said he had been given an asbo as we also thought it must be a load of shite cause he hadnt been to court but he did indeed recieve one on the spot.
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Old 20-07-2009, 12:28 PM
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Quote:
Originally Posted by mick2 View Post
im afraid to say you dont need to go to court to recieve an asbo. a few lads up this way have been getting them recently for noisy exhausts!
we questioned a member of our club when he said he had been given an asbo as we also thought it must be a load of shite cause he hadnt been to court but he did indeed recieve one on the spot.
He is indeed full of shite.

An ASBO introduced under the Crime and Disorder Act 1998, can only be issued by the County courts and Magistrates (civil capacity), the Magistrates, Crown or Youth Court on conviction of criminal proceedings.

The ASBO can be applied for by police, local authorities or registered social landlords. It can take many months for the ASBO to be issued which must be within 6 months from the commencement of the unacceptable behaviour. Evidence must have been gathered which, because of the civil nature of the order, can include hearsay and be based on the balance of probability.

They last for a minimum of 2 years. Repeated similar behaviour has a starting point of 26 weeks custody ranging up to 5 years, although minor breaches could attract no more than a fine.
If you are to be given an ASBO, then you must attend the court so that you know what the constraints are. Failure to attend is a warrant without bail until you are seen by a judge or magistrates. It isn't something to which you can plead guilty by post.
ASBO's cannot be issued on the spot.

I would suggest your club member has an entered into an Antisocial Behaviour Contract (ABC). These are voluntary agreements between the person and whichever authority as a binding mutual agreement to standards of behaviour, or agreement to attend certain accredited courses eg; anger management, drug rehabilitation etc.
These are quick to set up and can last no longer than 6 months. A breach of this agreement usually has a full ASBO applied for as above. Again, not issued on the spot unless you have been previously warned that this may happen.

Also you cannot get an ASBO for a noisy exhaust per se. A "defective" exhaust carries an absolute maximum fine of £1000, depending on income etc. No points, no prison, no ASBO.

You can however, get an ASBO or ABC for revving the bollocks off a bike with a noisy exhaust in such a way as to have caused repeated harrassment towards the neighbours.

Lets face it. Would you be happy if a bunch of local chavs pitched up on your street with bin lid exhausts and banging out crap hip hop from sound systems worth twice as much as the car its in?

My bike is noisy with a set of Sante 50 Cals on it, but I don't shit on my own doorstep so to speak.
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Old 20-07-2009, 09:07 PM
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With that system they would probably use the 'Anti-Terrorism' laws to get you.....
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Old 27-07-2009, 10:51 PM
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the guy has admitted to my mate that he"spoke his mind" and was "caning it a bit".....
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