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If you have any comments to make on these points just e-mail me or go to our FORUM and express your views.

MOTORCYCLE ENFORCEMENT- TOO LITTLE TOO LATE!

The initiative of ACPO (Association of Chief Police Officers) and in particular David Griffin, the Deputy Chief Constable of Humberside, is to be applauded. This is a national strategy to provide guidance for police officers across England and Wales in relation to enforcing the law for motorcyclists and scooterists. It follows an extensive consultation involving media interest groups, police and others

It seeks to iron out inconsistencies between police practices across the country.

Also it seeks to maintain a balance between prosecution for serious and flagrant disregard for the law (such as dangerous driving)and lesser offences such as noisy silencers and number plates that do not exactly match the dimensions required. The discretion of the individual police officer will remain but warnings as opposed to prosecutions in certain cases may be appropriate.

In our view this strategy is pragmatic and sensible, and approaches enforcement issues with downright common sense – some things which are all too lacking in legal matters these days.

Sadly however, two large areas of contention (speeding and parking) are now largely outside the responsibility of the police having been transferred to the likes of camera partnerships and local authorities respectively.

We wish the strategy well but hope that camera partnerships and local authorities approach matters in such common sense and pragmatic ways!

Please let us have your views by airing them in our forum and we will pass them on to ACPO.

*WATCH OUT

FOR THE DECISIONS IN THE CASES OF FRANCES AND O'HALORAN WHICH ARE CURRENTLY IN THE EUROPEAN COURT OF HUMAN RIGHTS. THE COURT IS DUE TO DELIVER ITS JUDGMENT ANY TIME ON WHETHER MOTORISTS SHOULD BE DENIED THEIR RIGHT OF SILENCE WHEN PRESENTED WITH A REQUEST FROM THE PROSECUTION TO IDENTIFY WHO WAS DRIVING. WATCH THIS SPACE!

Phil Shuker
Legal Director www.bikersadvice.com

www.bikersadvice.com is the motorcyclists own consumer organisation website providing indepth information on biking products and services which enable the consumer to exercise informed choices when making purchases.

WOT'S NEW???

*ACCIDENTS AND DIESEL
In a recent case a firm of solicitors negligently failed to advise a accident victim that there was a possibility of a claim against the Motor Insurers Bureau when their client skidded on diesel which had been deposited on a road surface by another road user.

*FILTERING PAST TRAFFIC
A recent legal case found 100% in favour of a biker who was injured whilst overtaking slow moving / stationary traffic.

*OVERBANDING
Must comply with certain dimensions. If it does not and an accident ensues then there could well be a claim against the highway authority (&/ or their agents)

*HUMAN OBJECT IN ROAD-UNAVOIDABLE COLLISION
In a recent case a motorcyclist killed a child of 12 who was playing a game of chicken in the road. The motorcyclist was severely injured but not fatally. A successful claim was made to the Criminal Injuries Compensation Board. It was argued that the child’s action fell within the definition of “crime of violence”.

All cases depend on their own individual facts.
More information from Phil Shuker Legal Director www.bikersadvice.com/ phil@bikersadvice.com