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Old 12-09-2009, 05:16 AM   #1
dReWpY
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Default Lead rider gets d!cked over

Stiffer speeding penalties for leading rideout
By Steve Farrell - General news 19 November 2009 16:34
Motorcyclists at the head of a group of riders will face stiffer penalties for speeding under a crown court ruling.

Being the lead rider in a group is an aggravating factor making you partly responsible for speeding offences of those behind you according to the decision.

The ruling can be applied in any future cases where two or more motorcyclists riding together are accused of speeding. The head rider might be only a few mph over the limit but could be given the same penalty as the worst offender behind.

Road traffic solicitor Robert Dobson said: “Any crown court decision can be stated in future cases. This is potentially a very dangerous judgement for motorcyclists.

"Riders in a group change position frequently.

“If you are riding at the front any group at excess speed, then the very fact you’re at the front is an aggravating factor.”

Ken Clark, 49, reached 85mph on his Yamaha R1 while leading a group of three riders on the 60mph A272 near Rogate, Sussex, last June.

The speed is within the usual threshold for a fixed penalty of three points and a £60 fine.

But Chichester Crown Court ruled he should receive the same penalty as a following rider accused of going 103mph.

Barrister notes on the ruling given to Clark after the hearing state: ‘Although his was the lesser speed, [the bench] found it an aggravating feature that he was the lead motorcyclist, was setting the pace and he knew that the other two motorcyclists would want to catch him up and would be speeding to do so.’

The court rejected Clark’s appeal against six points, a £100 fine and £250 court costs.

Clark said: “This should have been three points and a £60 fine but so far it’s cost me £2,500 including solicitors’ bills and I have six points on a licence which has been clean for the last 24 years.”

Clark’s solicitor, Philip Somarakis, said 103mph was the speed reached by a police officer on an unmarked bike while tailing Clark's two friends, but the prosecution accepted it was not possible to prove from video evidence that Clark himself had exceeded 85mph.

“The gist of the ruling is that to be a lead motorcyclist makes you somehow responsible for the actions of those behind you,” he added.

Gary Baldwin, former police motorcyclist and co-director of advanced riding school Rapid Training, said: “It's a dangerous precedent to suggest you are now responsible for someone who's in control of another vehicle.

"How do I control what they do? If someone is following me and I get in an overtake that they don't, they may go faster to catch up but that is their choice.”

To read how the prosecuting cop posted pictures on a swingers’ website showing him astride a police bike, get MCN, on sale now.

http://www.motorcyclenews.com/MCN/Ne...ading-rideout/
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Old 12-09-2009, 08:16 AM   #2
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Everytime a group gets pulled over, simply claim you don't know each other. Simple.
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Old 12-09-2009, 09:26 AM   #3
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Everytime a group gets pulled over, simply claim you don't know each other. Simple.


If there are "christmas lights" I'll see you at the next stop down the road - only pull over if the officer designates that YOU are the person they want to pull over...
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Old 12-09-2009, 10:27 AM   #4
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If there are "christmas lights" I'll see you at the next stop down the road - only pull over if the officer designates that YOU are the person they want to pull over...
yep, never pull over all together.

hey does this mean the lead car gets hammered as well? long lines of cars run together on highways. well one guy speeds and the others all feel safe because they are behind him.
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Old 12-09-2009, 10:29 AM   #5
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yep, never pull over all together.

hey does this mean the lead car gets hammered as well? long lines of cars run together on highways. well one guy speeds and the others all feel safe because they are behind him.
You heard that joke......

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Ever catch ALL the fish?
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Old 12-09-2009, 10:43 AM   #6
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If there are "christmas lights" I'll see you at the next stop down the road - only pull over if the officer designates that YOU are the person they want to pull over...
Exactly. Never pull over unles he is PULLING you over. If your in front and the guy behind gets pulled over. And you pull over. Then you deserve more tickets than the guy behind you. One for speeding and one for being stupid.

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Talk about bullshit. They charged him at 103 because that is what the cop behind him trying to catch up with him reached? I can hit 103 and slow back down to 70 in all of about 6 seconds without closing too much distance on the bikes ahead of me.
No, the guy behind him got clocked at 103. While he was going slower, he's getting charge with the 103 because he was leading the pack.

STUPID
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Old 12-09-2009, 09:46 AM   #7
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Everytime a group gets pulled over, simply claim you don't know each other. Simple.
Yep, the response should be just that.
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Old 12-09-2009, 09:28 AM   #8
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Talk about bullshit. They charged him at 103 because that is what the cop behind him trying to catch up with him reached? I can hit 103 and slow back down to 70 in all of about 6 seconds without closing too much distance on the bikes ahead of me.
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Old 12-09-2009, 11:32 AM   #9
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Clark’s solicitor, Philip Somarakis, said 103mph was the speed reached by a police officer on an unmarked bike while tailing Clark's two friends, but the prosecution accepted it was not possible to prove from video evidence that Clark himself had exceeded 85mph.
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Old 12-10-2009, 12:27 AM   #10
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