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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice.
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Hello, I was broken down on the hard shoulder of a motorway,

Customer Question


I was broken down on the hard shoulder of a motorway, when I was approached by an unmarked police vehicle.

They booked me for operating my motor vehicle outside of the accordance of my license.

I have a provisional license, and CBT certificate to operate 125cc motorbike. I have received a notice for a £100 fine and 3 points on my license, however the I would needed to have been found operating the motor vehicle for this to be a legitimate case. I was simply supervising the vehicle and awaiting assistance from a breakdown crew.

As far as I know, you do not require any license to be supervising a broken down vehicle on a motorway hard shoulder. It is in no violation of any traffic act.

Am I able to contest the points they wish to apply to my license?
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What was not in accordance?

Is this not a 125cc?
Customer: replied 4 years ago.

It was a 125cc vehicle which I am fully insured and legal to operate. Under the traffic act you are not allowed to operate a motor vehicle on motorways with a provisional license, that was the officers reasoning. My argument is that I was not operating the vehicle, but was supervising it on the hard shoulder.



Expert:  Jo C. replied 4 years ago.
Sorry, I see what they mean.

You can always try to argue that in court. It depends upon how much risk you want to take.

I'm afraid that the chances are high it would be rejected. Apart from anything else, its all very well to say that you were not actually riding at the time the police approached you but you must have ridden it to get to that location and the hardshould of a motorway can only be accessed by going onto the motorway.

I suppose you could ask them to prove that you were not the pillion passenger but then the problem that you would have is that you would have to explain the absence of the driver and probably also why he had left you the keys neither of which I imagine you could answer truthfully without admitting the offence.

You can always contest it. If you were riding then bike then you cannot lie and say that you were not but you can put them to proof on the part.

You cannot hide from the risk that the Court would think that the circumstancial evidence is sufficient to prove that you were the driver.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.