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Discussion Starter #1
I'll just copy and paste this so I don't have to retype everything.

THIS is the original thread that I posted yesterday if you want to see the replies and everything else.

Was down in Penticton visting my cousins and I rode my bike down there from Kelowna. I met them at the beach. My cousin and his friends come over to check out my bike. My cousin then hops on the bike, starts it up and just revs it a few times. He wanted to see what it was like because he is getting a bike soon. Keep in mind all this is happening while the bike is parked in a parking stall.

Then 4 cops come walking over and decide to give him a ticket for operating a motor vehicle without a helmet and without a liscence. He wasn't riding it or anything, he was just sitting on the bike. Now the cop informs me that my bike is going to be impounded for 30 days because it was operated by a non liscenced person. They call up the tow truck to come get my bike and meanwhile I'm trying to explain to the cop that it was my bike and he was just sitting on it. The cop won't even acknowledge that I'm talking to him.

So after my bike gets towed away, the cop gives me his card and tells me to call him when he gets off work at 9 and he'll have a form for me to sign and then I can get my registration papers back. I go down to the cop shop a little early (at about 7:15) and find out that the cop actually got off at 7:00. Now I have to drive all the way back down to Penticton tomorrow so I can sign the stupid papers and appeal the impounding.
 

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ok, are so shitting me? a ticket and impound for SITTING on a bike that was running? If this is a normal procedure in Canada, I'd defect to the US !!... I have never heard of any thing so rediculous and moronic. I'd get a good lawyer!!
 

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so if my 10 year old brother is sitting in the driver seat while I am in the store, and the truck is running. He can get a ticket and they can tow my car.

Talk to a lawyer. that dont seem right at all.

and to that cop :boid :boid :boid
 

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cole said:
I'll just copy and paste this so I don't have to retype everything.

THIS is the original thread that I posted yesterday if you want to see the replies and everything else.

Was down in Penticton visting my cousins and I rode my bike down there from Kelowna. I met them at the beach. My cousin and his friends come over to check out my bike. My cousin then hops on the bike, starts it up and just revs it a few times. He wanted to see what it was like because he is getting a bike soon. Keep in mind all this is happening while the bike is parked in a parking stall.

Then 4 cops come walking over and decide to give him a ticket for operating a motor vehicle without a helmet and without a liscence. He wasn't riding it or anything, he was just sitting on the bike. Now the cop informs me that my bike is going to be impounded for 30 days because it was operated by a non liscenced person. They call up the tow truck to come get my bike and meanwhile I'm trying to explain to the cop that it was my bike and he was just sitting on it. The cop won't even acknowledge that I'm talking to him.

So after my bike gets towed away, the cop gives me his card and tells me to call him when he gets off work at 9 and he'll have a form for me to sign and then I can get my registration papers back. I go down to the cop shop a little early (at about 7:15) and find out that the cop actually got off at 7:00. Now I have to drive all the way back down to Penticton tomorrow so I can sign the stupid papers and appeal the impounding.
reason 665849857698659 why canada sucks. :flipa :)
 

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Wow! Judging by some of the replies in that thread, you are responsible for letting a non-licensed rider even sit on your ride at a public place, much less letting him do what he did to set all this in motion. Sure, they could've just issued him the ticket and called it a day.....but took it to the max to fill the city coffers via YOUR pockets. Bad luck on your part.

So, call this a life lesson....the pennace of breaking the law. If you can get the impound reversed, good for you. I bet you won't allow this to happen again. If he really wanted to hear the bike, he should've just asked you to get on and run it for him.

BTW, sitting still on a running bike give you NO feel as to how it is to RIDE one......your cousin sounds:lame

JMHO......good luck with it.
 

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Discussion Starter #7
I know that what the cops did was legally correct but it was still an abuse of power IMO. I could see if they threw the book at him and gave him all the tickets but to impound my bike for 30 days because of it is bullshit. They were just being assholes.
 

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I thought I had a bad week getting a signal broken off by some debris thrown up by a car and I also had the rear tire blow out earlier in the week.
 

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G L said:
reason 665849857698659 why canada sucks. :flipa :)
Took the words right out of my mouth. Without the vehicle being in motion, the courts will have a hard to finding the vehicle was actually being operated.
 

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TheWraith said:
Took the words right out of my mouth. Without the vehicle being in motion, the courts will have a hard to finding the vehicle was actually being operated.
Fight it man, this ticket is totally bogus. Unless the vehicle was in motion there is no way he could issue a ticket. For instance, a drunken person gets into a car and starts, the officer has to wait until he actually puts the car into gear and moves it before issuing a ticket. You could let your 10yr old son start your bike or car and as long as he doesn't drive it, he is totally within the law. Now, if he puts it in gear and it moves, then the officer can be issue a driving w/o a license ticket and it can me towed.

Also, the helmet ticket follows under the same rules. Assume you get on your bike, start it and while its warming up, you are putting on your helmet and gloves. Is the cop actually going to give you a ticket for operating the bike w/o a helmet?

I would also file an official complaint against the officer when you go back down there tonight. Get a lawyer, and fight it. Then sue that police department. I'm sure when its all done with that officer will think twice before he attempts to abuse his power again.

Don't let this go man. The police are here to protect and serve their community, not harass and abuse.
 

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Discussion Starter #11
Actually in Canada if a drunk driver is sitting (could be sleeping) in his car and the key is in the ignition, he can be charged with drunk driving. The car doesn't have to be on at all.
 

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cole said:
Actually in Canada if a drunk driver is sitting (could be sleeping) in his car and the key is in the ignition, he can be charged with drunk driving. The car doesn't have to be on at all.
Same goes here. If you are drunk and pass out in your car with the keys in the ignition you can be issued a DUI. I've had friends that have gotten this bad rap before. If you do pass out, make sure it's in the passenger seat.

This ticket is complete bullshit. I know that down here there have been many instances where people will show to a bike night/party and not have their MC license. Cops show up, start kicking everyone out and checking licenses. Come across someone that doesn't have their MC license, all that person does is say "ohh I don't have my license. I'm going to call my buddy with a pickup to come get me right now. He dropped me off earlier." Cop can't do shit for you being in a private parking lot and operating a motor vehicle.
 

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laserbrn said:
Same goes here. If you are drunk and pass out in your car with the keys in the ignition you can be issued a DUI. I've had friends that have gotten this bad rap before. If you do pass out, make sure it's in the passenger seat.

This ticket is complete bullshit. I know that down here there have been many instances where people will show to a bike night/party and not have their MC license. Cops show up, start kicking everyone out and checking licenses. Come across someone that doesn't have their MC license, all that person does is say "ohh I don't have my license. I'm going to call my buddy with a pickup to come get me right now. He dropped me off earlier." Cop can't do shit for you being in a private parking lot and operating a motor vehicle.
Thats to bad for your friends. They should have faught it. My exgirlfriends mother was issued a DUI for sitting in her car with her boyfriend drunk. She faught it and won. The judge told her and the officer as long as the car isnt moving she can't be charged. This is also in California. As for the Canadians, damn sux to be you I guess :(
 

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In Iowa what he was doing is technicly operating the bike. If the vehicle is running and someone is in the operator seat then they are considered to be operating that vehicle.

That being said there are only some tickets that can be issued on private property such as a parking lot.

All in all depending where you were parked that wouldn't fly in the US and quite frankly I think that it is more than a bit excessive given the circumstances that are described. If someone was being an a$$ or causing problems I caould maybe understand going the whole nine yards, but still it sounds a bit much.
 

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TheWraith said:
Took the words right out of my mouth. Without the vehicle being in motion, the courts will have a hard to finding the vehicle was actually being operated.
It wasn't moving but the kid was in care and control of it (Canadian Criminal Code mumbo jumbo).
 

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Hey folks,
Just a friendly reminder as I have had to delete some posts here, like it or not, the term FTP will not be tolorated in this forum. Consider this your one and only warning. Now back to the show.
 

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Doraf said:
The judge told her and the officer as long as the car isnt moving she can't be charged. This is also in California. As for the Canadians, damn sux to be you I guess :(
Operation in Mass. is sitting in the car, on a public way, with the keys in the ignition.
 

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Well I know for a fact the police can give a ticket if you do not have your driver's liscense with you at the time so saying it is at home really won't do much. On another note to say this is a bad reason for living in Canada is just ignorant, the police have nothing better to do because there is no crime so they give small tickets. I'd rather have a ticket then be forced to carry a gun at all times to ensure safety.
 
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