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Will this put the restriction myth to bed?

  • 21-03-2007 8:15pm
    #1
    Registered Users, Registered Users 2 Posts: 19,049 ✭✭✭✭


    Ok, so they've released the new ROTR and it CLEARLY states that you can ride a bike with a p/w ratio of 0.16kW/kg under restriction. It can be over 25kW so long as it meets the ratio! Now, they don't define what weight in the relevant law, dry, kerb or laden. So, the logical thing to use is DGVW, design gross vehicle weight, same as all the other weights used in other legislation.

    page 13 of this. Note the OR!!!


Comments

  • Registered Users, Registered Users 2 Posts: 4,109 ✭✭✭sutty


    It is a bit unclear on that one. As it does not state what it should be. Maybe someone should ask the people in charge of releasing the book?


  • Registered Users, Registered Users 2 Posts: 6,236 ✭✭✭Idleater


    sutty wrote:
    It is a bit unclear on that one. As it does not state what it should be. Maybe someone should ask the people in charge of releasing the book?

    I agree.

    I believe that the law should be AND.

    That book is not law. - it should be, but isn't.


  • Registered Users, Registered Users 2 Posts: 19,101 ✭✭✭✭Del2005


    nereid wrote:
    I agree.

    I believe that the law should be AND.

    That book is not law. - it should be, but isn't.

    But thats the beauty of it. They have an OR in and thats what the law. As was pointed out to me recently on a fourm about trailers. It's whats written down that counts and not what they meant. If they want to replace the OR with an AND they'll have to change that peice of legislation!


  • Registered Users, Registered Users 2 Posts: 19,049 ✭✭✭✭murphaph


    Del2005 wrote:
    But thats the beauty of it. They have an OR in and thats what the law. As was pointed out to me recently on a fourm about trailers. It's whats written down that counts and not what they meant. If they want to replace the OR with an AND they'll have to change that peice of legislation!
    Exactly! The mistake is in the legislation and the ROTR is just reiteratng it for all to see. So long as your bike falls under the p/w restriction you are perfectly legal, nevermind wha they 'meant to do'!


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It all depends on how you interpret OR (don't get me started). However, if a person was challenged in court on this technicality, it would more than likely be struck out because the law is ambiguous on the matter.

    So for all intents and purposes, you can take it to mean that you can drive a bike which is either under 25kW or under 16KW/kg.

    As someone else points out, the ROTR is neither law, nor an interpretation of the law.


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  • Registered Users, Registered Users 2 Posts: 19,049 ✭✭✭✭murphaph


    The law is not ambiguous though. It says 'or' not 'and'. The ROTR just repeats the same 'or'.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Logical OR versus lexical OR. As I said, don't get me started ;)


  • Registered Users, Registered Users 2 Posts: 19,049 ✭✭✭✭murphaph


    So what's your take on the weight? dry,kerb or laden? I'll take laden with lead :)


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Kerb weight w/ 10l of petrol. Of course. :)


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