canada: bike owner charged after loaning out bike

[z06boy]

Originally Posted by Dave

seriously. Lets charge the manufacturer too for making such a dangerous contraption. we wouldnt want people to hurt themselves

Well there was a case this morning on the news about some kid dying from getting hit with a baseball (I think) and the parents were suing "Louisville Slugger" for making the aluminum bat !!!! WTF ???????

[goof2]

Originally Posted by z06boy

That really sux but I guess 'if that's the law' he should have known.

The guy riding the bike didn't have the proper license to ride it. I didn't say I agree but that's evidently the way it is.

Several years ago I was out one night... in a 1995 Vette that I owned. I got hammered.

The guy that I was hanging out with that night doesn't normally drink...but he did have a drink that night but only one or two.

I gave him the keys...I passed out in the passenger seat. When I woke up there was a NC State Trooper in my Vette starting it up !!!

What had happened was...we had come up on a traffic check and they smelled alcohol on him and pulled him out of the car and was parking my car on the side of the road.

When I woke up I asked the officer what he was doing and told him this was MY car.

Well he said "oh it's your car(?)...then you're going to jail too for aiding and abetting a DWI !!!! "

They took both of us downtown but luckily my friend passed the breathalyzer and we were both turned loose.

Crazy story but true.

We had to get our own way back to my car which was several miles away...what a trip.

You are lucky. If that happened here your friend most likely would have been charged with impaired driving or whatever they call it when you are under .08 BAC but they still want to fuck with you. If the cops here take the time to bring you to get breathalyzed you are probably getting arrested for something unless the meter shows .00.

[karl_1052]

Originally Posted by CrazyKell

Weird and fucked up.

In BC, where I got my license, when you had your "beginner" license you had to be supervised at all times by someone else who held an M license (or Class 6 as it is there). They could be following you in a car, on a bike, etc. Bit of a strange system.

they have rthe same system in queerbec too, but the supervisor has to follow on another bike.

There is a similar law to the original posting, and I agree with it. It is to stop dumbasses from lending their bikes to even bigger dumbasses who don't know how to ride, and have no business on a motorcycle.
It doesn't happen now, but when I was in my early 20s, everybody and their dog wanted to try out my GSXR1100. That law gave me an excuse to say no effin way.

Originally Posted by goof2

You are lucky. If that happened here your friend most likely would have been charged with impaired driving or whatever they call it when you are under .08 BAC but they still want to fuck with you. If the cops here take the time to bring you to get breathalyzed you are probably getting arrested for something unless the meter shows .00.

Here the legal limit is 0.08, but they can charge you at 0.05. More political BS

[goof2]

Originally Posted by karl_1052

Here the legal limit is 0.08, but they can charge you at 0.05. More political BS

Here they can charge you for anything, but there was one cop who, if my memory is correct, arrested people for as low as .02. Sure, the person arrested will probably beat the charge but they will have spent money on a lawyer and time in court.

[pdog]

I don't see what the problem is here. It's illegal to let someone without a driver's license drive your car. The same is true of motorcycles. Why shouldn't he be charged with it?

[shmike]

Originally Posted by pdog

I don't see what the problem is here. It's illegal to let someone without a driver's license drive your car. The same is true of motorcycles. Why shouldn't he be charged with it?

It is?

I've never heard of that.

Do you have a statute to go along with that claim?

[Tmall]

Sure, accomplice to breaking the law..

There doesn't need to be a law that says, "you cannot give somebody your gun to commit murder". Its a given that if you assist in breaking the law in any way, you're an accomplice.

[Papa_Complex]

Originally Posted by pauldun170

Seems to me they had a big case of "Well we gotta charge someone with something?!" syndrome.

You're very likely right there. It's probably response to outrage or, as is unfortunately quite common these days, in order to avoid possible outrage. I couldn't count how many people I've known over the years, who borrowed bikes so that they could LEARN how to ride.

It's not illegal to operate a vehicle without a license on private property, if you either own the property or have the owner's permission to do so. There are some exceptions to this, but for the most part my statement is true.

[Tmall]

I think that once its registered, you're subject to all laws.

I've know ppl who've been charged with dui for sitting in there car drunk, in their driveway and listening to music.

And I know ppl who've been charged for no helmet, even though they were on private property.

[Papa_Complex]

Originally Posted by karl_1052

Here the legal limit is 0.08, but they can charge you at 0.05. More political BS

Close, but not quite. Up here, under graduated licensing, you are limited to zero BAC until you get your full license (minimum 20 months with G2/M2 license before graduating to full M or G).

With a full G or M, if you blow in the 'warn range (about 0.05 and below 0.08 BAC; well actually 0.10, because that's what the breathalizers are calibrated to) then they will take your car and license for 3 days, leaving you at the roadside. You will never see a court. You will never be able to dispute the suspension or seizure of your vehicle. If they catch you again, then the same will happen for 7 days, then 30 days if it happens again.

There is no charge but there is an administrative suspension attached to your record, with nothing that you can do about it. Guilty, without a trial.

Originally Posted by Tmall

I think that once its registered, you're subject to all laws.

I've know ppl who've been charged with dui for sitting in there car drunk, in their driveway and listening to music.

And I know ppl who've been charged for no helmet, even though they were on private property.

"Impaired Operation" is a different story and it's governed by the Criminal Code of Canada. There's something called "care and control"; if you are in control of a vehicle, whether operating it or not, you can be charged with impaired. Impaired operation charges don't require that you be on public roads, as they also apply to aircraft and boats.

In Ontario, at least, helmets must be worn unless you're on YOUR OWN property, or property on which you reside (lease/rent).