Harry Lime wrote:Sorry I didn't scan it, as you requested.
I'm a working man & was busy then just forgot.
Is the full communication available for our perusal?
H.
"Dear Mr Polin,
re: Motorcycle stopping in North Wales
When you originally started in your post I wrote to you expressing my deep dis gust at your predecessors blunt method of stopping motorcyclists en masse, often for considerable time.
This was under the pretence of "education" when in reality what it actually was was a bullying tactic to discourage visitors to the region.
I sadly note that you've again decided to resurrect such a blunt and possibly illegal arbitrary stopping policy. I say illegal because I firmly believe that you singling out members of the public who use motorcycles is against article 14 of the Human Rights Act, which categorically states that a person should be free from any prejudicial treatment for association with property.
The old excuse that your officers trot out about motorcyclists being tired and having to face challenging roads is completely vacuous. I will repeat what I stated in my original email, I have ridden for over 38 years all over the world, I ride daily. I live in north Wales, so when I'm stopped by your officers, whom will no doubt be far younger and less experienced than I, I feel I would be quite within my rights to refuse the "safety" lecture as I will not be tired, living nearby, will not find the roads overly challenging, as I've survived 38 years on them I would feel I am doing it to a reasonable standard.
In addition when I am stopped by your officers, for no other reason than these illegal lectures, I will require that they give me their full details, details of the senior officers that have directed them to stop me and will be making formal complaints under the Human Rights Act over the policy you are thrusting upon law abiding citizens.
In closing, and just in case you're unaware of Art.14 of the HRA it states:
"Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. “
As stated, focusing on members of the public because they own a motorcycle is contrary to the Act!
As a side issue do you not realise the damage you do to the north Wales economy by alienating visitors to the region? In the current climate I am sure many business owners find the income from all visitors as necessary.
Yours sincerely
Steve Parry"
reply
"Dear Mr Parry
Thank you for your e-mail relating to our efforts to save lives and reduce road casualties.
I attach the full press release that was prepared to herald the annual campaign to reduce motorcycle related death and injury. I do this because you may have only seen a truncated version in a newspaper or magazine which somehow distorts the full release. Nowhere does it make any reference to the stopping of motorcyclists en masse.
Operation Focus has taken place every year since I took up office and motorcyclists have been stopped lawfully using the powers of Section 163 of the Road Traffic Act 1988, by officers from our Roads Policing Unit.
The protection of life and property is one of the primary duties of a constable and our road casualty analysis shows that a disproportionate number of motorcyclists die on our roads each year, so doing nothing is not an option for me.
As you choose to quote the Human Rights Act let me highlight to you Article 2 of the European Convention on Human Rights, the right to life. This creates a positive obligation upon the state to take appropriate measures to safeguard life. In this regard, the principal duty is to have effective criminal legislation and law enforcement. The European Court has said that, in certain circumstances, the state’s positive obligation extends to the protection of an individual whose life is at risk from the criminal acts of another individual.
Whilst our press release makes specific reference to fatigue there are a whole host of factors at play in road death and injury including, frankly, criminal driving and riding which I will not tolerate.
It is of course your prerogative to make a complaint following an encounter with the Police but I can assure you the powers we are using are lawful.
Yours sincerely
Mark Polin
Prif Gwnstabl/Chief Constable"
My response
"Hi Rebecca
I acknowledge receipt of your reply on behalf of Mr Polin and thank
you for it.
However, I maintain that North Wales Police are wrong in this, and it
has been found on occasions that the police have been wrong many times
when issues have gone to Court.
For instance the heavy handing stop and search policies that were undertaken in the name of the Terrorism Act that the Courts strongly disagreed with and deemed illegal. No doubt chief constables across the country thought their officers actions were within the law, until they got their knuckles rapped from the Courts.
My understanding is the at least 10 people per year are killed and 150
seriously injured while walking and climbing in Snowdonia, as well as
the injuries to cyclists, horse riders etc. Using your argument the
police are responsible for those people too but I see no evidence at
all of them being stopped for a "safety lecture". Or the high fatality
figures that affect young drivers, a group that's an incredible risk
to themselves and others yet they don't appear to have mass stops, or
the huge amount of, mostly, young women I see driving while texting.
But no let's attack motorcyclists because they're an easy target group
from a police perspective.
I assert that the "safety lecture" is an intimidation technique
entirely designed to discourage visitors to the region, and even if
there's the slightest chance it isn't the general public will see it
as such and the forces actions will have their desired result ....
motorcycle visitors will stop coming to the region and will also stop
bringing their business and money in. Engaging motorcyclists with
programs such as Bike Safe is a much better method. Paul Cheshire does
wonders for public relations of the police with motorcyclists via the
Bike Safe scheme, then the heavy handed media releases of the force go
and undo much of his good work.
If I've done something wrong I have no problem with being stopped and
will accept the consequences. However, to be stopped because it's
assumed I am or have done something wrong is against my understanding
of how the law is supposed to work. I was under the belief that one of
the precepts of the legal system is that someone is innocent until
proven guilty. The force appears to believe that motorcyclists are
guilty and must prove their innocence?
My vehicles are taxed/insured/MOT'd etc. I hold a licence to ride and
to drive, my tyres, brake and suspension etc is all in good order and
I've ridden for over 39 years, lost a brother in a motorcycle RTC, so
to be subjected to arbitrary stops for a "safety lecture" to be told
the "dangers" of motorcycling is surely pointless? So am I free to tell the stopping officer it doesn't apply to me and ride off? Bear in mind most bikers nowadays are 40 plus so we're well aware of the dangers as we've been tax paying adults for a considerable time!
yours sincerely
--
Steve Parry"
No further repsonse
