Q I put my old Yamaha Fazer 1000 up on eBay, and had a chap visit for a look before placing a bid. I let him have a spin around the block, but he clipped an old lady on a zebra crossing. The police were involved, and he’s getting done for careless driving. That’s fair enough as he should have seen her, but the problem I have is I’m getting done for letting him ride the bike with no insurance. That can’t be right can it? I was insured if I rode the bike but it’s his problem if he isn’t insured isn’t it? Surely he should get done for no insurance, not me.
A. Despite your honest belief you have done nothing wrong, I am afraid that even though you personally had insurance, as you let the potential buyer out without checking he was insured to ride, then you are guilty of permitting him to ride without insurance. The law relating to insurance is very strict, and there is no defence in this case. The Court could sentence you by way of 6 to 8 penalty points, or a possible disqualification. This is in addition to a fine and court costs. As such, my advice would be to plead guilty and try and obtain the lowest sentence possible.
As for the eBay chap, I hope you got the money off him for the now bent bike. He can also expect to be “stuck on” for riding without insurance as well as careless driving.
White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column. www.whitedalton.co.uk
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