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"Thousands unwittingly uninsured"

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truslack
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PostPosted: 17:11 - 30 Jan 2012    Post subject: "Thousands unwittingly uninsured" Reply with quote

Although I hate MCN, my dad sent me a link to this.

https://www.motorcyclenews.com/MCN/News/newsresults/General-news/2012/January/jan3012-thousands-unwittingly-uninsured/

MCN bollocks, or something for those of us who did the A2 test to worry about?
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Wafer_Thin_Ham
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PostPosted: 17:16 - 30 Jan 2012    Post subject: Reply with quote

Misleading title.

Could be uninsured. The guy mentioned also refused to pay the £35 extra. I mean really.

Good that I'm with MCE and they don't agree with the ombudsman. Cool
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RePT
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PostPosted: 17:44 - 30 Jan 2012    Post subject: Reply with quote

so, were not allowed to carry a pillion, untill the 2 year restriction ends?

And we have to put the L plates back on!?

JJokes
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P.
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PostPosted: 18:39 - 30 Jan 2012    Post subject: Reply with quote

Pfft, DVLA can take them all to court and lose.

Category A is full bike entitlement end of.

Same as Category B, you do the test that is it. Auto tests get auto cars, we get 33hp for 2 years. Simple as shit.

Someone needs to teabag the DVLA chief..

Once Cat A is on your licence, that is it.. a pink licence is a full licence, DVLA can suck on some serious amounts of wang.
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J.M.
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PostPosted: 19:20 - 30 Jan 2012    Post subject: Reply with quote

Agree with Paddy.

When you pass your "A2" test you are awarded a FULL A licence. The "2" is a subcategory of the FULL A license which makes people call it the "A2" licence. As Roger loves to say, there is actually no such thing as an "A2" licence (yet).

If we check the Direct-Gov website just here we can see that:
https://www.direct.gov.uk/en/Motoring/DriverLicensing/WhatCanYouDriveAndYourObligations/DG_4022547 wrote:

P Mopeds with an engine size of up to 50 cc and a maximum speed of up to 50 km/h [age] 16
A1Light motorcycles with an engine size of up to 125 cc and a power output of up to 11 kW (14.6 bhp) [age] 17
AMedium-sized motorcycles up to 25 kW (33 bhp) and a power to weight ratio of up to 0.16 kW/kg [age] 17
AMotorcycles with a sidecar and a power to weight ratio of up to 0.16 kW/kg [age] 17
AAny size motorcycle, with or without a sidecar if you have completed the large motorcycle Direct Access Scheme [age] 21*
*You can ride a large motorcycle at any age two years after passing a test on a medium-sized motorcycle.


This list quite clearly states that the 33bhp restriction is actually an "A" licence.

The website here says:
https://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/RidingMotorcyclesAndMopeds/DG_4022568 wrote:
a standard motorcycle licence (A), is obtained if the practical test is taken on a bike of over 120 cc but not more than 125 cc and capable of at least 100 kilometres per hour (km/h per hour)..
After passing the standard motorcycle practical test, you will be restricted for two years to riding a bike of up to 25 kW and a power/weight ratio not exceeding 0.16 kW/kg. After this you may ride any size of bike.


Which also quite expressly states that a standard motorcycle licence is awarded even though after passing the test you are restricted.

And the website here quite clearly states:
https://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/PracticalTest/DG_178483 wrote:
Sub-category A2 (standard motorcycle)


Furthermore, under the "new drivers act", which also applies to motorcyclist, after obtaining a full licence (code 118) you are on a 2 year probationary period. The code 118 as shown here states "start date is for earliest entitlement". If you pass your bike test before your car test you will notice this on your licence still.

And finally, there is no option to tell insurers that you currently have a "restricted" licence. Just "Full UK" and "Provisional UK" are applicable to me. As I do not have a "provisional licence" but rather a "Full" licence (as indicated by having a pink-photocard licence), by logical conclusion the "Full UK" is the only option that I may choose.

In my honest opinion, though Sickpup, T.C. and Roger may be better to ask, the insurance companies would not have a leg to stand on if you took them to court.
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.Chris.
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PostPosted: 19:38 - 30 Jan 2012    Post subject: Reply with quote

£35 isn't much, but given it's a CD200 we're talking about, this could amount to another 50% on top of the premium.

If it's not a full licence, then why are 33bhpers allowed to use motorways and carry pillions? Given that the bike in question was well under 33bhp, surely this means the rider had a full licence for the machine in question?

Sounds rather like ebike trying to use a dubious/nonsensical technicality to get out of paying a claim. This is not the first time I've heard bad things about ebike.
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Last edited by .Chris. on 19:42 - 30 Jan 2012; edited 1 time in total
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iooi
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PostPosted: 19:39 - 30 Jan 2012    Post subject: Reply with quote

Quote:
The Financial Ombudsman rejected Osborn’s complaint, telling him: ‘You discussed the problem with the DVLA and various emails confirm you passed your test on 29 April 2000 but – significantly – were restricted from riding larger bikes until 29 April 2002, because you were under 21 when you passed the test. As a result, you did not have a full licence until 29 April 2002.’


Oh dear.......

Since when has the restriction stopped you from riding larger bikes .....


Perhaps the FSA would be better tasked with taking the Ins brokers to task over their fee's......
And leaving this to the relevent bodies.. Twisted Evil
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Rogerborg
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PostPosted: 19:50 - 30 Jan 2012    Post subject: Reply with quote

We were just talking about this here recently. My view, copied and pasted from MCN for your pleasure:

I've just had this exact discussion with the DVLA, and they won't budge on the way that they record license categories. They claimed to be unaware that anyone had had an issue with insurance because of it - I have the emails available if anyone is interested.

I do have to take issue with the use of the term "full license" here, because while many insurers do stitch us up by only listing "provisional" and "full" (or some other nonsense term), eBike are one of the few outfits that do allow us to distinguish between provisional, A1, "A2" (no such category exists, they presumably mean "A <= 25k") and A, so they're very slightly less despicable than most other insurers pulling this trick.

If you do get stung with this, take a very careful look at what your insurer asked. Some of them do ask for the date that you passed your test and so can jog on, and some only let us enter "full" (or "A") and are also on a sticky wicket - how are you meant to tell them that you've got "A1" or "A <= 25kW", and how on earth can your license category upgrading lose you 2 years of experience? Ambiguity in a contract, especially a contract of adhesion, should be decided in favour of the party that didn't draft it, they shouldn't be given a chance to turn round later and say "Oh, right, what we meant to ask you was..."

OK, eBike do actually ask the right question, but boo sucks to the Ombudsman, and I hope that someone with a more ambiguous insurer takes this to a proper grown up court which should throw it out on its ear if there's any vagueness in what was asked.

It's the insurers' ostensible job to get this right, and they've got absolutely no excuse for pleading ignorance since the Directive that defined the "A <= 25kW" license was published in 1991. We shouldn't need to still be explaining the correct license terminology to them over 20 years later.
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koolio
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PostPosted: 19:53 - 30 Jan 2012    Post subject: Reply with quote

An A2 licence is a full licence.

If it wasn't a full licence you wouldn't be allowed on motorways etc.

What it is is a full licence to ride a bike under or equal to 33bhp.

If it was a partial licence or a temporary licence you'd have take another test etc. or wear L plates.

So the ombudsman is talking out of his arse, and simply using semantics to favour the insurance company.
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anthony_r6
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PostPosted: 20:29 - 30 Jan 2012    Post subject: Reply with quote

Looks like MCE or Carol Nash will be my next insurer.

Why can't anybody get their acts together?

The whole system is a joke.
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crazyjoyce
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PostPosted: 20:43 - 30 Jan 2012    Post subject: Reply with quote

what's MCE's view then? i can't see anything online. anyone got a link?
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Jayy
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PostPosted: 23:49 - 30 Jan 2012    Post subject: Reply with quote

I'm insured with MCE and regularly check Ask MID ( Just checked it ) to make sure I'm still insured because I don't trust MCE.

I made the mistake of putting I had a full license for 8 years when I got my first ZX6R when in reality, I had only had a full license for 24 hours. The question asked, "How long have you held a motorcycle license for?" Which my answer was true, it didn't state, "How long have you held a FULL motorcycle license for?".

I thought fully comp on a ZX6R at £300 was cheap for a first big bike!
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Walloper
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PostPosted: 01:15 - 31 Jan 2012    Post subject: Reply with quote

Big_Ham wrote:
Misleading title.

Could be uninsured. The guy mentioned also refused to pay the £35 extra. I mean really.

Good that I'm with MCE and they don't agree with the ombudsman. Cool


I'm with MCE

It's a laugh. They do keep you on your tippy-toes with their documentation.
Never just file it to folder under Bike Stuph. The documents usually have errors and they will not take a telling when they get it wrong.
But they are cheapest and I have not had any complaints since my first policy through them two years ago. I have both my bikes at MCE.


None of the on-line forms offer an option to select 'restricted'.
So the ombudsman is talking a load of old pony.
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st3v3
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PostPosted: 02:55 - 31 Jan 2012    Post subject: Reply with quote

RePT wrote:
so, were not allowed to carry a pillion, untill the 2 year restriction ends?

And we have to put the L plates back on!?

JJokes
Since you can't carry pilloins on L plates anyway, just carry on as people do.
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ninja_butler
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PostPosted: 08:39 - 31 Jan 2012    Post subject: Reply with quote

Absolutely ridiculous. This problem could easily have been solved by insurance companies asking the simple question "do you have a full motorcycle license or does your license restrict you to 33bhp?"

According to MCN, 87.43% of people didn't know that an A1 license does not count as a full motorcycle license - and I'm one of them.
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daemonoid
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PostPosted: 10:07 - 31 Jan 2012    Post subject: Reply with quote

The DVLA website is unequivocal about it:

DVLA wrote:
Full motorcycle licence
The practical test must be taken on a bike of between 75 cc and 125 cc. There are two types of full motorcycle licence:
a light motorcycle licence (A1), which restricts riders to any bike up to 125 cc and a power output of 11 kW
a standard motorcycle licence (A), is obtained if the practical test is taken on a bike of over 120 cc but not more than 125 cc and capable of at least 100 kilometres per hour (km/h per hour)..


Source and also pic taken / attached for posterity.

Note contrary to popular opinion the Direct Access is not the way to get a full license, it's the way to jump the restriction for those over 21. Accelerated access is different again and is for those under 21 but with 2+ years riding (all in the link).
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Rogerborg
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PostPosted: 10:14 - 31 Jan 2012    Post subject: Reply with quote

Walloper wrote:
None of the on-line forms offer an option to select 'restricted'. So the ombudsman is talking a load of old pony.


Again: this case is about eBikeInsurance, who do list all the license categories (more or less), and ask how many years "this" license has been held. It's as close to a correct question as I've seen from any insurer.

They're very much the exception though, so don't assume that this verdict will apply to anyone else.
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calyx
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PostPosted: 10:24 - 31 Jan 2012    Post subject: Reply with quote

Passed my bike test on a 125 in 2002
Passed the car test in 2004

Licence says;

A from 2004
B from 2004
fkp 2002 (with an information code 118)

So... What does this mean?
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LordShaftesbu...
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PostPosted: 11:17 - 31 Jan 2012    Post subject: Reply with quote

As far as I can tell the problem is that there is no such thing as a "full license". Insurance companies just should not use this phrase, as essentially it's meaningless. No wonder there's confusion.

I could argue that even an A1 is a full license, a full license to ride a certain type of vehicle, just like the other categories are full licenses to ride/drive other types of vehicle.
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LordShaftesbu...
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PostPosted: 11:22 - 31 Jan 2012    Post subject: Reply with quote

daemonoid wrote:
The DVLA website is unequivocal about it:

DVLA wrote:
Full motorcycle licence
The practical test must be taken on a bike of between 75 cc and 125 cc. There are two types of full motorcycle licence:
a light motorcycle licence (A1), which restricts riders to any bike up to 125 cc and a power output of 11 kW
a standard motorcycle licence (A), is obtained if the practical test is taken on a bike of over 120 cc but not more than 125 cc and capable of at least 100 kilometres per hour (km/h per hour)..


Source and also pic taken / attached for posterity.


I just read this properly, excellent stuff. Thumbs Up Karma
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P.
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PostPosted: 11:27 - 31 Jan 2012    Post subject: Reply with quote

Someone willing to can their "A2" pass certificate Wink
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c-m
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PostPosted: 11:33 - 31 Jan 2012    Post subject: Reply with quote

I don't see what the issue is.

The guy in the story just needs to take his complaint further up the chain.

The financial ombudsman was probably the wrong place to go to for amounts to a contract law dispute over representation.

Just like we have government MOT centres, it's about time we also had a government insurance company (since it's a legal requirement of vehicles), that way they could set the standard for the industry.
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Rogerborg
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PostPosted: 11:52 - 31 Jan 2012    Post subject: Reply with quote

calyx wrote:
Passed my bike test on a 125 in 2002
Licence says;
A from 2004
So... What does this mean?


That as far an an insurer is concerned, you got your license in 2004, unless you can show evidence to the contrary.

That means providing your pass certificate (never, ever lose it), or check your counterpart: it should show "A2" entitlement from 2002. That's a bogus category, which the DVLA freely admit, but they use it unambiguous to mean "A <= 25kW".

Of course, if your insurer does what eBike does and gives the option of selecting between:

UK Full motorcycle (A)
UK Full motorcycle (A1)
UK Full motorcycle (A2)

and asks you when you obtained "this" license, then they can reasonably expect you to select "A" and 2004.

I unfortunately think that the Ombudsman probably got it right in this specific case, and that it's been slightly misreported, but let's not just roll over for more ambiguous insurers.
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Walloper
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PostPosted: 12:03 - 31 Jan 2012    Post subject: Reply with quote

Rogerborg wrote:
Walloper wrote:
None of the on-line forms offer an option to select 'restricted'. So the ombudsman is talking a load of old pony.


Again: this case is about eBikeInsurance, who do list all the license categories (more or less), and ask how many years "this" license has been held. It's as close to a correct question as I've seen from any insurer.

They're very much the exception though, so don't assume that this verdict will apply to anyone else.


I think I insured my 1st R1200GS with those cnuts. about 6 yrs back. I can't remember if they distinguished between restricted and non-restricted.

But.... If it's in MCN then it must be something non-everyday they've generated for a head-line.
MCN are known to be worst offenders at that.

Not making up News more extravagazing some stuff.
I read that story has dates from 2002 ???? WTF?

Bottom line... the silly cnut could have paid the £35 to cover his silly arse if that was the case.
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