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Need help. Can people test ride my bike?... It's not insured

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0l0dom0l0
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PostPosted: 08:09 - 17 Apr 2012    Post subject: Need help. Can people test ride my bike?... It's not insured Reply with quote

The time has come to sell my Fazer.

I transferred the existing policy (well what's left) on the new FZ6 I bought, so as it stands the Fazer isn't insured.

The bikes got MOT, and Tax which brings me to my first question... Am I breaking the law by having the bike taxed and not insured?

Its garaged, off the road if that helps anyone.

Now with regards to test riding, people will want to test ride the bike.... fine. On my insurance policy, I'm allowed to ride other bikes 3rd party and the exact wording of this is as follows:

The Policyholder may also drive a motorcycle not belonging to him/her and not
hired to him/her under a hire purchase or leasing agreement, as long as the
Policyholder has the owner's permission to drive it and provided that the
Policyholder is not in the motor trade of car hire business.


Which says nothing about the bike being insured.

So my question is, if someone has wording on their policy the same as this can they test ride the bike legally?

Or do bikes HAVE to have a valid insurance policy when on the road at all?

Help is much appreciated.
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Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30.
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Shaane
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PostPosted: 08:21 - 17 Apr 2012    Post subject: Reply with quote

I had my old G2 ninja tax and MOT'd in my garage with no insurance and have just received a £100 fine off the DVLA 5 months later. If the bike isn't insured then other peoples insurance won't cover them I don't think. My insurance says I can ride other vehicles providing that vehicle is insured by the other aswell.

HTH Thumbs Up
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rtho782
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PostPosted: 08:22 - 17 Apr 2012    Post subject: Reply with quote

If that is their wording they are doing nothing wrong by riding it.

However, as it is not insured, you should legally have it SORN'd as part of the new continuous insurance regime, or you are liable for a fine.

If it is SORN'd, it is not allowed on the road.

Another reason the continuous insurance rubbish is stupid, it prevents a perfectly reasonable situation.
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GREENI3
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PostPosted: 08:29 - 17 Apr 2012    Post subject: Reply with quote

In theory, if it's not insured, it has to be SORN or risk a fine.

Since you haven't got insurance on the bike, nobody could be insured to test ride it if they were planning to use a special condition on their own insurance (eg. able to drive other vehicles on TPO)

They could only test ride it if they took out an individual policy on your bike, unless the dvla catch on that the bike has been uninsured even for just a few days.


Last edited by GREENI3 on 08:31 - 17 Apr 2012; edited 1 time in total
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UnspeedySam
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PostPosted: 08:30 - 17 Apr 2012    Post subject: Reply with quote

I read somewhere that the continuous insurance rubbish might get phased out at the beginning of next year. No idea if there is any truth in it though...
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J.M.
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PostPosted: 09:20 - 17 Apr 2012    Post subject: Re: Need help. Can people test ride my bike?... It's not ins Reply with quote

0l0dom0l0 wrote:
The bikes got MOT, and Tax which brings me to my first question... Am I breaking the law by having the bike taxed and not insured?


Yes, but you could probably get away with it for a couple of weeks. It's up to you if you want to risk it though. As the 1st reply says, you could get a fine.

0l0dom0l0 wrote:
Its garaged, off the road if that helps anyone.


Doesn't matter unfortunately. Sure, it's not actually on the road, but they don't check that, they just check their computer systems and go "oh, he's taxed with no insurance!"

0l0dom0l0 wrote:
Now with regards to test riding, people will want to test ride the bike.... fine. On my insurance policy, I'm allowed to ride other bikes 3rd party and the exact wording of this is as follows:

[policy wording]

Which says nothing about the bike being insured.

So my question is, if someone has wording on their policy the same as this can they test ride the bike legally?


It depends on their insurance, but if it says the same as that then I would be inclined to say that they could.

My insurance says that too and I would ride an uninsured bike under the assumption that I was insured to do so. I'd go back and thoroughly read through the documents first though, just to make sure.

I think someone said on these forums that it matters what your documents say, not the insurer. So if your documents say nothing about it, you should be fine. Probably best to wait for a legal bod on here to answer that question though.

0l0dom0l0 wrote:
Or do bikes HAVE to have a valid insurance policy when on the road at all?


A bike doesn't actually have to be insured. If you have a spare £500,000 to deposit with the Accountant General of the Senior Courts, you don't need insurance at all Dance!
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Rogerborg
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PostPosted: 09:35 - 17 Apr 2012    Post subject: Reply with quote

You've got loads of grace. Workmate got about 3 months before the first reminder letter, and I had two bikes taxed and not insured last year, for about 6 months. I just ignored the flurry of "Now you will pay" threats from Capita Group Plc DVLA Collections, and they seem to have got bored and sodded off.

As noted, whether riders are insured on your bike is entirely down to what it says on their certificate of insurance.

From your point of view, you shall not be convicted of allowing them to ride your bike without insurance if "[you] neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above."

A chap's word is his bond, as far as I'm concerned. If it bothers you, ask test pilots to sign a declaration that they have 3rd party insurance, and to leave some ID with you (and take a copy while they're out so that you can shop them later if necessary).

If you're really worried, sell the bike with a 30 minute money back guarantee. Cash in your hand, sign a bill of sale, and come back in 30 minutes to either get the money back, or pick up the V5C.
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Wafer_Thin_Ham
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PostPosted: 09:39 - 17 Apr 2012    Post subject: Reply with quote

Shaane wrote:
I had my old G2 ninja tax and MOT'd in my garage with no insurance and have just received a £100 fine off the DVLA 5 months later. If the bike isn't insured then other peoples insurance won't cover them I don't think. My insurance says I can ride other vehicles providing that vehicle is insured by the other aswell.

HTH Thumbs Up


My insurance says I can ride other bikes TPO, makes no mention of them having to be insured by the registered keeper. Depends entirely on your policy.

And what are they fining you for? I've had bikes uninsured for ages before and never had an issue.
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Shaane
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PostPosted: 09:47 - 17 Apr 2012    Post subject: Reply with quote

Because the vehicle was still taxed and MOT'd but had no insurance on it. It's part of the new scheme to stop uninsured vehicles on the road. It was in my garage for 5 months with no insurance.
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multijoy
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PostPosted: 10:09 - 17 Apr 2012    Post subject: Re: Need help. Can people test ride my bike?... It's not ins Reply with quote

junglejim wrote:

It is my understanding that in order for a third party's insurance to be valid whilst riding your bike, the bike must be insured in your name also.


Pryor V GMP suggests otherwise.
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0l0dom0l0
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PostPosted: 20:25 - 17 Apr 2012    Post subject: Reply with quote

I've had a thorough read through my policy documents. It doesn't mention anywhere that for me to ride a bike TPO it MUST be insured.

So hypothetically, I'm looking at buying a bike. I want a rest ride but its not insured by the seller. It's got MOT and Tax etc.

Under my policy my understanding is I am covered to do that.

In my dads policy however, it says that he must not be the owner blah blah and the bike MUST BE INSURED.

I just wanted to cover my arse, incase someone did get stopped. Didn't fancy the £130 recovery charge or whatever.
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CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.

Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30.
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Rogerborg
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PostPosted: 22:47 - 17 Apr 2012    Post subject: Reply with quote

Unfortunately since the bike isn't on the MID it's liable to be stopped. However, their certificate of insurance (if it covers other bikes and doesn't mention them having to be insured) is completely sufficient to allow them to proceed. There was a Court of Appeals case about this recently, where Their Lordships noted that there is literally nothing else that a driver/rider can produce in order to satisfy the relevant legislation, either at the time or afterwards.

However to the however, Plod might not know that and will go by Computer Says No - in the case in question, they called the insurer and were told by a phone mong (flatly contradicting the certificate that the underwriter had issued) "Oh, no, there needs to be a policy covering the vehicle", so Plod seized it.

However to the however to the however, they'll be bang in the wrong to do so if they're shown a valid certificate, and you should be able to recover all of your costs eventually based on the existing case law.

All of which would be a huge ball ache though, which is why I suggest selling it with a money back guarantee, then it's not your problem what happens while the new owner is out riding their bike.


Shaane wrote:
I had my old G2 ninja tax and MOT'd in my garage with no insurance and have just received a £100 fine off the DVLA 5 months later.

No, you did not. It's not a "fine", it's an offer to bribe them (actually Capita Group Plc) to avoid prosecution. Prosecution will be at their cost and they won't see any money from it, so don't do anything rash, just SORN the bike online now and then ignore anything short of a court summons.

Absolute worst case, you can pay them in cash at the court room door. Offer £50 (the original "discounted" bribe rate that they initially demand), it's still more than they'll get if they actually go ahead with the prosecution.
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