Bike’s riding expert says…
Are Kev and Mark in potentially hot water? Unfortunately, yes. Both are effectively on the wrong side of the road and causing another driver to have to alter their road position. Therefore, either or both of the boys could face a prosecution for driving without due care and attention. If Kev or Mark finds themselves in the dock at the Magistrates’ Court, the Crown Prosecution Service will likely call as witnesses the police who were in the car. Magistrates often find policemen to be very good witnesses with no particular axe to grind.
A rider will be found guilty by a court of driving without due care and attention if their riding falls below what would be expected of a competent and careful rider. What that constitutes will depend on the court considering what Kev or Mark could have been expected to be aware of. Here, they should both have been aware that getting their knee down on a right-hander, with their heads or bodies hanging over the wrong side of the road, could cause a hazard to other road users.
If found guilty, the likely punishment for such an offence would be a three to nine penalty points endorsement and a maximum fine of £5000, plus court costs. Further, for offences where a fine forms part of the punishment, a convicted offender would usually be required by the court to pay a Victim’s Surcharge of £15. Alternatively, the Court has the power to consider a disqualification from riding.
Andrew ‘Chef’ Prendergast
White Dalton Motorcycle Solicitors
