I registered the bike in my name and duly got back the V5. As I was waiting for summer I didn’t bother insuring it at that time. However, I now have a court summons saying I committed the offence of being the registered keeper of a vehicle which does not meet insurance requirements. Surely I can defend it as I wasn’t on the road at that time. Can I tell them to poke off?
Firstly, I love your style. I wonder if my wife would do ‘her nut’ if I brought my old CB750K1 indoors… Anyway, s.22 of the Road Safety Act 2006 is what has caused you all your problems.
In essence the only way you can defend it is if any of the following applied.
- the bike was insured; or
- you had made a Statutory Off Road Notification (SORN) declaration; or
- on the date alleged you were not the keeper of the bike having sold or transferred it and having notified the DVLA of the transfer; or
- the bike was stolen and unrecovered; or
- the bike was an exempt vehicle from the requirement of third party insurance or security.
With the above in mind I am afraid you are scuppered and you need to plead guilty. Even though it was sat in your living room you still needed to have made a SORN declaration. On the plus side, there are no penalty points for this offence, only a fine.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly March 2016