Living Room Storage

Living Room Storage

I hate the state. Have they not got anything better to do? I bought an old Norton off my mate to add to my collection (the wife ain’t too happy as it’s in our living room!). He had been riding it last year legally on the road.

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?

Answer

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.

  1. the bike was insured; or
  2. you had made a Statutory Off Road Notification (SORN) declaration; or
  3. 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
  4. the bike was stolen and unrecovered; or
  5. 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

Posted by Andrew Prendergast. Posted on: August 11, 2016 at 12:00 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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