However, last year he made contact and we hit it off. It turned out we both loved motorbikes. He’s a kind chap and insured me on his new KTM 890 Adventure.
Unfortunately, I got pinged speeding at 34mph in a 30mph limit. As he is the registered keeper, he got a Notice of Intended Prosecution and has been asked to identify the rider. However, I never told him I only had a provisional licence and he insured me on the basis I had a full licence (wrongly).
I didn’t think it would matter as I only intended to use the bike until I passed my test (which I intended to do in a couple of months once I saved up some more money).
He has gone bonkers now he has found out and has basically cut me off again. He has been a bit melodramatic and reckons I’ve let him down again. What can I do to get out of this?
Answer
I get why your brother is none too happy, as your actions have the potential to land him in a whole world of bother. If he ignores the request for driver information, he will likely be summonsed for failing to give information.
This carries a punishment of six penalty points and a fine of up to £1000. If he does identify you as the driver, you may get offered a fixed penalty offer. If you accept a fixed penalty offer then that may be the end of the matter, if you’re very lucky.
However, you can’t guarantee the Police will not ‘join up the dots’ and discover you only had a provisional licence.
In this scenario you could get summonsed for other offences such as riding otherwise in accordance with a licence and riding without insurance. Furthermore, in this scenario, your brother could be summonsed for letting you ride without insurance.
My advice is don’t flag up the issue with the Police and make a decision when you know what is going to happen.
Lastly, whilst not legal advice, morally, I would offer to pay your brother’s legal bill if it goes that way.
Andrew ‘Chef’ Prendergast
Motorcycle Sport & Leisure – June 2024
