With that in mind, I have been clearing out the shed of all my toys. I’m devastated, but don’t really have any choice as me and the ex need to split what we have 50/50, and rightly so. I put my absolutely mint TZR 250 (now a cult bike) up for sale. Within about a day or so I was contacted by a lady who wanted to come round for a look, we exchanged messages and arranged a time. She seemed like a nice lady and popped around for a look with her brother. I messaged her beforehand that I wouldn’t let her out on the bike if she wasn’t insured. She duly agreed (by messenger) and said she would bring the insurance certificate with her.

When she came round, I took a photo of the insurance certificate ( which did say she was allowed to ride other bikes not belonging to her) and off she went for a test ride. However, about 45 minutes later the police turned up as she had nearly run someone over on a zebra crossing. The result of that is she is getting done for careless driving. That’s her issue. The issue I have is the police are looking at prosecuting me for letting her ride the bike with no insurance.

Apparently, she wasn’t actually insured at all. Am I up the proverbial creek without a paddle? I have spoken to the buyer since and she told me that she and her brother (an IT whizz apparently) had conjured up the certificate on a laptop so I would let her out on the bike.

Answer

The police will likely want to interview you, but you are not guilty of an insurance offence from what you have said. There is the offence of “permitting” someone to ride your motorbike without insurance under s.143 of the Road Traffic Act 1988. However, there is well established case law (Newbury v Davis – 1974 R.T.R. 367) that you did not “permit” her to use the bike uninsured because you made it an “express condition” that she was insured. You have the messages and a photograph of the certificate of insurance to evidence that (do not delete these and save them).

Whilst it transpired her insurance certificate was fake, you did everything right. However, the buyer may be in a whole heap of trouble for faking the certificate and forgery offences can carry a custodial sentence. I would just add that if the police want to interview you, do not do this without legal representation present. You have the right to a free duty solicitor if you do not want to or cannot afford to pay for one.

Andrew ‘Chef’ Prendergast

Motorcycle Sport & Leisure – March 2025