As I am now retiring and handing this column over to my friend and former partner Andrew ‘Chef’ Prendergast, with whom I went to the Sahara on some elderly hired BMW 650s, my mind turned to the big changes I have seen from a legal perspective in those 10 years.
The first was the setting up of the Trans Euro Trail, and the second was Brexit—and the two are linked. Whilst for the ordinary rider, disappearing for four or five weeks into the EU on a dirt bike, the impacts of Brexit have been modest, Brexit has thrown some sand in the gearbox.
Crossing into France, for a period, was something of a gamble with an enduro bike in a van. There was a time when I would get frequent calls from riders who had carnets demanded of them in France, but les douaniers have ameliorated their strict interpretation of what needs a carnet and what is for tourist purposes. However, it is still a risky proposition driving into France with more bikes than owners in the back of a van or in a trailer.
At some point, new arrangements for third-party nationals entering the EU are going to come into force, which will snarl up the queues at EU ports of entry, for a period at least. The 90 days in 180 rule (that is, no third-party national can stay in the Schengen area for more than 90 days in any 180 days), which covers pretty much all the EU excluding Ireland and Cyprus, means that epic tours of Europe cannot be broken up by popping over to non-Schengen EU countries. This will be a limiting factor for a few.
The inability to bring a claim in British courts for injuries sustained in the EU has been the saddest consequence of Brexit. Prior to Britain leaving the EU, an injured rider could do so, which in England and Wales meant a ‘no win, no fee’ arrangement, with significant costs protection in the event of a loss. The rules relating to evidence, procedure, and costs were British rules. The amount of the award was governed by the accident location. Now, a British rider injured in Spain, France, or Portugal will need to find a local lawyer and pay the lawyer up front, as well as bearing the costs for interpreters.
With numerous TRF members exploring the fantastic trails of the TET and Adventure Country Tracks (ACT), I do get frequent calls from riders who I can no longer help. Mostly, the downside of Brexit with regard to our passion has been limited to minor irritants (apart from those poor souls who were turned around in France for not having a carnet). But the hurdles for bringing an injury claim arising from an incident in the EU now mean it is only viable for those whose injuries have been serious—and who have the funds to pay upfront.
Andrew Dalton
Trail Riders Fellowship – Summer 2025
