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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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I am using a German registered motorcycle whilst touring in

Resolved Question:

I am using a German registered motorcycle whilst touring in Europe with my friend, he has offered to let me ride it back to the UK and he will ride it back to Germany in a few months. His insurance has covered me in Europe since it applies to the vehicle, I can ride the motorcycle outside of Germany provided it does not stay outside of Germany for more than 6 months in a year. The DVLA have indicated that I don't need to register the vehicle since it is not mine and will be in the UK for less than 185 days in a 12 month period. The bike is 14 years old and taz has been paid in Germany so I am not breaking any HMRC regulations. The motorcycle is taxed, insured and MOT'd in Germany.
The Police are unable to tell me that I CAN ride the bike, they "believe" that I cannot yet are unable to tell me that I would be in contravention of law X / Section Y and that the penalty would be Z..... I have no idea if I can ride my friends motorcycle in the UK but I have been riding it across Europe with no issues....

I cannot import a vehicle I do not own that is registered to another EU citizen, if I am insured and it is taxed / MOT'd by the registered owner - Can I ride it in the UK ? if not, what law am I breaking and what would the charge and penalty be if I were stopped ?

Cheers,

Andy
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If you are simply riding the bike in the UK for a temporary period it is no different from someone bringing their car over to the UK from abroad for a holiday.

Alex Watts :

As long as it is abiding by the German legal requirements and it is suitably insured in the UK then it will not be an issue.

Alex Watts :

Being in the EU means the free movement of services, goods and people.

Alex Watts :

As long as it holds valid insurance in the UK then it will not be an issue

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zxzb533l- :

Hi Alex,

JACUSTOMER-zxzb533l- :

the motorcycle is insured in Germany as per my question, German insurance complies with EU law and is vehicle based, this means that anyone from the EU over 21 is covered on the policy wherever they live - provided that the vehicle is not outside of Germany for more than 185 days. The PNLD believe that a UK citizen cannot ride an EU plated vehicle in the UK - this is what I seek clarity on, "believe" is not a legal position.... I am either breaking a law or not, if I am there would be an associated penalty ?

Alex Watts :

As long as it is insured in the UK and there is only temporary admission then it will not be an issue.

Alex Watts :

If they can't tell you what the offence is then clearly no offence can occur!

JACUSTOMER-zxzb533l- :

The insurance policy is in my friends name against his registered address in Germany, which is where the vehicle is registered. It is NOT possible for a UK resident to insure a foreign plated vehicle that they don't own regardless.

JACUSTOMER-zxzb533l- :

.... he is a German national...

Alex Watts :

But if he can insure you then it will not be an issue.

Alex Watts :

That will be fine.

Customer:

Thanks Alex, so to be clear - it IS acceptable for a UK citizen to drive an EU (non-UK) registered and plated vehicle on UK roads (provided the vehicle is registered in its home country, has insurance, tax and MOT)? is there a period of limitation similar to the insurance / DVLA whereby this cannot occur for more than 185 days in a 12 month period for example ?

Alex Watts :

Yes. As long as it is registered, plated, insured, taxed in the home country etc and as long as it is only temporary in the UK - it is fine.

Alex Watts :

Can I clarify anything else?

Customer:

Okay - so, last bit. Do you know what the temporary limitation is ? how many days ? I'm just a little nervous since I've just realised that you are a specialist in another field. Thanks, Andy

Alex Watts :

Sadly I don't know the answer to that.

Alex Watts :

That limitation question is quite specialist.

Customer:

Ah - so now I'm not sure what to do, presumably if I leave the question open I can't rate your response without having to repose the question / leave it open ?

Alex Watts :

It is a matter for you. The initial was whether it was legal or not - the answer is yes it is legal

Alex Watts :

But I note you have asked a further question as to the time period, that is the part to which I do not know the answer.

Customer:

The original question does say that it will be in the UK for less than 185 days, as you say - the answer is not specific.

Alex Watts :

Indeed, I shall leave it open if you wish?

Customer:

Yes please Alex

Alex Watts :

Ok - no need to reply to this as it comes back to my inbox as it thinks you are stuck!

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I will be able to help with tis.

I'm sorry if I'm missing the point but I'm not sure what you mean by the temporary limitation?

If you mean how long can the bike be in the UK for before you have to register it then its up to 6 months in a 12-month period and that can be made up of 1 single visit, or several shorter visits adding up to a 6-month period.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks Jo, my query on the temporary limitation was in relation to Alex's response, she was unsure on how long I could ride the bike in the UK before it had to become imported.


 


I was also uncertain since her background was not transport law, which is yours, plus I was unfamiliar with the site.


 


With your response my understanding is now that I am indeed entitled to ride a German registered, taxed, motd and insured vehicle in the UK for 6 months, the fact that I do not own the vehicle and it is registered in Germany and insured in Germany by a German citizen is not an issue. Provided the vehicle is road legal in its country of registration, and the insurance covers me to ride it, it can be ridden by a UK citizen resident in the UK on the German plates?


 


If this is the case then my query is resolved and if the police query me at any point I can explain the situation.


 


Many thanks


 


Andy

Expert:  Jo C. replied 3 years ago.
Yes, that is absolutely right.

Obviously it is a little more complicated when you import although it can be done - there needs to be dual recognition documents completed etc.

If its just a visit for up to 6 months though then as long as its passed the German equivalent of an MOT, has insurance that covers you and you are licensed then that is fine for up to 6 months.

Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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