There are several types of rides and they include the following:

Dealer - When you go to your friendly dealer to ride the new ZX-12R, it is likely he will look at your license and make you sign an undertaking. If you read this carefully it usually says that you will pay the excess of $1000 and the insurer will pay the rest – which is fair enough.

Mate- If you have an unrestricted policy and you allow a mate to ride who is licensed for your bike and an accident happens, you should be OK unless your policy covers named riders only. If the mate is unlicensed or for example limited to 250cc only, the insurer is probably going to not pay because of "breach of policy conditions". Furthermore if the police are involved both he and you may be booked. And the NSW regulations say that you must actually check that he has the license before you let him on the bike.

Prospective Buyer - This is always hard and The Motorcyclist Magazine of America reckons that you should make a sale subject to a test ride. In other words, the payment is made by cash or bank cheque and the buyer takes it out and if happy, confirms the deal. If unhappy he gets his money back. If he crashes it is ASSUMED he is happy! That sort of condition is difficult to insist on and usually the seller takes a chance, sometimes to his regret. I am acting for a fellow in the Hills District of Sydney who has never seen his ZZR1100 after a test rider failed to return. What is a concern is that his comprehensive insurance policy with Western QBE didn’t cover the situation because under their policy, there is no cover if stolen by person to whom the bike was loaned to. But cover is reinstated if you have kept the driver’s license or other form of ID making the loss a deception. Swann does not cover loss if "the motorcycle was stolen whilst being tested by a prospective purchaser". Better check your policy.

My personal intention when next selling a bike privately will be:

Have a telephone number (which I have called successfully) and first and surname before giving him my address. Make sure he arrives in a vehicle preferably by himself so it is left at my premises during test ride.

Put in the bike very little fuel i.e. two litres and tell him so. Accompany him on another bike (borrowed from a friend if necessary) during test ride. Hold their license in your possession during the test ride. Have a good look at the photo and ask them thier middle name, address and date of birth to avoid forgeries.

All that may not help if he is a professional thief or if he has a forged bank cheque but you have gone a long way to avoid a loss. By the way, if your requirements piss off the buyer, let him go as he may be a crook. I don’t believe any honest person would have any objection to reasonable precautions.

There are two different aspects apart from swearing a lot.

Personal Injury - If involved in an accident which causes a personal injury by an unlicensed, drunk or uninsured (compulsory or greenslip insurance) driver, then, unless you live in Victoria where TAC covers you, you can still sue the greenslip insurer of the vehicle. Or, if unregistered/uninsured, you can sue the Nominal Defendant. This action is identical to a normal third party claim with the same result.

The Nominal Defendant is a government body set up for that purpose and funded by a small percentage of your premiums. It also covers UNKNOWN drivers (i.e. hit & run) and will try to recover payment of compensation made from the driver of the vehicle causing the injury. These amounts can be high and a client recently received a demand in excess of $200,000.00! Next time you drive your unregistered vehicle boys and girls, think about that drive to the 7-11 to get the milk may change your life!

Property Damage - In the same situation as above you will have problems.

Driving drunk, unregistered or unlicensed is a "breach of policy conditions" on your comprehensive or third party property insurance. If the driver is unknown or a bum, you have Buckley’s unless of course you have comprehensive insurance yourself. If you are a motorcyclist and over 40, you have no excuse with very cheap premiums through I. C. Frith or Ulysses Club (typically $300 - $500 pa). If really lucky, the negligent driver may have means and cannot avoid payment or will genuinely wish to pay. There was an incident near Mt White store on the OPH few years ago where a Queensland 4WD driver wrote off 2 Ninjas and paid cash in full straight away!

Roadworks and Crashing – when can you sue? The rules about the eligibility to claim are not difficult.

Warning Signs -The Authority for the road always will have situations where conditions exist which are difficult to normal vehicles such as cars, trucks etc. i.e., during road works, flooding, cyclones and so on. Such conditions can become treacherous to motorcyclists.

The Authority sometimes cannot do anything to assist the motorist except place warning signs to alert the motorist to danger until that situation passes and rectification work can be carried out. In some urgent cases evens signs cannot be provided i.e.. Cyclone Tracey. Where the situation is calmer, the Authority should place prominent and clear signs such as "road works ahead", " speed limit 40", slippery road, "cycle hazard", "loose gravel", etc. If it can and does not, then you riding your motorcycle can find yourself in a situation which may result in a crash, despite average and competent skills. After all, bikes fall over! It is sort of non-disclosure, a popular and current buzzword in legal circles.

If it is found in the cold grey light of dawn that:

The conditions were dangerous

The Authority knew it

The Authority didn’t put out appropriate signs

The Authority didn’t rectify the problem in a reasonable time

You suffered loss or damage as result of the road conditions

You probably have a case.

Duty of Care The Authority has a duty of care to provide a road to members of the public that is reasonable and safe. This includes cars, semi-trailers, push-bikes, motorcycles and even pedestrians! If it becomes aware of for example a slippery surface during rain, it should signpost accordingly i.e.. "slippery when wet" and preferably repair the road/drainage. Sometimes due to lack of budget, no repair is carried out.

The same burden applies with road-works. The job should be done properly in the first instance but if it cannot be done, then the minimum requirement is clear signs.

I recall coming along the Wyangla Dam road one year when I hit a roadwork patch of gravel in a bend on a crest! Needless to say. the Ninja went sideways and gave me a fright. My friend behind me (CBR11) had the same experience. Serendipity applied and we found the road gang 5 km up the road doing the patches up to 2 m square. They told us that the traffic would eventually cause the loose gravel to move to the sides of the road. We told them intimate things about their ancestors!

Misfeasance This is where a repair is carried out, but poorly, and the stuff up work causes or contributes to the crash itself. Strict liability but you still have to prove it to claim. Sometimes a latin proverb "resipsa loquiter" helps – the thing speaks for itself!

Well now you know the score - but here are a couple of warnings:

1.No one who doesn’t ride knows stuff all about the peculiarities of motorcycling and their fragilities like needing traction etc. I have a new matter where a lady riding a Duke 750SS hit roadworks with deep, soft sand without any special signage and crashed hurting herself and receiving unsolicited accommodation at Bega Hospital instead of booked and paid lodgings at PI!

2.All councils are insured and a shit fight in court is likely rather than a sympathetic out of court settlement – they are pros at this.

3.RTA and no doubt VICROADS etc are self-insured and have in-house legal team, which in their bureaucratic way will place every obstacle before you.

See you on the winding road …Somewhere….

Mark Stenberg, Solicitor, HORNSBY NSW, c/o MCNEWS.com.au

Open Meeting: 8:30pm

Secretary Report: EMU Rally, MRAA Blood Challenge.

Treasurer’s Report: $1600 in bank.

Captains’ Report Past and forthcoming rides previewed by Ray Walker.

Dave Moore "enthralled us with his "tale of woe" regarding the who, what and where of how he highsided his new R6 on the Black Spur.

Following on from the above Ben recommended ICFrith for bike insurance. If you’re over 40 years old, premiums are about half of what is charged elsewhere!

As an addition to the door prizes, Rob Matricciani donated a 2001 Superbike calendar. Thanks Rob.

Ian reminded all members present that there is NO social sip on later this month as they now supercede the Monthly meetings until MAY. So join us at the Elgin Hotel in Hawthorn for a meal or just to socialize. You can also pick up your Club magazine on the night.

Door Prize: 1^st. Darren Hosking, 2^nd. Wayne Grant,