Registration and
riding of Motorcycles fitted with the sidecar to the right of the
motorcycle.
We often get asked
if it is OK to ride a motorcycle with the sidecar fitted to the right
of the motorcycle.
Often it is because the customer has seen one on eBay that says it is fine.
These adverts are misleading to put it mildly.
Often it is because the customer has seen one on eBay that says it is fine.
These adverts are misleading to put it mildly.
Q. So can you ride a
motorcycle on UK roads if the sidecar is fitted to the right of the
motorcycle?
A. Yes, but only
under the following conditions:
The motorcycles is
registered in the UK before 01/08/1981
or
The motorcycle is
permanently registered to you in another country and you are visiting
the UK on holiday.
The confusion these
sellers rely on when they say their bikes can be legally registered
is complex.
1. Any bike of any
age can be registered in the UK.
2. The V55/5 used to
register a previously used vehicle in the UK does not actually ask if
there is a sidecar or which side it is fitted to.
1 + 2 means they are correct in stating their bike can be registered.
1 + 2 means they are correct in stating their bike can be registered.
However it is
important to note there is a big difference between the ability to
register a vehicle, and legally using it on the public road. To use
it legally it must conform to The Road Vehicles (Construction and
Use) Regulations 1986 or newer version where applicable.
Regulation 93 of The
Road Vehicles (Construction and Use) Regulations 1986 states the
following:
“No person shall use or cause or permit to be used on a road any two-wheeled motor cycle registered on or after 1st August 1981, not being a motorcycle brought temporarily into Great Britain by a person resident abroad, if there is a sidecar attached to the right (or off) side of the motorcycle.”
“No person shall use or cause or permit to be used on a road any two-wheeled motor cycle registered on or after 1st August 1981, not being a motorcycle brought temporarily into Great Britain by a person resident abroad, if there is a sidecar attached to the right (or off) side of the motorcycle.”
Lets pick this apart
and deal with all the arguments I have heard from people claiming it
is legal to ride a motorcycle registered on or after 01/08/1981 with
the sidecar on the right.
Argument 1.
My bike was built in 1969, and I registered it in the UK in 2018 so it's fine.
My bike was built in 1969, and I registered it in the UK in 2018 so it's fine.
Counter
argument:
The act is very specific in the use of the word registered. The bike was registered in 2018 so its use must comply with the Act. The fact that it was built in 1969 is irrelevant.
The act is very specific in the use of the word registered. The bike was registered in 2018 so its use must comply with the Act. The fact that it was built in 1969 is irrelevant.
Argument 2.
But it was
registered before 1981 abroad, so it is registered before 01/08/1981.
Counter
argument:
This is a UK Act and is concerned with UK registration only. The UK government do not pass acts pertaining to road traffic laws in other countries.
This is a UK Act and is concerned with UK registration only. The UK government do not pass acts pertaining to road traffic laws in other countries.
For clarity, simply
look at the table of contents at the beginning of the Act. Under the
word registered it states:
“registered under
any of the following enactments—
(a) the Roads Act
1920,
(b) the Vehicles
(Excise) Act 1949,
(c) the Vehicles
(Excise) Act 1962, or
(d) the 1971 Act
and, in relation to
the date on which a vehicle was registered, the date on which it was
first registered under any of those enactments.”
All of these are UK
Acts, all apply to the UK. Registered therefore means registered in
the UK.
Argument 3.
If DVLA allow me to
register it I must be allowed to ride it on the road.
Counter argument:
When you register a used motorcycle in the UK you have to fill out form V55/5. Nowhere on this form does it ask to which side the sidecar is fitted. DVLA will assume that once registered, the rider will adhere to The Road Vehicles (Construction and Use) Regulations 1986 when using it. DVLA are the registration authority, their remit does not extend to how the vehicle is used. This argument is as stupid as saying DVLA allowed me to register a car that can do 120 mph and therefore I can drive it at 120 mph on the road.
When you register a used motorcycle in the UK you have to fill out form V55/5. Nowhere on this form does it ask to which side the sidecar is fitted. DVLA will assume that once registered, the rider will adhere to The Road Vehicles (Construction and Use) Regulations 1986 when using it. DVLA are the registration authority, their remit does not extend to how the vehicle is used. This argument is as stupid as saying DVLA allowed me to register a car that can do 120 mph and therefore I can drive it at 120 mph on the road.
Argument 4.
LHD cars are legal
so LHD motorcycle and sidecars must be.
Counter
argument:
Cars and motorcycles are not the same vehicle and the rules regarding the use of them differ in a number of ways. I'm not saying that it's fair, but that's just how it is.
Cars and motorcycles are not the same vehicle and the rules regarding the use of them differ in a number of ways. I'm not saying that it's fair, but that's just how it is.
Argument 5.
But people visit the
UK all the time and their sidecars are fitted to the right of the
motorcycle.
Counter argument:
Yes they do and the
Act allows for this in the statement: “not being a motorcycle
brought temporarily into Great Britain by a person resident abroad.”
Argument 6.
My bike has just
passed an MOT with the sidecar on the right so I am good to go.
Counter argument:
MOTs are primarily
concerned with the condition and maintenance of your vehicle. The MOT
test does not specify to which side the sidecar is fitted, only if it
is secure, has good tyre tread and decent wheel bearing/brakes and
sufficient lighting. So you are not good to go.
Argument 7.
My mate's been
riding his for years and never had a problem.
Counter
argument:
Well, if your mate had been shoplifting for years, would that make shop-lifting legal?
Well, if your mate had been shoplifting for years, would that make shop-lifting legal?
Argument 8.
I even asked a
police officer and he said there was nothing wrong with my bike.
Counter
argument:
OK, we all like to think that every police office knows every single law word for word, but this is not the case. This lack of knowledge is exactly why argument 7 is often used.
OK, we all like to think that every police office knows every single law word for word, but this is not the case. This lack of knowledge is exactly why argument 7 is often used.
In conclusion, it
seems very clear that using a motorcycle on the road that was first
registered on or after 01/08/1981 with a sidecar fitted to the right
side of the motorcycle contravenes Regulation 93 of The Road Vehicles
(Construction and Use) Regulations 1986. No ifs, no buts, no maybes.
On a serious note,
lets say you are involved in a road traffic accident causing serious
injury or death to a third party, how will you defend yourself
against this statement:
93. No person
shall use or cause or permit to be used on a road any
two-wheeled motorcycle registered on or after 1st August 1981,
not being a motorcycle brought temporarily into Great Britain by a
person resident abroad, if there is a sidecar attached to the
right (or off) side of the motorcycle.
And finally:
The guys selling
online with the statement that the bike can be legally registered are
either deliberately misleading you or more probably have not
understood the difference between the rules required to register a
vehicle and the rules regarding the use of that vehicle on the road.
If they are telling
you in writing that it is legal to ride the bike on the road after
registration I would say that they are on dodgy ground legally.
93. No person
shall use or cause or permit to be used on a road any
two-wheeled motorcycle registered on or after 1st August
1981, not being a motorcycle brought temporarily into Great
Britain by a person resident abroad, if there is a sidecar
attached to the right (or off) side of the motorcycle.
As a legitimate
business in the UK dealing with sidecars I will never do anything
that may lead any person to believe that they can ignore UK road
laws.
Rule 93 is very
clear and covers motorcycles registered in the UK regardless of the
origin of the vehicle.
So to be clear, if the bike you are considering buying looks like the one in the picture with the sidecar fitted to the right side of the bike when facing the direction of travel.
If it is not already registered in the UK on UK plates and you intend to register it now. Riding it on the road after it is registered with the sidecar on the right will contravene The Road Vehicles (Construction and Use) Regulations 1986.
If it is already road registered in the UK simply look at the V5C. The only section you need to worry about is the date of registration. If this date is on or after 01/08/1981 riding it on the road will contravene The Road Vehicles (Construction and Use) Regulations 1986.
