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View Full Version : Pillion Helmet Responsibility (Rider or Pillion)?

18sv650
11-01-13, 10:50 PM
Hi, This question has been in my mind for a while now sorry if its stupid of me to even ask but who is BY LAW responsible for making sure the pillion has a helmet?
Lets say you take on a pillion with no helmet and get caught who would get prosecuted you or the pillion and what punishment would they receive?
DaveRushton
11-01-13, 11:04 PM
I would assume it would be the rider - They are in control of the vehicle!

I would assume points and a fine, but i suppose if you dont have a helmet i dont think the police can chase you too far!
cb1000rsteve
11-01-13, 11:07 PM
No helmets is not an endorsable offence so would just be a fine for either the rider
Tomor
11-01-13, 11:07 PM
I would say pillion. the driver of a car is responsible for people to wear a seatbelt up to the age of ?15? then it is the responsibility of the passenger, and they get the points not the driver. you would get a telling off but i dont think you can be prosecuted.
dkid
11-01-13, 11:09 PM
Personally I'd say if you (not you specifically) as a rider care at all for the person you are carrying then you should insist on them wearing the right kit regardless of who would get prosecuted.
Don't know the answer to the original question but I'd never put myself or my pillion in that postion to find out.
joshwalker094
11-01-13, 11:21 PM
What about pillion fastening the helmet?
As if I remember right from doing my cbt, they said hey caught with your helmet undone is 3 points and £60 or just £60 fine. Anyway what would pillion get or again is the rider responsible
Bibio
11-01-13, 11:24 PM
the driver of a car is responsible for people to wear a seatbelt up to the age of ?15?

wrong it's the responsibility of the driver at all times as is a pillion wearing a helmet.
Tomor
11-01-13, 11:27 PM
wrong it's the responsibility of the driver at all times as is a pillion wearing a helmet.

wrong ;)

https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/seat-belts-and-child-restraints-99-to-102
NTECUK
11-01-13, 11:49 PM
"A person who drives or rides on a motor cycle in contravention of regulations under this section is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of sixteen years."
savage86
12-01-13, 12:07 AM
I would say pillion. the driver of a car is responsible for people to wear a seatbelt up to the age of ?15? then it is the responsibility of the passenger, and they get the points not the driver. you would get a telling off but i dont think you can be prosecuted.

i thought it had changed the passenger gets a fine and the driver gets 3 points no matter the age, maybe its just over here?
keith_d
12-01-13, 12:47 AM
Google found this on the Staffordshire police website:

"It is your responsibility to ensure that the pillion passenger wears a correctly fitted and fastened helmet."

But, given that the rider has no way of seeing whether the pillion has their helmet on once the bike is under way you'd have to look for recent cases to see what the courts have actually decided.

IIRC the driver of a car can be prosecuted for carrying a front seat passenger without a seat belt, but not for rear seat passengers because there's no reasonable way for him to ascertain whether they are actually wearing their seat belts.

Hopefully someone who actually knows what the current position really is can come along and enlighten us.
MisterTommyH
12-01-13, 01:42 AM
As has been said before. The driver has responsibility for ensuring they and any minors are wearing a seatbelt. Adults are responsible for themselves.

It says so here. (http://www.motorlawyers.co.uk/offences/seat_belts.htm)
NTECUK
12-01-13, 07:58 AM
Be a nit though if you knowingly let someone on the back without a skid .
It should be a fine points and kick in ya nuts ...
Nb if the straps not fastened its also a nick.
Something the pilot would have a job to confirm...
Sir Trev
12-01-13, 06:03 PM
Be a nit though if you knowingly let someone on the back without a skid .


This

It would be just asking for a pull. If the pillion took their lid off without you knowing you might just get away with it but who in their right mind would do so, knowing you'd be likely to get a pull... Unless they wanted to be on World's Scariest Chases, hosted by Sherriff Looks-Good-On-Camera who can't pronounce our place names properly. Ever hear him trying to say Newtownards? Priceless!
suzukigt380paul
13-01-13, 07:45 PM
so how do you get on if you have a turban,are you exempt!
Terah
13-01-13, 07:57 PM
so how do you get on if you have a turban,are you exempt!

If you are a Sikh, yes.

https://www.gov.uk/rules-motorcyclists-83-to-88/general-guidance-83-to-88
suzukigt380paul
13-01-13, 08:01 PM
If you are a Sikh, yes.

https://www.gov.uk/rules-motorcyclists-83-to-88/general-guidance-83-to-88so no acu sticker needed then
Spank86
14-01-13, 04:56 PM
wrong it's the responsibility of the driver at all times as is a pillion wearing a helmet.
thought that was only for the front seat?