Carrying moped passenger without helmet

[Spaceman3]

Genuine question for a friend, his son was caught on camera and reported to the police carrying out the above offence. He is 16 and has only had moped for 6 weeks. Would anyone know likely punishment he is set to receive?

[kiethton]

Driving otherwise in accordance of a license (assuming L-Plates?)

Most likely £100/3 points

The passenger (if identified) could also be fined

[smokey mow]

Assuming they’re only a provisional licence holder then surely they would be driving otherwise in accordance with their licence if carrying a passenger?

If so then sentencing guidelines look to be 3-6 points and up to £1000 fine for that offence.

[Spaceman3]

Thanks for that. Think my mate was wondering if worth talking to a solicitor, personally I can't see the point.

[kiethton]

yeah, no point at all

Take the likely fixed penalty and hope he can still insure it next year

[dibblecorse]

kiethton said:

yeah, no point at all

Take the likely fixed penalty and hope he can still insure it next year

Thats also his car insurance buggered when he gets that little bit older .... its astonishing the legacy damage a stupid mistake like that can have, but we have all made them.

[LosingGrip]

smokey mow said:

Assuming they’re only a provisional licence holder then surely they would be driving otherwise in accordance with their licence if carrying a passenger?

If so then sentencing guidelines look to be 3-6 points and up to £1000 fine for that offence.

That's if it goes to court. Assuming the OPs friends kid has less than nine points, he wont go to court. It will be a £100 fine and three points. Might even get away with words of advice.

[Donbot]

One of my friends got 3 points and £60 for this about 10 years or so ago.

[Spaceman3]

My friend has already put the moped up for sale to pay any fine and as a lesson. Only had 7 weeks and was to help him start an apprenticeship. Life lesson and the reason I wouldn't allow my son (his son's friend) to have one yet.

[Sebring440]

Spaceman3 said:

My friend has already put the moped up for sale to pay any fine and as a lesson. Only had 7 weeks and was to help him start an apprenticeship. Life lesson and the reason I wouldn't allow my son (his son's friend) to have one yet.

So it was your son that wasn't wearing the helmet? So he's caused all this grief?

[robwilk]

smokey mow said:

Assuming they’re only a provisional licence holder then surely they would be driving otherwise in accordance with their licence if carrying a passenger?

If so then sentencing guidelines look to be 3-6 points and up to £1000 fine for that offence.

6 points and that him lost his licence

[giantdefy]

robwilk said:

smokey mow said:

Assuming they’re only a provisional licence holder then surely they would be driving otherwise in accordance with their licence if carrying a passenger?

If so then sentencing guidelines look to be 3-6 points and up to £1000 fine for that offence.

6 points and that him lost his licence

Nope
If you reach six points before you've taken your test, your provisional licence won't be taken away. But the points will last for three years and if you get any more points within two years of passing your test, you will lose your licence.

[Spaceman3]

Nope not my son on the back thankfully.

[PorkInsider]

Sebring440 said:

Spaceman3 said:

My friend has already put the moped up for sale to pay any fine and as a lesson. Only had 7 weeks and was to help him start an apprenticeship. Life lesson and the reason I wouldn't allow my son (his son's friend) to have one yet.

So it was your son that wasn't wearing the helmet? So he's caused all this grief?

Whoever the passenger was, the 'no helmet' bit isn't the primary issue here, it's the rider carrying a pillion when neither of them have a full licence that's kicked it off.

[CoolHands]

How do they know who was driving. Why is the driver responsible (as in legally) for the passenger - car drivers aren’t for passenger seatbelt wearing.

[omniflow]

When I was 16 I was convicted of "Aiding and abetting an unlicensed moped rider to carry an unlicensed passenger". I received one endorsement on my license and was fined £15 (which I paid off at 50p / week). I was wearing a helmet though.

I looked up the offence when it changed from endorsements to points, and it was 1 point.

[TriumphStag3.0V8]

We assume that the rider only has a provisional. Do we know this for a fact?

[Nimby]

CoolHands said:

How do they know who was driving. .

Presumably the same as any other camera offence - an S.172 notice was sent to the registered keeper.

[andrebar]

CoolHands said:

How do they know who was driving. Why is the driver responsible (as in legally) for the passenger - car drivers aren’t for passenger seatbelt wearing.

Presumably they contacted the registered keeper just like with they do with any camera offence. In this case the rider isn’t necessarily responsible for his passenger not wearing a helmet, his obvious problem is that he isn’t allowed to carry a passenger at all.

[omniflow]

andrebar said:

Presumably they contacted the registered keeper just like with they do with any camera offence. In this case the rider isn’t necessarily responsible for his passenger not wearing a helmet, his obvious problem is that he isn’t allowed to carry a passenger at all.

It certainly used to be the case that a learner on a Moped can carry a passenger if the passenger has a full motorbike license.