Q What’s mak­ing my R1200RT’S gear in­di­ca­tor go doolally?

Your le­gal ques­tions

Motorcycle News (UK) - - Garage - BY MAIL OR­DER

The dash-mounted gear in­di­ca­tor on my 2010 BMW R1200RT is play­ing up and show­ing ‘1’ when in neu­tral and ‘5’ when in fourth. Is it a dealer job to re­pair it? Ge­orge Bolton, email

An­swered by Jody Wood, Bahn­stormer This sounds like a failed gear­box po­ten­tiome­ter, which is lo­cated on the back on the gear­box just above the swingarm. It’s held on with a cou­ple of bolts and is a bit fid­dly to get at. It costs just over £100, how­ever, it’s worth ask­ing your dealer to clear the set­tings and reteach the val­ues first.

I rounded a sharp bend in the coun­try­side re­cently when I was con­fronted by horse ma­nure in lumps and spread over the road where the cars had driven over it. After about an­other 200 yards all the traf­fic was sta­tion­ary. There was a hunt go­ing on, with horses and dogs on the road, so we had to wait un­til they were in the field. If I had fallen off my bike through slid­ing in horse ma­nure, would I be able to claim against the hunt or would it just be bad luck?

Richard Jones, email

In or­der to suc­cess­fully bring a claim you would need to es­tab­lish (i) that the hunt and its mem­bers owed you, as an­other road user, a duty of care; (ii) that by fail­ing to clean up the mess, they breached this duty; (iii) that the breach caused you loss (ie in­jury and/or dam­age to your ve­hi­cle); and (iv) that the loss caused was not too re­mote.

In the cir­cum­stances you have de­scribed I think it would have been rea­son­ably fore­see­able that ma­nure on a bend would cause a haz­ard to road users, in which case I think that you would have a valid claim. I would ex­pect, at least ini­tially, the hunt’s in­sur­ers to try to con­test the claim, prob­a­bly on the ba­sis that you couldn’t show it was def­i­nitely one of their horses that was re­spon­si­ble, or even that this is a peril of coun­try­side rid­ing.

Un­like dogs, there is no le­gal re­quire­ment for horse own­ers to clean up their an­i­mals’ mess; how­ever Sec­tion 161 of the High­ways Act 1980, makes it an of­fence to de­posit any­thing what­so­ever on a high­way which may in­jure or en­dan­ger other road users.

‘Ma­nure on a bend would cause a haz­ard to road users’

All the gears? No ideas. Why is the R1200RT’S gear in­di­ca­tor act­ing up?

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