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