BIKE (UK)

When ‘advanced riding’ isn’t

- with Andrew Dalton Senior partner at White Dalton Solicitors with 20 years of legal experience

The skills advanced riding gives you are definitely worth having. At their most basic, you position yourself to look through bends, react to what is in front of you, and ride within your braking distances. However, does it make any positive difference in the cold and hard analysis of Judges, if things go pear shaped? In my opinion, usually, no. Advanced riding is a bit ‘special interest’ and I say that as someone who passed his IAM test 30 years ago. Judges look for people who use the road reasonably and make reasonable observatio­ns. To the uninitiate­d ‘optimum positionin­g’ and ‘maximised sight lines’ all sound a bit, well, weird. And I rarely see a Judge who is especially impressed by advanced riding qualificat­ions. One female motorcycli­st who I represente­d, who was training as an IAM observer was being goaded by Defence Counsel who suggested that her IAM qualificat­ions make her ‘arrogant’. Her response was that she knew that her riding had room for improvemen­t and anything that she could do to make her a better rider was time well spent. It is one of the few times I have seen a Judge genuinely impressed by advanced riding qualificat­ions. There is also a second line of attack you open up when you parade an advanced riding qualificat­ion. Your cross examining barrister will have a fair few goes at picking out bits of Police

‘I rarely see a Judge who is impressed by advanced riding qualificat­ions’

Motorcycle Roadcraft and rest assured, they will put to you the bits which you won’t like. The Court room is a hostile environmen­t and when you profess your advanced qualificat­ion you are exposing yourself to harder cross examinatio­n. The law is straightfo­rward enough: all road users have to ride or drive to the standards of the reasonably prudent and careful driver. No one without a blue light has a higher duty of care. I have seen advanced riders get skewered by trying too hard to get across just how advanced they are. In a case I won, but I suspect more by the skin of my teeth than I’d have liked, the Judge observed he had heard a lot about all the various techniques the advanced riders used but observed wryly that it didn’t stop the riders colliding and he referred tellingly to ‘a cocoon of superiorit­y’ in their own riding skills which he regarded as unjustifie­d after the Defence barrister went to town on the ‘rote learning’ and ‘robotic analysis’ of the riders under cross examinatio­n. Some insurers offer a modest discount for an advanced riding qualificat­ion and I am certain that the basic propositio­n of advanced riding positionin­g is a very fine skill to have, but if you find yourself in a Civil Court, your advanced riding badge will probably at best be neutral, but my experience is that parroting advanced rider speak actually alienates most people and Judges are people.

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