It says 125 on the logbook…
It’s fair to say that there is one criminal offence that the vast majority of scooterists have committed at one time or another. It’s something that’s widely looked on as being harmless, a victimless crime perhaps, but if you look at the wider picture, then you’ll wonder what the hell we’re playing at when we commit it.
The offence is one that became widespread in the middle of 1983 when the British learner rider laws changed, taking the maximum engine size that could be ridden on L plates down from 250 to 125cc. This meant that the AF Rayspeed Super S-Type Lambretta was no longer a learner-legal machine, and we were all suddenly restricted to underpowered, gutless commuter scooters.
The law change, at the absolute peak of the 80s’ scooter boom, somehow didn’t lead to the price of secondhand Li125 engines going through the roof, or the Autisa 125 conversion cylinder for Lambretta 200 cases selling like hot cakes but, I suspect, rapidly increased the size of the DVLC (as was) mailbag with people requesting that their lovely, historic machine should now be noted as having a smaller engine than it was produced with. And, of course, each and every one of
them was a genuine request, aand not relying on anyone rrealising that they were identical… unless you looked rreally closely!
Without this change in the law we’d never have found oourselves in the position that we sstill inhabit 36 years later, wwhere there are reputedly more 125cc registered Lambretta aand Vespa scooters on the British roads than have ever been imported! Surprisingly, even this far down the line, it’s still prevalent in the UK. Browse through any ‘Scooter for Sale’ page, and the phrase ‘200cc, registered as 125’ (or any of the many variants on that line) spring up as regularly as a new Brexit minister.
So who is harmed by this little deception then? Well, for those who have a full licence, and have informed their insurer of any changes to the engine, you are largely in the clear, by comparison. The DVLA might like an update in the cc, and could potentially fine you for failing to notify them, but really that’s not who this issue effects the most. It’s those scooterists who never passed their motorcycle test at all, but still fancy riding a ‘big cc motor’… and do so illegally.
I’m sure that the vast majority of those individuals are blissfully unaware of the potential consequences of this, and how it could affect them in the long run. So let’s take a look at both the legal and insurance consequences of doing this if discovered.
What the magistrate would have to say
The law quite clearly states that: ‘Under Section 87 of the Road Traffic Act 1988 (RTA88), driving without a full and appropriate driving licence can lead to three to six points on your licence and a potential fine of up to £1,000.’
Ok, that’s straightforward, get a pull for riding your DR180 kitted PX125 without the correct licence, and you could be up to a grand poorer before we go any further, and with a lovely six points bonus to tell your insurance company about. But it doesn’t end there. A spokesman for Footman James Insurance told Scootering this when asked: “Misrepresentation is a form of insurance fraud and misrepresenting the engine capacity would fall under this category.” That’s right, it’s fraud. Although the magistrate would have to be having a bloody bad day, you could potentially end up getting sent down for up to three months, with the potential of a fine of up to £5,000. That’s a big potential penalty for not passing your test, isn’t it?
The spokesperson went on to say: “In the event of misrepresentation the insurer could void the policy, which effectively means the policy was never in force. Whilst the insurer would still be liable for any third party claims, they could attempt to recover the outlay from the customer via legal channels. The customer would then have to declare a policy voidance to any future insurer, likely leading to declinatures from many insurers and increased premiums from any that will offer insurance.”
So, once you’ve paid your large fine, whilst hopefully avoiding a spell in the big house, the insurance company will be lining up its legal team, presumably with the assistance of the Police’s Insurance
Fraud Enforcement Department (it being funded by the insurance industry) to reclaim any money they’ve had to pay out as a direct result of your actions. Obviously, you’ll have to tell future insurers about your colourful history, and I’m sure they’ll chuckle to themselves as they elevate your premiums into the stratosphere, as you’re now seen as a serious risk to their profits.
It doesn’t end there…
To get back to the law that we mentioned earlier, Section 87 of the RTA88 also states: ‘Additionally, if you drive without both a licence and insurance, you can be given a further six to eight penalty points on top of the points you received for the initial offence, and a fine of up to £5,000. If the Courts feel it necessary, they have the authority to ban you from obtaining a full licence for a period of time that they see fit.’
Let’s not forget that in the eyes of the insurance company, if you don’t have a full licence, then your insurance isn’t worth the email they sent you, so you are riding an uninsured scooter.
In summary
For the seemingly minor offence of forgetting to ensure that the engine fitted to your scooter is less than 125cc, you could be faced with the following: A potential initial fine of up to £1,000 for not having a full licence.
A secondary fine of up to £5,000 for not having insurance as the insurance company may have walked away, saying, ‘You’re on your own mate’.
Between nine and 14 points on your licence, depending on the deemed severity of the offence.
Add to this the potential penalty for committing insurance fraud, up to another £5,000 and a jail term, followed by the insurers dragging you to court should there be any costs to them, and it’s starting to get quite frightening.
Then there is having to inform future insurers about the issue.
Now, I’ll be the first to admit that I’ve never actually heard of anyone yet being punished, although there’s always hearsay stories to that effect, but there will come a time when someone gets it badly wrong and gets found out. It’s easy enough to avoid it being you. Either pass your test, or find a 125 engine and leave it like that. Neither are particularly difficult, and both are a damn sight cheaper than it could be, should it hit the fan. Thirty-six years is a long time for us to be walking that communal tightrope. One day, someone will fall. Don’t let it be you.