John Measures, Solicitor, 0800 021 3065 or 0115 931 5167

I came across an interesting internet article  on this subject by John Measures, who is both an enthusiastic biker and a solicitor. Barratts, where he works, is a firm of East Midlands Solicitors who specialise in personal injury claims for motorcyclists.

A biker who was leading a small group of bikes was prosecuted for speeding, as were his riding mates.  They were all caught riding at speeds considerably in excess of the prevailing 60 mph limit, especially the following riders who were riding even faster that the leading bike.  In deciding the sentence to impose on the leading rider the Court took into account that as leader he was setting the pace for the group of bikes and by speeding himself when leading a group he had therefore aggravated his own speeding offence.  On this basis he was given stiffer punishment than he would otherwise have got.

In his Article John Measures considers the implications for other bikers who act as Group Ride Leaders, for both criminal prosecutions and civil liability.

John makes it clear that there is no need to be panicked into refusing to lead rides; ride leaders are not suddenly at such extra risk of prosecution or extra penalties that they should give it all up.  If they are not speeding themselves they are unlikely to get prosecuted for speeding even if one or more of their following riders are caught speeding.  As long as a Ride Leader rides in accordance with the law himself, and as long as he hasn’t actively encouraged others to break the law in some way, he is not likely to be taken to task.  Note however that a group leader who briefs other riders to block traffic illegally at junctions or roundabouts could, for example, be regarded as being involved in committing an offence and therefore prosecuted for it.

John rides a Suzuki Hayabusa, so he's not your typical solicitor

Solicitor John does however raise the issue of the accountability which a group rider may have under civil law, should any of his following riders be involved in an accident in which the group leader’s acts or omissions (as a group leader)  are considered to have contributed to the cause.  He describes a case in which damages were awarded against a ride leader to a following rider who was following him and suffered injury when they both went off the road.

The “compensation culture” may be a relatively recent phenomenon but a leading rider’s responsibilities to his followers is not; the case John cites of a leader having to pay damages dates from 1938!

The practical advice which John offers to ride leaders, about preparing properly and for conducting a group ride is of course soundly based in legal terms but he does perhaps assume that group rides are all of one kind and are therefore best led in the same way, which my experience suggests is too simplistic.

The principles behind John’s recommendations, if not the precise methods he suggests should be adopted, will apply generally of course.  These are to make adequate preparations for acting as ride leader before doing so and then ride in accordance with the law yourself – and in a way which does not encourage others to break the law or take undue risk.

Damages which are awarded to those who suffer serious motorcycle injuries are often very big sums of money these days because motorcycling accident injuries can be severely and permanently disabling – and they invariably are accompanied by big legal bills too.  Normal bike insurance may not cover a ride leader’s responsibilities as such and if you ask your insurers whether you are covered as a ride leader more likely than not they will either exclude it or impose extra premiums, such is the risk-aversion among insurers these days.  They seek to limit cover whenever possible to a finite set of risks and in the context of motorcycling they try to exclude as many potentially expensive ones as possible. That’s why you are asked whether you carry a pillion passenger these days.

Additional PLI cover (i.e. public liability, or more correctly these days civil liability insurance) is the way to be properly covered as a group ride leader.   Riders who lead club ride outs should check that they are covered by their Club’s PLI policy, since that should provide indemnity against any negligence claims they might otherwise find themselves facing all on their lonesome.

Ride Leaders are automatically covered for all club rides if their GoldWing Club is affiliated to the Federation of UK GoldWing Clubs.  GWOCGB Regions may however need to seek formal Recognition by their Nation Committee in advance for each specific activity if they are to benefit from their Club’s scheme.  GoldWing clubs which are not part of either the federation or GWOCGB should consider taking out PLI cover for the benefit of their ride leaders; the cheapest way to do this is to affiliate either with the Federation of UK GoldWing Clubs or with BMF.

You can read John Measures’s Article in full by Clicking Here.  Having spoken to John at some length about this subject I can recommend him as a solicitor who genuinely understands bikers and who tries to help them get back on the bike after an accident as well as get them their due.  Please note  that he does not deal with criminal law matters.