Quote:
As explained to me by the Department for Transport, the pertinant info on this issue is contained within Regulation 4, Subsection 3(a) of the Road Vehicles Lighting Regulations 1989.
"Nothing in these Regulations shall require any lamp or reflector to be fitted between sunrise and sunset to a vehicle not fitted with any front or rear position lamp."
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That is what I originally assumed was the case until I had it pointed out otherwise by one of our Accident Investigators and Prosecution Counsel who pointed out to me the bit I'd missed.
For that subsection to apply, the vehicle must first be capable of being legally used on a road without said front and rear position lamps fitted.
That cannot occur as there is no exemption for a bike to be used without a rear position lamp.
No one ever said that this Country's legal system was sensible did they?
There have been successful prosecutions in these circumstances - Felix alludes to one he personally knows of.
The case where I was corrected would have gone to prosecution had the rider involved survived that collision - sadly he did not.
What it comes down to is do you want to risk it?
If so, go on - just be aware you may come unstuck if it all goes wrong
If not, don't.
It's as simple as that.
[Edited on 2-8-2005 by Rushjob]