So that means a vehicle which doesnt have a front or rear position lamp does not need to have a lamp or reflector?

"Doesnt have" in this case though means "left the factory and was homolgoated for road use like that"

So if you take the light off yourself that doesnt apply. If the bike left the factory without lights then thats okay. If the bike left the factory with lights then they must still be there and working.

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]

some time ago someone also posted up a link to the regulations or law. cant find it now (if someone else can please post it up again)
and in there was a list of possible exemptions.
don't remember seeing anything about factory fittings

is there a exemtion for a bike to be used without a front position lamp ?

Yes - the bike does however have to be fitted with a dip beam headlamp to allow exemption from a front position lamp which defeats the object really......

As for the link.....

RVLA 1989

I got a daytime MOT on Saturday!

no headlights or indicators but switchgear in place
No mirrors
brake lights working
full size plate
reflector
horn

took about 5 minutes flat :)

I had one years ago for an 860 GTS.

The tester wrote ''For daytime use only'' on it.

His interpretation was that the bike merely had to have a rear reflector fitted (which it did )

Never had any problems with the law.

I think its not hard to get one, iv got a supermoto and it and all my mates bikes go thru no lights etc, I think what some peeps are saying if you have an accident it could go against you as far as insurance / liabilaty goes

This has been thrashed out before, on this board and others.
Whilst it's possible to get a daylight MOT, in accordance with all the rules the DOT sets out for it's test stations, it doesn't make you "road legal".
The other rules that apply, the "use and construction" laws, are the ones that the police will play by and if the officer who pulls you knows his rule book you'll get a ticket.
The most obvious one that springs to mind is that you don't need a number plate on the bike if you've got the V5 and the chassis number ties in for an MOT. Go out on the road without one and you'll get a tug and fined for not displaying a plate.................
As well as contravening these rules, which could get you points and a fine, you'll probably find that your insurance will be null and void. More points and if you're involved in an accident, no cover.
I know it makes life easy, but IMO, it just ain't worth it. Lifes tough enough riding bikes in these times without give rise to more excuses to pull you over.
you pays ya money and takes your chance as they say.....................