The Highway Code doesn’t contain a huge amount guidance for motorcyclists about carrying pillion passengers. However, there are certain basic rules in place which motorcyclists must follow before deciding to ride with a pillion passenger.
Firstly, the motorcyclist must be legally permitted to travel with a pillion passenger. Motorcyclists who do not possess a full licence or do not have a secure pillion seat fitted should not be carrying passengers.
Secondly, the motorcyclist should put something in place to allow him/her to communicate with the passenger whilst in transit. This will allow either party to communicate a safety issue or hazard to the other whilst driving.
Thirdly, the passenger’s feet must be able to comfortably reach the footrests and they must be able to properly hold on.
Finally, a safety standards approved motorcycle crash helmet must be provided for the passenger. Ideally, they should be wearing full protective clothing.
The Highway Code and the Road Traffic Act both expressly state that a motorcyclist must NOT carry more than one pillion passenger. S23 of the Road Traffic Act 1988 makes it an offence for a motorcyclist to carry more than one passenger or to carry a passenger without having a properly secured seat with the passenger sitting astride that seat.
Overall, it is important that both the driver and passenger are fully prepared for the journey. It is useful for the driver to familiarise the passenger with their bike, including showing them which areas get hot (to avoid burns), explaining to them how to lean into corners, advising them on the correct protective clothing to wear and ensuring they are prepared for the noise levels and speed of the journey.
A motorcyclist is legally responsible for the safety of their pillion passenger. If an accident occurs that is the fault of the driver, the passenger can usually claim against the driver’s insurance company. Of course, if an accident is caused by another road user, the pillion passenger (and the motorcycle driver) will have a right to pursue compensation against the party at fault.
Often pillion passenger accident claims can be complex and difficult to prove, which is why it is important to use the services of a specialist solicitor with specific experience in these types of claim. Even if the passenger was in part to blame for the accident, a good solicitor will make sure they are awarded the compensation they need to help them through their recovery.
At Stephensons, we have specialist road traffic accident claims specialists with specific experience in handling motorcyclist and pillion passenger claims. To find out whether you have a viable claim, call us on 0161 696 6235.
In the 1970’s the government brought in a law making pillion cover compulsory and inclusive for motorcycles regardless of solo seat. Why has it now become separate.