Documents, insurance and a borrowed moped
A friend lends you a 50 cc moped for a week while your own is repaired. The friend says the compulsory insurance is valid but the policy is in the previous owner's name and the ownership transfer was never registered. The registration certificate is in the moped's former owner's name, and the plate is attached and legible. Your friend has a category AM entitlement; you also hold AM. You plan to use the moped for commuting 6 km each way and to carry a passenger on Friday evening. The moped has one rear-view mirror on the left, a working horn, and a rear reflector, but the right mirror is missing. You have your licence with you. A police check is possible on your route.
1. Identify the documentation and equipment problems and explain the risk if you are stopped.
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Several issues combine here.
Insurance in another name. Compulsory motor third-party liability insurance attaches to the vehicle, but a policy taken out by a person who is no longer the registered owner, with no transfer of the policy or the registration, is a real risk. If cover is not valid for this vehicle and this rider, you commit a serious offence and face heavy consequences if stopped or involved in a crash. You must not rely on the friend's assurance; verify the policy and the registration before riding.
Registration not transferred. The registration certificate should reflect the current owner. Riding a vehicle whose registered keeper details are out of date creates problems in a police check and in any insurance claim, and the transfer procedure should be completed.
Missing right mirror. A moped must have the required mirrors; one missing reduces rearward visibility and is a curable defect. Fit the correct mirror before use.
Carrying a passenger. A moped may carry a passenger only if it is designed and equipped for one, with a proper seat and footrests and a helmet for the passenger. Confirm this before Friday.
Licence. Both of you holding AM is good, but the rider must carry the licence and produce it on request. Keep the documents with the vehicle.
2. What should you do before the first commute, and what is your position if the police stop you?
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Before riding. Verify that the compulsory insurance is valid for this vehicle and covers you as the rider, and get written confirmation if the policy is being transferred. Complete or confirm the ownership transfer so the registration certificate matches the keeper. Fit the missing mirror. Check the tyre pressures, brakes, lights, horn and plate, and confirm the passenger seat and footrests if you intend to carry someone.
If stopped. Stay calm and polite, stop in a safe place, switch off and dismount if asked. Produce your licence and the vehicle documents you hold. Explain honestly that the moped is borrowed and that the registration and insurance are being transferred; do not claim to be the owner if you are not. Sign any document only after reading it, and accept the official copy of any penalty document.
If a defect or document problem is found. You may be prohibited from continuing until it is rectified, and a penalty may follow. Do not argue at the roadside; note the officer's details and the alleged facts, and seek advice afterwards.
Weigh the risk. If insurance or registration cannot be confirmed, the correct decision is not to ride the moped at all until it is sorted out. Borrowing a vehicle does not transfer responsibility for its legal condition to the lender; as the rider you are responsible for ensuring it is roadworthy and properly documented.