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Do kids need parental consent to ride pillion?

My wife and I are separated but we have a 15 year old daughter. My ex-wife is accusing me of breaking the law by having my daughter ride pillion on the bike without her consent / permission. She says there is a law on riding as a pillion passenger which states that not only one but both parents must give consent. I thought that while my daughter is with me then I can take decisions and have the responsibility of care. Are you able to tell me who is right?

James S, by e-mail

 

Answer

There is a requirement for parental consent for carriage of children as passengers on motorcycles. The rule states that “no person under the age of 17 may be carried on a motorcycle without the consent of a person having parental responsibility for that person…otherwise that person is committing an offence.”

The rules specifically refer to the consent of “a” person. The rules do not refer to both parents having to give consent. It is therefore my view is that you do not need your ex-wife’s consent as you have parental responsibility for your daughter. However, your ex-wife is free to apply to the court for an injunction if she wishes to do so and then it would be for a judge to decide on the specific facts of the case, for example if there is any evidence of reckless riding which I am sure there is not.

 

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