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registration switch and offenses by the previous rider

Discussion in 'Politics, Laws, Government & Insurance' started by teodons, Jun 2, 2010.

  1. I got a 2nd second hand bike a few weeks ago, and since I didn't have my license at the time [only missing the knowledge test], I had the guy ride it to my house in exchange for a lift back to his place. This happened on 27 April and this is also when we exchange monies and the registration papers etc. A few days later, 30 April, I took in the registration papers to the RTA and formally had the registration changed to my name.

    Last week, I received a notice from the folks that run the tolls on the Pennant Hills Road entrance to the M2 that this bike had passed through there without paying on 27 April. One route from that guy's place to mine goes over that area, so I'm pretty sure it must have happened the night he rode it over.

    The funny thing is that the offense happened before I took in the papers to have the registration switched over.

    I still have his license number and could do the statutory declaration thing to have it switched to him. I'm not going to though, because he told me he was going overseas for 6 months and he might get in trouble for ignoring this during that time. He was very courteous and the transaction was pleasant overall, so I don't think he did this maliciously, more like just an honest mistake. I'm not really that fussed about the money either [$2 for the toll and $10 for administration fees], could just think of it as a "delivery fee".

    That got me thinking though, it seems that the RTA doesn't really care about timing of registration changes and offenses. Supposing that instead of just a toll evasion, that he'd gotten a huge speeding fine or run a red light. That could end up affecting my license right? Is there anyway to protect yourself from that? Or are you just at the mercy of the other person, having to trust that they haven't done something silly recently?

    Scary eh?
  2. pffft, you answered your own question.

    You're NOT going to nominate him for a measly 12bux, but I expect if he pulled an armed holdup on the bike you WOULD forward his details.
  3. I'd be real careful to be sure that there are no other fines en-route to you. If you "wear this", you're effectively declaring yourself to be the vehicle operator on the day for any other offences incurred.
  4. That's a good point, I think I'll send in the statutory declaration just to be safe. Hopefully he's got someone at home processing his mail.
  5. What date did you sign the papers? If it's dated to the 27th, then the bike was legally yours, he was just delivering it.
  6. I signed the registration papers on the 27th, but after he had ridden it to my place. In any case, I didn't even have my license then so it couldn't have been me D:
  7. As far as covering yourself in the future, I always make up a separate timed and dated receipt when buying or selling vehicles - and both myself and the other party sign and take a copy (receipt/contract of sale).

    That way if there are any offences - you've got their signature stating what time ownership was transferred. I've never had to depend on it though, so not sure how it would stand up if they denied it (maybe get a witness sig too?)

    Edit: Also... it doesn't actually matter who 'owned' the bike - when a traffic infringement is made, it's the person in control of the vehicle who is liable for all penalties.
  8. That's a great idea too. I did type up a dated "receipt", but it was not timed.
  9. +1 Russ, i do the same, time and date one for each party signed by both and if available, witnessed.
    Gives you a legal leg to stand on if need be.