The motorcycle is a very functional alternative to take children to school or pick them up from extracurricular activities. It is a very practical means of transport that solves common problems during rush hour, such as the usual double-row parking of cars at the entrance to educational centres.
Fathers, mothers or even older siblings throughout Spain carry out this daily routine without giving it much importance, beyond the extra caution on the handlebars that carrying a minor in the back seat entails.
However, you have to know well what the regulations say to avoid fines and guarantee road safety. Spanish legislation is quite restrictive and seeks, above any other consideration, to protect the rights of minors in a situation in which they are especially defenseless.
The General Traffic Regulations establish two scenarios in relation to minors and their status as motorcycle passengers. The general rule establishes that the passenger must be over 12 years old.
However – as explained by Jose Roldán, a lawyer specialized in traffic and mobility matters from the legal team of calculatuindemnización.es – there is an exception for those over 7 years of age and in no case less than that age, who can travel as passengers in a motorcycle as long as the driver of the motorcycle is his father, mother, guardian or persons of legal age authorized by them.
If you are not the father/mother/guardian, you must obtain written authorization -via power of attorney- from the parents or legal guardians to be able to take the minor.
Well, in both cases the answer is no, Roldán states bluntly. The minimum age of 7 years is non-negotiable. On the other hand, for a minor to ride safely and legally on a motorcycle, they must be tall enough to comfortably reach the footpegs designed for passengers and always have their feet resting on them. Therefore, if the motorcycle does not have rear footpegs, these must be installed as an accessory. Therefore, it is not legal to carry a child with his feet dangling because he cannot reach the footpegs.
This means – obviously – that they must always use a helmet that is approved and appropriate for their age and size – there are many children’s models on the market – and although going to and from school it is more complicated, it is possible to protect the minor with some type. of technical clothing such as jackets or gloves.
Of course, the minor must always ride behind the driver, never between the driver and the handlebars. This is reaffirmed by article 12 of RD 1428/03 (General Traffic Regulations), in point number 2, which states that minors may travel on mopeds or motorcycles as long as they use the corresponding seat behind the driver.
First of all, you must check the specific terms and conditions of the policy and consult with the company if the contracted insurance already has coverage for passengers, including minors, given that some policies – depending on the insurance company – may require additional coverage. .
Some important considerations must be taken into account – they explain from calculatuindemnización.es – and that is that insurance policies in relation to children may have particularities that do not affect adults. In many cases it can increase the premium, as there may also be greater coverage for minor passengers and additional benefits for children if they are injured in an accident, such as including medical expenses, compensation for temporary or permanent disability or death benefits.
Since it is a child, we understand that, always and in any case, he would have the accident as an occupant of the vehicle, so – as a companion – he would also have the right to receive the corresponding compensation whether the driver of the motorcycle he was occupying is the cause. of the accident as if it is not.
In the event that the driver of the vehicle in which he was traveling as a passenger was responsible for the accident, compensation would be received by the vehicle’s insurance company and in the event that the opposite vehicle was at fault, the entity Responsible for taking charge of the compensation would be the insurance company of the vehicle responsible for the accident.
However, the minor cannot claim compensation through his or her own means and although he or she has the right to see compensation for the damages caused by the accident, at all times the procedures must be authorized and signed by the parents or legal guardians of the minor.
The representation of minors who have suffered a traffic accident is exercised by their parents or legal guardians, who act at all times on behalf of the minor. In the event that this appointment of guardians cannot be carried out – for example in the event that they have been seriously injured in the same accident – the Judge will appoint legal representation ex officio to be in charge of the defense.
In the case of extrajudicial agreements – they insist on calculatuindemnización.es – the parents or legal guardians of the child can negotiate on behalf of the child and approve any agreement on their behalf. However, a court must review and approve agreements involving children to ensure that they are fair and in the best interests of the child.
In accidents involving children, the Judge’s main objective is always to ensure that the interests of the minor are protected and that they are given the attention and compensation necessary for their recovery, so everything is much more controlled and scheduled.
The scenario changes completely, since we are talking about an event that can have serious civil and criminal consequences, depending on the circumstances. At first – and this is always the most important thing – you must stop to provide help and demand immediate medical attention for the minor. Make sure the child receives the necessary care by calling emergency services and following the instructions of medical professionals to provide the best care possible. Likewise, we must collaborate with the authorities and inform them of how the events happened.
Depending on whether there is negligence or fault in the accident, the consequences of the accident may include fines, administrative sanctions and even a judicial process in the most serious cases, but having stopped to provide help and having collaborated with the authorities will not further aggravate the situation.
An important aspect to highlight is that based on Law 35/2015 in relation to minors and accidents – in this case by motorcycle – is that minors under 14 years of age who suffer injuries through the exclusive fault of the victim will be compensated in accordance with the totality of the injuries suffered. That is, a percentage of attendance will not be applied as if it could happen with a person over 14 years of age.
In that case – according to the experts at “calculatuindemnización.es” – there is no responsibility of the owner of the motorcycle and the fault lies exclusively with the minor. We can compare it to a boy or girl falling off the swing while playing in the park or skating. Another thing is that that motorcycle is parked incorrectly or parked in a place where the passage of minors is disturbed, but even in that case the possibility of a claim would be irrelevant.
