My husband's friend wrecked my Buddy!
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Husband's friend wrecked my Buddy
Ok I shouldn't have done this. But I let my husband's friend borrow my Buddy to take his motorcycle test. I thought it would be ok since he's been riding motorcycles for over 25 yrs with his temps. He wrecked it during his test. Front fender,front panel side panel and top case all scratched up. Broke mirror off, headlight, handle bars are scratched and broken. I called my insurance company and they said it falls on me. And not this guys insurance to pay. I don't think thats right. Has anyone else heard of this? I think his insurance should cover it. Since he wrecked it. He wrecked it this morning so I'm still pretty upset about it. Any advice?
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I was already getting bad vibes when he's been riding for 25 years...on temps.
If insurance wont handle it, just make the guy pay full price out of his pocket and buy you a new bike. Sell the bike for OEM parts since the front is wrecked, if the back engine and other parts are good, they can be sold, such as the back suspension, the engine itself, the rear rim, tire....
If insurance wont handle it, just make the guy pay full price out of his pocket and buy you a new bike. Sell the bike for OEM parts since the front is wrecked, if the back engine and other parts are good, they can be sold, such as the back suspension, the engine itself, the rear rim, tire....
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That seems pretty excessive. he should be made to pay to replace the panels, mirror, and headlight...jfrost2 wrote:I was already getting bad vibes when he's been riding for 25 years...on temps.
If insurance wont handle it, just make the guy pay full price out of his pocket and buy you a new bike. Sell the bike for OEM parts since the front is wrecked, if the back engine and other parts are good, they can be sold, such as the back suspension, the engine itself, the rear rim, tire....
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Aw—that sucks!ldrape wrote:Ok I shouldn't have done this. But I let my husband's friend borrow my Buddy to take his motorcycle test. I thought it would be ok since he's been riding motorcycles for over 25 yrs with his temps. He wrecked it during his test. Front fender,front panel side panel and top case all scratched up. Broke mirror off, headlight, handle bars are scratched and broken. I called my insurance company and they said it falls on me. And not this guys insurance to pay. I don't think thats right. Has anyone else heard of this? I think his insurance should cover it. Since he wrecked it. He wrecked it this morning so I'm still pretty upset about it. Any advice?
Coverage is usually for a specific rider on a vehicle. Is your insurance saying they won't cover it at all or just that if will go on your insurance, not his? Even if it falls on you, your husband's friend should offer to pay any costs or deductibles.
Sadly, I was talking to some dealers and other scooteratis recently about crashes in the first few weeks, hours or days of ownership. They agreed that motorcycle riders are the absolute worst on a modern scooter, mostly because they're overconfident and don't realize they have to learn a totally new way of controlling the throttle.
Sorry to hear about this. Though it's no consolation, we've had several reports at this point of someone loaning a scooter only to have it crashed. No one rides my scoots except me and my mechanic!
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Re: Husband's friend wrecked my Buddy
Castrate the SOB.ldrape wrote:Any advice?
Rob
"Sponges grow in the ocean. That just kills me. I wonder how much deeper the ocean would be if that didn't happen."
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This truly totally sucks. I can tell you that you're looking at nearly $1k in repairs as my scooter just got repaired with much of the same damage. The headlight costs a couple of hundred alone since it's a 2 hour repair. It looked cosmetic to me so I was amazed my bill came to $1300.
My insurance says I'm liable if I loan my scooter out and I don't think that means THEY will cover it for me.
Yes, this guy should make this right without you having to incur an increase of premiums to do so. This is an awful situation - nightmare actually.
Good luck and I hope this man pays you in kind as you were so generous to loan it to him.
My insurance says I'm liable if I loan my scooter out and I don't think that means THEY will cover it for me.
Yes, this guy should make this right without you having to incur an increase of premiums to do so. This is an awful situation - nightmare actually.
Good luck and I hope this man pays you in kind as you were so generous to loan it to him.
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I'll bet he grabbed the brake like it was the clutch. When I got my scoot that was the first thing I had to break myself of. A real friend would be bending over backwards to make things right with you.
I offered to let a friend drive my scoot and he raised both hands and said noooooo!!!! I'm not going to be responsible for the first scratch!
I offered to let a friend drive my scoot and he raised both hands and said noooooo!!!! I'm not going to be responsible for the first scratch!
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I'm guessing he didn't pass the test then? Just out of curiousity, do you know at what point he crashed? Figure 8's? Circles? Just drivin' around? It's truly a sad and unfortunate story, but the visual I'm getting (if nobody was hurt) is a bit comical.
When I took the road test, I witnessed a dozen or more MC riders fail within seconds, by putting a foot down. There were seasoned bikers in line, begging to borrow scooters. Sure it's easier to do the maneuvers on a scoot, but as your story illustrates, riding one cold, coming from an MC, is probably a bad idea. Scooter is not motorcycle. Scooter is scooter.
When I took the road test, I witnessed a dozen or more MC riders fail within seconds, by putting a foot down. There were seasoned bikers in line, begging to borrow scooters. Sure it's easier to do the maneuvers on a scoot, but as your story illustrates, riding one cold, coming from an MC, is probably a bad idea. Scooter is not motorcycle. Scooter is scooter.
You know scooter is scooter!
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hmmm
sounds like your "friend" just bought a Buddy,,?? but this makes me wonder if there is a market for "test scooters" rentals, just rent one, pass your safety exam,,but insurance probably would be an issue too..
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Sorry to be the bad guy here but the OP should be 100% responsible for the repairs.The Buddy was under the full control and responsibility of the OP. Being nice or giving doesn't have anything to to with legalities.If the Friend who rode the buddy steps up thats great but that should not be expected by the OP.I just sold a minibike that I rode around on in my neighborhood.You wouldn't believe how many people asked to ride it,including strangers.I had to say no simply because if something happened it would fall on my shoulders.Sorry.
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I don't think anyone is saying the OP isn't responsible, just that the standup thing to do would be for the person who wrecked to offer to pay. Obviously if you loan something, you take the risk of it not coming back as it was loaned out. But common courtesy would say that it's a pretty crappy thing to do to borrow someone's scooter, wreck it, and then just say "oh well, here ya go! Thanks!".BuddyLicious wrote:Sorry to be the bad guy here but the OP should be 100% responsible for the repairs.The Buddy was under the full control and responsibility of the OP. Being nice or giving doesn't have anything to to with legalities.If the Friend who rode the buddy steps up thats great but that should not be expected by the OP.I just sold a minibike that I rode around on in my neighborhood.You wouldn't believe how many people asked to ride it,including strangers.I had to say no simply because if something happened it would fall on my shoulders.Sorry.
How? You can't sue someone for borrowing and breaking something you loaned him, can you?Quo Vadimus wrote:small claims court should get you most of the cost of repairs back.
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Re: hmmm
This does exist:mojobuddy70cc wrote:but this makes me wonder if there is a market for "test scooters" rentals, just rent one, pass your safety exam,,but insurance probably would be an issue too..
http://cnj.craigslist.org/mcy/1262559921.html
Not sure how the insurance works, though.
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Sad to say but when you give someone permission to use your vehicle you are also accepting responsibility for what they choose to do on it, and that includes making a mess of things.
Hopefully, he will be willing to pay for the deductible, because you were being very nice to let him take his test on your bike and it is the right thing to do.
One of the lessons here is to make certain you are sure you know the laws and regulations about who is responsible for what in various situations, and if someone has been riding for 25 years on temps I would want to know why, with that much experience they don't feel confident they can pass the test on the bike they have been riding all that time. Not to mention WHY he never bothered for the last 25 years to go ahead and get his endorsement...
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
Some insurance companies actually ask you for the names of all the people in your household that are a specific age (sometimes as young as age 10) and above and the policy specifically EXCLUDES them as drivers on the policy. I had Safe Auto for a while and my 10 year old son was listed as an excluded driver on my policy.
Good luck.
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Hopefully, he will be willing to pay for the deductible, because you were being very nice to let him take his test on your bike and it is the right thing to do.
One of the lessons here is to make certain you are sure you know the laws and regulations about who is responsible for what in various situations, and if someone has been riding for 25 years on temps I would want to know why, with that much experience they don't feel confident they can pass the test on the bike they have been riding all that time. Not to mention WHY he never bothered for the last 25 years to go ahead and get his endorsement...
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
Some insurance companies actually ask you for the names of all the people in your household that are a specific age (sometimes as young as age 10) and above and the policy specifically EXCLUDES them as drivers on the policy. I had Safe Auto for a while and my 10 year old son was listed as an excluded driver on my policy.
Good luck.
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TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
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Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?jijifer wrote:TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
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They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.robby wrote:Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?jijifer wrote:TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
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Nice! Just called and they confirmed. Whew.jijifer wrote:They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.robby wrote:Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?jijifer wrote: TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.
I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
- Lookin' To Scoot
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I guess you'll soon find out how good of a "friend" this guy is. I don't believe there is any way you and your insurance company are not liable for the repairs. But if this dude doesn't pay the deductible and perhaps just as importantly, make sure the amount of time you have to spend on cleaning up his mess is kept to a minimum, I'd tell your husband he needs to get a new pal. To borrow someone's property and not return it in the same condition, or if something happens to not fix it or pay to have it fixed, is about as low as one can get. The only word I can think of is LOSER.
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I'm pretty sure OP and borrower had an understood agreement that the scooter would be returned in a certain condition.jmazza wrote:
How? You can't sue someone for borrowing and breaking something you loaned him, can you?
You don't think if I invite someone into my house, then they kill my dog, I could sue them? I gave them permission to pet, not kill my dog. Similarly, OP gave permission to ride, not destroy, the scooter. I'll let the actual lawyers argue about whether destruction is part of typical use of a scooter...
While you might get in some amount of trouble if you give a drunk a car or loan a shotgun to a member of the 10 most wanted club, the offender isn't going free simply because it wasn't their weapon.Vic wrote:
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
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I'm also not sure what he meant by that analogy, because at face value it isn't true. If I get a DWI in your car, the DWI is on me, not you.Quo Vadimus wrote:I'm pretty sure OP and borrower had an understood agreement that the scooter would be returned in a certain condition.jmazza wrote:
How? You can't sue someone for borrowing and breaking something you loaned him, can you?
You don't think if I invite someone into my house, then they kill my dog, I could sue them? I gave them permission to pet, not kill my dog. Similarly, OP gave permission to ride, not destroy, the scooter. I'll let the actual lawyers argue about whether destruction is part of typical use of a scooter...
While you might get in some amount of trouble if you give a drunk a car or loan a shotgun to a member of the 10 most wanted club, the offender isn't going free simply because it wasn't their weapon.Vic wrote:
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
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In most states the law is pretty clear, the risk of loss is with the owner. It doesn't really matter who has possession of the property or what they are doing with it. In this case, the owner was fully aware that the friend was using the scooter for a motorcyle licensing test and is presumed to be aware of the risks involved.
As if that isn't bad enough, here's where it gets really fun: If there is a defect with the scooter, for instance, the brakes are worn out and need to be replaced. If the owner did not inform the borrower of such (and probably even if the owner did inform the borrower), and the borrower wrecks the scooter while taking his motorcycle license test, the borrower actually has a claim against the owner for his injuries.
Unfortunately, this is a classic example of no good deed going unpunished.
As if that isn't bad enough, here's where it gets really fun: If there is a defect with the scooter, for instance, the brakes are worn out and need to be replaced. If the owner did not inform the borrower of such (and probably even if the owner did inform the borrower), and the borrower wrecks the scooter while taking his motorcycle license test, the borrower actually has a claim against the owner for his injuries.
Unfortunately, this is a classic example of no good deed going unpunished.
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Hey, this is America! The borrower could probably also sue for emotional damages from failing the test!Lookin' To Scoot wrote:If there is a defect with the scooter, for instance, the brakes are worn out and need to be replaced. If the owner did not inform the borrower of such (and probably even if the owner did inform the borrower), and the borrower wrecks the scooter while taking his motorcycle license test, the borrower actually has a claim against the owner for his injuries.
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I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc [EDIT] make that 100cc[/EDIT], then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.robby wrote:Nice! Just called and they confirmed. Whew.jijifer wrote:They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.robby wrote:
Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?
I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
It may not matter to you, but just in case...
Last edited by Syd on Fri Jul 10, 2009 6:51 pm, edited 1 time in total.
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Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.
It may not matter to you, but just in case...
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Page iii in the AZ Motorcycle Operator Manual states:Lookin' To Scoot wrote:Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.
It may not matter to you, but just in case...
Sorry, the 150 was a memory error. Edited above.If you test with a 100cc or less motorcycle, you will receive a "J" restriction
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Update. I know many are asking how he wrecked it. What my husband tells me is that he wrecked it doing the high speed stop. So I'm assuming he locked the brakes up and gravity took affect and he flipped it. He called my husband to tell him and my husband made him fill out a police report. He has done nothing but apoligize over and over again to my husband. But has yet to call me. He has offered to help pay but time will tell. My insurance company just called to inform me that in the state of Ohio he is liable for 50% of the damage so they will be going after his insurance to pay. I have learned a valuable lesson. Never ever let someone borrow or ride your scooter!!!!!!! Thanks for all your support and comments. I will no more next week when we take it to the dealership to determine how much it's going to cost to fix it. If they can fix it.
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Putting insurance aside, this was a bailment (loan) for the sole benefit (i.e. no payment) of the bailee (borrower), therefore the bailee's standard of care was higher than ordinary care. The parties' insurance may not cover what happened because of contractual exclusions, but the bailor (the unfortunate OP) has a claim against the bailee for damages.
This is different from loaning your car to a known drunk who injures someone else who then has a right to sue you for negligently lending your car. It's also dissimilar to not warning the borrower of a dangerous condition with the vehicle which results in injury to the borrower who can then sue you for the harm. He borrowed it for free, he broke it presumably through his own negligence, you can sue for the damages. The wisdom of doing so is a separate issue involving extralegal considerations.
[edit - posted this before seeing your update]
This is different from loaning your car to a known drunk who injures someone else who then has a right to sue you for negligently lending your car. It's also dissimilar to not warning the borrower of a dangerous condition with the vehicle which results in injury to the borrower who can then sue you for the harm. He borrowed it for free, he broke it presumably through his own negligence, you can sue for the damages. The wisdom of doing so is a separate issue involving extralegal considerations.
[edit - posted this before seeing your update]
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Definitely varies by state. MSF is not affliated with the DMV. Most States agree that the skills test given at MSF is more comprehensive and thus negates the requirement of testing at the DMV.Syd wrote:Page iii in the AZ Motorcycle Operator Manual states:Lookin' To Scoot wrote:Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.
It may not matter to you, but just in case...Sorry, the 150 was a memory error. Edited above.If you test with a 100cc or less motorcycle, you will receive a "J" restriction
Here in CA. They only asked if my scoot was less than 250cc. They don't require any skill in the basic course over 35mph such that a 50cc is plenty for the basic skills test and the certificate given at MSF, here in CA, doesn't mention what size bike you completed the skills on.
I wonder, if in AZ, if you took your 50cc to MSF, if they'd notify the DMV or if they'd just give the same cert saying you've passed the skills test. I can see if you showed up at the DMV with that small bike, they'd note it, but maybe not at the MSF.
Either way, sounds like that's a specific AZ issue.
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- bluebuddygirl
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In Ohio and endorsement is an endorsement. You need a full motorcycle endorsement to ride anything besides a moped and it is only considered a moped if it has pedals.
I wonder did your husband's friend ask to borrow the scooter or did you volunteer it. I know that our insurance only covers me and my husband as riders, so if I were to offer the scoot to someone and they wrecked it the cost would be entirely mine, not valid through insurance.
If you offered it up without making sure you were covered you are kind of in a bad spot. If he asked to borrow it, then I would say he should offer to pay or at the very least help pay.
I wonder did your husband's friend ask to borrow the scooter or did you volunteer it. I know that our insurance only covers me and my husband as riders, so if I were to offer the scoot to someone and they wrecked it the cost would be entirely mine, not valid through insurance.
If you offered it up without making sure you were covered you are kind of in a bad spot. If he asked to borrow it, then I would say he should offer to pay or at the very least help pay.
- Syd
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- Location: Tempe
What's more interesting though, is that I can only find that statement in the Operator's Manual. I tried searching the Title 28 of the Arizona Revised Statutes (the law), but came up empty. So who knows?Lookin' To Scoot wrote:Syd- Guess the DMV got it right then. I wasn't with the misses when she took the test, I wonder if they asked her if her scooter was over 100cc or just saw it on the front panel. I'm going to ask her tonight. Either way, thanks for doing the research to clear up the confusion.
The majority is always sane - Nessus