Tuesday, 18 November 2008

Mini-Motos and Go-Peds

Both Avon and Somerset Constabulary and Bristol City Council frequently receive calls from residents expressing concern about persons riding mini-motorcycles and go-peds in public places around Henbury and Brentry.

Mini-motos are becoming increasingly popular but many parents are unaware of how dangerous these bikes can be and what laws are in place to safeguard their use.

Children as young as 5 years old are riding them with no instruction, protective clothing or helmets and sometimes with little or no adult supervision.
• These bikes can only be ridden on private land with the express permission of the land-owners.
• They can be dangerous for both the rider and any pedestrians that may get in the way.
• It is inconsiderate and aggravating for others when they are ridden in unsuitable locations.
• Elderly people and young children or animals may be unable to get out of the way in time and could easily be hit by one of these bikes which can travel at speed.
The consequences could be great for all concerned and the rider could not only face civil proceedings for damages but fall foul of the Road Traffic Law.

To make it clear here is a simple guide about what they can and cannot do if they ride these small motorcycles anywhere that is not private land.

Use on roads and public places
Mini motorcycles are classed as Mechanically Propelled Vehicles and as such, if they are to be ridden on the road or any public place, the law requires that the bike is:

Registered
• Taxed
• Insured
• Fitted with a prescribed standard pattern number plate
Compliant with Construction and Use Regulations in regards to brakes, and includes the requirement to have fitted an audible warning instrument (horn), brake lights and indicators
• The exhaust must also conform and not be too loud or altered in any way
• If used at night it must also comply with lighting regulations and have lights fitted and working
• The rider must hold a license for that class of vehicle
• If that license is a provisional license then 'L' plates must be displayed
• The rider must wear protective helmet and eyewear.

The term 'public place' for the purposes of the Road Traffic Act 1988 has been defined as:

'Any place to which the public have open access is a public place, even if payment must be made to gain entry'.

This would include car parks (public, retail and business parks), public parks, recreation grounds and open spaces.


Use on private ground
Bikes can ONLY be ridden on private property with the owner's consent.

Section 34 of the Road Traffic Act 1988 states that, if without lawful authority a person drives a mechanically propelled vehicle on to or upon any common land, moor land or land of any other description, not being land forming part of a road, or on any road being a footpath or bridleway or restricted byway he is guilty of an offence.

Both police constables and PCSOs have powers to seize any vehicle used in a manner which causes alarm, distress or annoyance under Section 59 of the Police Reform Act 2002.

Please note
If parents are the owners of a motorcycle, it can be classed as 'aiding and abetting' if they permit the illegal use of a motorcycle. Even if a parent just buys petrol for a motorcycle they then allow to be ridden illegally, they could be aiding and abetting the rider to commit offences. Owners can be prosecuted in addition to riders.


Go-peds - what's the law?
Go-peds, citybugs, buzz-boards and motorised skateboards are the most recent noisy additions to our streets and open spaces. However, most riders are unaware of the laws relating to their use.
Go-peds should not be sold as being suitable for use on the road, and people selling them should make buyers aware of the legal requirements.
If they are used in a public place, they are considered to be a mechanically propelled vehicle, and subject to the same laws as motorcycles.
To use a go-ped legally in a public place, you must follow all of the 'Ride legal' rules that apply to motorcycles.
Go-peds may be used in private gardens or on land where the rider has been given permission by the landowner.
If you have concerns about these bikes being ridden on public land please report it to the Police on 0845 456 7000 providing as much detail as you can (time, location, number, etc) and as often as it occurs.


SEIZURES
Since the beginning of the year Avonmouth Beat Team have seized 19 mini motor bikes, motor bikes and cars for no insurance and under Section 59 of the Police Reform Act 2002. Virtually all of these have been crushed.
Officers have also issued 11 Section 59 warnings to person(s) riding or driving vehicles carelessly, inconsiderately or off road.

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