police??? what can they do

oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

hey guys,
the other day i was going to a field near my house (about 100meters away) and just as i hit the country road a copper came round the bend, i thourght it wasnt worth it so i stoped, she told me that i shouldn't be doing it and made me push it (remember - this is in the middle of know-where on a country road) and so she drove off. however she told me that she could take my bike of me (yeah i forgot to mension that it isn't road legal) if she wanted to, this is why i am posting this here because i dont really understand what she can do, i was told that they had to give you a written warning first and then if courght a second time they can then take your bike away??? does anyone know? i think this is called a section 59 or something but does section 34 (driving on common land) have anything to do with it?? does any one know, i have had a look on google but it's all non-sence to me, but yeah, what can they do to me and my bike if i was to be fully red handed courght on the road? cheers guys sorry about such a long post
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

They can do a lot. S59 is the easy and lazy thing for them to do.

However I presume it is an unregistered bike. Pushing it on the road means you are using an uninsured bike on the road which is a fine and points (and bike possibly seized until you can provide proof of it being insured).

All the best

Keith
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oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

say, i'm courght on the road riding my crosser, do they have the aurthority to take my beloved bike off me?
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Yes they can as you are using a vehicle on the road without insurance.

https://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_067639

Possible penalty of 6~8 points, up to £5000 fine and seizure (and under certain circumstances destruction) of the vehicle.

And that ignores any other penalties they could get you for riding without a license, riding under age (assumption there), riding a vehicle not registered, no L plates, no tax, no MOT, etc

All the best

Keith
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oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

on a country road, will they generally just be lazy and give you a sec59, assuming that the copper is a half decent bloke? i know i'm asking alot of questions mate but i got real shuck-up when this copper said that they can confiscate my bike, and i have a provisional, does that count, i no my bike still isn't insured or anything tho
cheers
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if it doesn't smoke, it's a joke... 2stroke for life bitch!!!

Dex · Nitrous Nuisance Joined: 19 Apr 2009 Karma :

Provisional won't help in the slightest. It will just mean you already have something for them to put the points on.

If you wanna ride a bike on the road (even for 50 yds) then you get a license, insurance, tax, MOT like the rest of us have to.

If you're pushing a bike on the road, that's not road legal then I think it's gonna be down the the policeman at the time - but I suspect they can still give you a fine, points and confiscate the bike.

If the bike gets confiscated you'd need to prove insurance or it will get scrapped.

oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

proberbly time to lay low then, i'l just start pushing it to the field, don't think a copper would do anything about that as the copper told me to push it Wink

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if it doesn't smoke, it's a joke... 2stroke for life bitch!!!

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Strictly they could do you for pushing it (you are still using it on the road), even if you take the spark plug out so it can't be started.

S 59 is just an easy way to get a "result" (and a resulting penalty) against people without the need for any pesky court case or evidence.

All the best

Keith
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Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Pushing the bike is the same as riding it; the bike has to be MOTed, taxed and insured whilst the rider needs to have the appropriate license.

A provisonal license counts as long as the bike is of a size that you'd be allowed to ride with your provisional, so if you're 17+ then your provisional allows you to ride up to 125cc with a maximum of 14.6bhp.

oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

yeah, i have written permision Wink

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if it doesn't smoke, it's a joke... 2stroke for life bitch!!!

Hockeystorm65 · Spanner Monkey Joined: 08 Sep 2010 Karma :

If you are caught on the highway (any public road) with an illegal bike or an inappropriate licence the Police can take it off you there and then. Whether or not they do and if you get it back will depend on how enthusiatic they are! Don't do it!

In order for them to touch you on private land they heed to have a 'complaint' from a 'relevant party' first. Even then might be a Civil court issue rather than a Criminal Court one depending upon what you were doing.

If you have permission to be on that private land and you are not creating 'a nuisance' you should be OK. Wink

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oatesmx · Borekit Bruiser Joined: 01 Sep 2010 Karma :

tvr321 · Nitrous Nuisance Joined: 20 Sep 2009 Karma :

If it's just a country lane and you're just riding it 100m up the road to a field I think it would take a complete arsehole for you to lose your bike.

Ed Case · World Chat Champion Joined: 01 Mar 2009 Karma :

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

daveuprite · Derestricted Danger Joined: 03 Aug 2010 Karma :

I used to use a trailer for my bike racing, towing my race bike behind a properly registered, insured etc car.

Being a track bike, it was not registered (no V5) and obviously had no insurance, tax, MOT etc etc.

As far as I am aware, I was completely legal towing my no-documents bike a foot above the ground along the lane; while the OP is illegal pushing his along the ground.

Is that the case?

Dex · Nitrous Nuisance Joined: 19 Apr 2009 Karma :

Dex · Nitrous Nuisance Joined: 19 Apr 2009 Karma :

G · The Voice of Reason Joined: 02 Feb 2002 Karma :

It depends on the locale. Around here kids are illegally riding all over the place on loud bikes, generally annoying a lot of the local populace.
So if they see you riding "just to my friend's field, honest guv", you'd hope they take a dim view of it.

If however it's an area where there's not much trouble and you don't get kids riding illegally in local woods etc, you're much more likely to get away with it.

I think you'd have to have a right arse to do you for pushing it, but it is possible. Presuming of course you really do have permission to ride it in the field and aren't annoying too many people hat may have complained to the police.

Yes daveuprite, that's the case.

Ditto · Nearly there... Joined: 26 Sep 2009 Karma :

So basically you were riding a unlicensed, uninsured, untaxed bike on the road with no licence?

Obviously its illegal, a country road is a public road same as any other.

If you were riding around town with it you would have had the bike confiscated, 6 points, ban and fine so count yourself lucky.

Seems you were unlucky in bumping into the police though, ive yet to see a police car on a country road and there's hundreds round where I live.

And yes that is the case Dave, because pushing a bike is still you in control of it on a public road. Towing it means you are in control of another vehicle, i.e the one towing it.
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Skudd · Super Spammer Joined: 01 Oct 2006 Karma :

What if you put the bike on a trailer or cart and pushed the cart? Or had a horse pull the cart?
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c_dug · Super Spammer Joined: 04 Sep 2007 Karma :

Or to take it to the extreme, some ratchet straps and two skateboards.
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toombark · Two Stroke Sniffer Joined: 11 Dec 2009 Karma :

Getting back to the question...

Section 59 relates to using a mechanically propelled vehicle in a "Public Place" and causing alarm, harassment or distress. So if you are using on open land that the public can use, then it is up to you to be careful. The initial warning relates to both the vehicle and driver/rider for 12 months. If your warning on your mates bike, then do something silly on your bike.... then legally, the vehicle your using at the time can be take (and visa versa).

The other situation on the road (or even public place again), means driving or riding without, licence, tax or insurance. The private land has to be completely private with no access to public at all - no rights of way, etc. Transport to this location needs to be in a trailer or vehicle to avoid using it on the road or in public place. Also the term "being in control" of the vehicle means even sat on and pushing as you are controlling the brake.

Hope this helps.
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