Private land and bikes causing a nuisance

[T5GRF]

Over the last 12 months a guy has been using a local private car park to practice stunt riding on a 1000cc sports bike with full race pipes, the noise has been a nightmare even with windows closed.

The police have been involved but after some investigation apparently he has the land owners permission to be on the site, the police have told us that as it is private land there is nothing they can do about the problem which is somewhat annoying putting it mildly....

Having read a small amount about section 59 of the road traffic act, it appears to me that the police have the powers to deal with the noise nuisance despite the fact that it is on private land. Can anyone provide any further help as to how to deal with this.

Many thanks

[Pothole]

Speak to the land owner?

[Centurion07]

Could try asking him to put the standard silencer back on it for when he's there. It's a 5 minute job & will stop you having to take it further. Even that may be too loud for you but it's worth a try, no?

[T5GRF]

I have spoken to the business that occupies the site, they are not interested in discussing it and claimed that they knew nothing about it. They also provided some duff information about who actually owned the site. It took the police a day to track down the owner apparently, they would not tell me who that was last time I spoke to them.

I will go and request he changes the pipe next time he is there but given the nature of his riding (wheelies, donuts etc) with lots of low gear high revving and tyre squealing I am not sure it will make much difference.

Could the police use section 59 in this instance to move him on?

[Lawbags]

I'm sure if you had a loud party and annoyed all the neighbours that the police would come knocking.

I'm pretty sure that your not allowed to spoil others enjoyment knowingly. Have you tried your councils noise abatement team?

[herewego]

If the land is registered you can find out who owns it in five minutes on the Land Registry site.

[zzzzzzzzzzzzzzz]

You need to speak to your local authority and their environmental health department.

[Centurion07]

T5GRF said:

I will go and request he changes the pipe next time he is there but given the nature of his riding (wheelies, donuts etc) with lots of low gear high revving and tyre squealing I am not sure it will make much difference.

He might actually be a genuine stunt rider rather than someone just nobbing about and therefore may well change it. Can't hurt to ask. If he doesn't then he deserves everything you can throw at him.

[CAPP0]

zzzzzzzzzzzzzzz said:

You need to speak to your local authority and their environmental health department.

Yes - they may be able to stop him via the Statutory Nuisance route (I think that's what it's called - basically you can't keep making a noise which affects others).

[T5GRF]

Thanks for the replies. I have had dealings with environmental health over this issue before. I called them again today, I am looking forward to a call back from an officer within 4 working days...

Does anyone know if section 59 could be used in this situation to move this guy on?

[chrisgtx]

I think he's being a cock not using a road legal silencer,asking for trouble that.
I Don't blame you for being fed up though.

[NH1]

T5GRF said:

Thanks for the replies. I have had dealings with environmental health over this issue before. I called them again today, I am looking forward to a call back from an officer within 4 working days...

Does anyone know if section 59 could be used in this situation to move this guy on?

Dont think so, section 59 is only used for battering a law abiding motorist when the police have no other evidence.

[BE57 TOY]

T5GRF said:

Does anyone know if section 59 could be used in this situation to move this guy on?

Section 59 can only be used on common land, a footpath, bridle way etc.

It can't be used on private property.

[750turbo]

T5GRF said:

Over the last 12 months a guy has been using a local private car park to practice stunt riding on a 1000cc sports bike with full race pipes, the noise has been a nightmare even with windows closed.

The police have been involved but after some investigation apparently he has the land owners permission to be on the site, the police have told us that as it is private land there is nothing they can do about the problem which is somewhat annoying putting it mildly....

Having read a small amount about section 59 of the road traffic act, it appears to me that the police have the powers to deal with the noise nuisance despite the fact that it is on private land. Can anyone provide any further help as to how to deal with this.

Many thanks

Looking at your profile (apart from 1 clanger) go and join him!

[Zeeky]

S59 does apply to private land if the user is trespassing. In this case the user appears to have the landowner's permission.

This is a nuisance issue.

[Martin4x4]

T5GRF said:

Over the last 12 months a guy has been using a local private car park to practice stunt riding on a 1000cc sports bike with full race pipes, the noise has been a nightmare even with windows closed.

The police have been involved but after some investigation apparently he has the land owners permission to be on the site, the police have told us that as it is private land there is nothing they can do about the problem which is somewhat annoying putting it mildly....

Having read a small amount about section 59 of the road traffic act, it appears to me that the police have the powers to deal with the noise nuisance despite the fact that it is on private land. Can anyone provide any further help as to how to deal with this.

Many thanks

Escalate with the Police, this is what Section 59 is supposed to be for.

http://www.humberside.police.uk/traveling-safely/c...

Driving in a manner which is causing/has been causing, or is likely to cause alarm, distress or annoyance to members of the public.

Edited by Martin4x4 on Friday 23 May 20:10

[BE57 TOY]

Martin4x4 said:

Escalate with the Police, this is what Section 59 is supposed to be for.

http://www.humberside.police.uk/traveling-safely/c...

Driving in a manner which is causing/has been causing, or is likely to cause alarm, distress or annoyance to members of the public.

Edited by Martin4x4 on Friday 23 May 20:10

Unfortunately not as it doesn't apply if you're on your own private land (or someone else's with permission)

[fangio]

Is this any good?

http://www.thesite.org/housing/housing-problems/no...

[wc98]

how often does this take place ?

[hunton69]

It's a council issue.

They came down on us because our dog was accused of barking at night. Bloody thing never does I wish it would.