Legality of of pushing broken bike?

Legality of of pushing broken bike?

Author
Discussion

SteveR1979

599 posts

140 months

Sunday 1st January 2017
quotequote all
SS2. said:
In the context of this thread and for the purposes of the relevant legislation, yup.

Parked up & unattended (road, or other public place) = using.
I can tell you without a shadow of a doubt that's not the way it works in West Sussex.


SS2.

14,455 posts

237 months

Sunday 1st January 2017
quotequote all
SteveR1979 said:
SS2. said:
In the context of this thread and for the purposes of the relevant legislation, yup.

Parked up & unattended (road, or other public place) = using.
I can tell you without a shadow of a doubt that's not the way it works in West Sussex.
Legislation & established case law doesn't differ between West Sussex and the rest of England & Wales.

A motor vehicle, parked up and unattended on a road, remains 'used' and, as such, needs to comply with MOT, tax and insurance requirements.

Timbuktu

1,953 posts

154 months

Monday 2nd January 2017
quotequote all
Haven't read the whole thread but I head of a guy that got done for using a vehicle with no insurance.

It was a scooter and didn't start but he was free wheeling it down a hill to save some pushing and got caught.

anonymous-user

53 months

Monday 2nd January 2017
quotequote all
Timbuktu said:
Haven't read the whole thread but I head of a guy that got done for using a vehicle with no insurance.

It was a scooter and didn't start but he was free wheeling it down a hill to save some pushing and got caught.
Harsh but slightly more justification than some poor sod pushing a motorbike.
Anytime soon I will be reminded what the law is.....again.

SteveR1979

599 posts

140 months

Monday 2nd January 2017
quotequote all
SS2. said:
Legislation & established case law doesn't differ between West Sussex and the rest of England & Wales.

A motor vehicle, parked up and unattended on a road, remains 'used' and, as such, needs to comply with MOT, tax and insurance requirements.
On my road we had a car that had no tax, MOT or insurance.

I reported it repeatedly.

I complained because nothing had been done and was told that unless it was being driven it wasn't being used.

I gave up at that point!

SS2.

14,455 posts

237 months

Monday 2nd January 2017
quotequote all
SteveR1979 said:
SS2. said:
Legislation & established case law doesn't differ between West Sussex and the rest of England & Wales.

A motor vehicle, parked up and unattended on a road, remains 'used' and, as such, needs to comply with MOT, tax and insurance requirements.
On my road we had a car that had no tax, MOT or insurance.

I reported it repeatedly.

I complained because nothing had been done and was told that unless it was being driven it wasn't being used.
They were either wrong in their understanding or just fobbing you off.

Gareth79

7,628 posts

245 months

Monday 2nd January 2017
quotequote all
Brads67 said:
Vaud said:
Care to cite a reference for that....?
The MOT testing station I use , but having done some more checking since I typed that, it may appear that I was talking out of my ass.

I have never used the clause (if it exists) and can only assume the guy was talking about the use of trade plates ? possibly ?
The garage's insurance would cover it if an employee came out to collect (and return) it. Quite common for 'local' garages to do that actually.

Vaud

50,290 posts

154 months

Monday 2nd January 2017
quotequote all
Gareth79 said:
Brads67 said:
Vaud said:
Care to cite a reference for that....?
The MOT testing station I use , but having done some more checking since I typed that, it may appear that I was talking out of my ass.

I have never used the clause (if it exists) and can only assume the guy was talking about the use of trade plates ? possibly ?
The garage's insurance would cover it if an employee came out to collect (and return) it. Quite common for 'local' garages to do that actually.
Sure - I agree - but that's a different scenario to Brads67's original post.

Bodragon

1 posts

131 months

Monday 6th May 2019
quotequote all
cmaguire. I am totally with you here.
Yes, of course the law is the law but there is also something else called common sense.
I happen to have just bought a moped/scooter on eBay.
It is described as having a totally seized engine and so I intend to push the thing from where it is (Kennington) to my place (Tulse Hill, Brixton).
Now, I got a twelve month driving ban way back in 2005 and have never bothered to reapply for my licence.
If anything, having this little cargo moped will give me some motivation in actually taking that step to apply for my licence back.
I am willing to risk the wrath of the Old Bill in my intention to push the thing all the way home to my place.
To all you wimps out there, I'm with cmaguire.
I'm gonna go to collect my new purchase and attempt to push it all the way home.
To all the naysayers out there, I have two words for you:
fk OFF
Now I am 90 odd percent sure I will make it home without incident.
And any police style incident that might crop up along the way, I will rely on my well honed skills of the argument of reason and reasonableness for me to make it all the way home.
It will be a sorry time when you get arrested and charged just because the law says so.
If there was no hope whatsoever of "negotiation" and arguing from the point of reason, I wouldn't even bother.
But now, I see it as a challenge.
I make no apology.
I take this challenge with SPIRIT!

mikeyr

3,118 posts

192 months

Monday 6th May 2019
quotequote all
confusedconfusedconfusedconfusedconfusedconfusedconfused

gazza285

9,780 posts

207 months

Tuesday 7th May 2019
quotequote all
mikeyr said:
confusedconfusedconfusedconfusedconfusedconfusedconfused
First post in over six years of membership...

Red Devil

13,055 posts

207 months

Tuesday 7th May 2019
quotequote all
cmaguire said:
The OP, however, has not stolen his own bike and should he be stopped pushing it by the Police I would like to think once they know that they would send him on his way. Not then start looking for bald tyres, whether it's SORN'ed, has tax or mot or insurance, because he won't be riding it and has no intention to ride it nor clothing to ride it (although being a hardened crim I expect adding 'no helmet' to his list of crimes would be small potatoes to him anyway).

He is talking about pushing his bike on the pavement. A bike that doesn't run.

He is not talking about whether he should ride it back home on the road illegally without insurance etc because "it's not far so it doesn't really matter".

You can see the difference I presume? Much as common sense saw the difference at one time.
The Law may be the Law but in this case it is idiotic and I would ignore it and fully expect to suffer no retribution (and no animals would be harmed in the undertaking of this criminal act).
OK, a question for you. If the OP were to get tugged and prosecuted would you undertake to pay any fine/s imposed on him and all future increased insurance costs he might suffer as a result of the points he would also receive?


CanAm

9,115 posts

271 months

Tuesday 7th May 2019
quotequote all
Red Devil said:
OK, a question for you. If the OP were to get tugged and prosecuted would you undertake to pay any fine/s imposed on him and all future increased insurance costs he might suffer as a result of the points he would also receive?
The OP raised this over two years ago and it looks like we never got an answer. The thread was resurrected by Bodragon above.

untakenname

4,953 posts

191 months

Tuesday 7th May 2019
quotequote all
Bodragon said:
cmaguire.

It is described as having a totally seized engine and so I intend to push the thing from where it is (Kennington) to my place (Tulse Hill, Brixton).
Now, I got a twelve month driving ban way back in 2005 and have never bothered to reapply for my licence.
Pushing a moped 4 miles across the rough parts of South London will be bound to attract the attention of police (not to mention be knackering), can't see it going well when pulled over and it transpires you have no licence.

If I were in your shoes I would hire one of those cargo wheelbarrow type things and strap the moped in as then it won't be touching the ground so would be legal or pay one of those gumtree man and vans £20 to move it for you.


mikeyr

3,118 posts

192 months

Tuesday 7th May 2019
quotequote all
I wonder if the OP ever made it? he must be at least 2 miles in by now... biggrin

A1VDY

3,575 posts

126 months

Wednesday 8th May 2019
quotequote all
mikeyr said:
I wonder if the OP ever made it? he must be at least 2 miles in by now... biggrin
Stroke or heart attack at 1.6 miles apparently..just as he was ticketed by plod..

peterperkins

3,148 posts

241 months

Friday 10th May 2019
quotequote all
Seen lots of youths in my Policing career pushing various decrepit heaps on the pavement etc to the local bit of rough ground/woods/fields for some off roading....
Did it myself regularly years ago with mates, pushing a Nsu Quickly or knackered 125cc Bsa Bantam about a mile to the old quarry.

On patrol I would and did speak to the yoofs to ascertain if it's stolen, are they reasonable, do they pass the attitude test?
It's called community Policing and a few friendly words about what is expected etc etc built bridges.

Depending on the circs advice about being discrete, don't annoy anyone etc etc and perhaps a word to the parents if needed.
Helping them fix the stuck throttle cable or giving some basic bike tips also helped a lot.

Jumping on them for 1000 feet and giving the <16 year olds points, fines etc for technically committing a plethora of offences when they had no intention to ride the thing on the road is completely counter productive.


ed_crouch

1,169 posts

241 months

Thursday 24th June 2021
quotequote all
Peter Perkins,

I'm glad there are people around like you - you sound like a very decent fella and a decent Policeman. The sad bit is that I think all the folk who think like you are retired, replaced by the human drones who can recite every single piece of law but can't think for themselves, or at least have a power-trip to maintain by crapping on others.

Anyway, good on you!
Ed.


peterperkins said:
Seen lots of youths in my Policing career pushing various decrepit heaps on the pavement etc to the local bit of rough ground/woods/fields for some off roading....
Did it myself regularly years ago with mates, pushing a Nsu Quickly or knackered 125cc Bsa Bantam about a mile to the old quarry.

On patrol I would and did speak to the yoofs to ascertain if it's stolen, are they reasonable, do they pass the attitude test?
It's called community Policing and a few friendly words about what is expected etc etc built bridges.

Depending on the circs advice about being discrete, don't annoy anyone etc etc and perhaps a word to the parents if needed.
Helping them fix the stuck throttle cable or giving some basic bike tips also helped a lot.

Jumping on them for 1000 feet and giving the <16 year olds points, fines etc for technically committing a plethora of offences when they had no intention to ride the thing on the road is completely counter productive.

carinaman

21,224 posts

171 months

Thursday 24th June 2021
quotequote all
peterperkins said:
Seen lots of youths in my Policing career pushing various decrepit heaps on the pavement etc to the local bit of rough ground/woods/fields for some off roading....
Did it myself regularly years ago with mates, pushing a Nsu Quickly or knackered 125cc Bsa Bantam about a mile to the old quarry.

On patrol I would and did speak to the yoofs to ascertain if it's stolen, are they reasonable, do they pass the attitude test?
It's called community Policing and a few friendly words about what is expected etc etc built bridges.

Depending on the circs advice about being discrete, don't annoy anyone etc etc and perhaps a word to the parents if needed.
Helping them fix the stuck throttle cable or giving some basic bike tips also helped a lot.

Jumping on them for 1000 feet and giving the <16 year olds points, fines etc for technically committing a plethora of offences when they had no intention to ride the thing on the road is completely counter productive.
Would it have made a difference if they had a helmet or not?

Bigends

5,412 posts

127 months

Friday 25th June 2021
quotequote all
ed_crouch said:
Peter Perkins,

I'm glad there are people around like you - you sound like a very decent fella and a decent Policeman. The sad bit is that I think all the folk who think like you are retired, replaced by the human drones who can recite every single piece of law but can't think for themselves, or at least have a power-trip to maintain by crapping on others.

Anyway, good on you!
Ed.


peterperkins said:
Seen lots of youths in my Policing career pushing various decrepit heaps on the pavement etc to the local bit of rough ground/woods/fields for some off roading....
Did it myself regularly years ago with mates, pushing a Nsu Quickly or knackered 125cc Bsa Bantam about a mile to the old quarry.

On patrol I would and did speak to the yoofs to ascertain if it's stolen, are they reasonable, do they pass the attitude test?
It's called community Policing and a few friendly words about what is expected etc etc built bridges.

Depending on the circs advice about being discrete, don't annoy anyone etc etc and perhaps a word to the parents if needed.
Helping them fix the stuck throttle cable or giving some basic bike tips also helped a lot.

Jumping on them for 1000 feet and giving the <16 year olds points, fines etc for technically committing a plethora of offences when they had no intention to ride the thing on the road is completely counter productive.
Well said - Agreed, and exactly my way!