Legality of of pushing broken bike?

Legality of of pushing broken bike?

Author
Discussion

cmaguire

3,589 posts

110 months

Thursday 29th December 2016
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SystemParanoia said:
no you wont laugh
I know what you are doing.

Having said, what with this being the internet, I suppose I could tell everyone I had done when I hadn't.



SystemParanoia

14,343 posts

199 months

Thursday 29th December 2016
quotequote all
cmaguire said:
SystemParanoia said:
no you wont laugh
I know what you are doing.

Having said, what with this being the internet, I suppose I could tell everyone I had done when I hadn't.
[COUGH] youtube [/COUGH]

4rephill

5,041 posts

179 months

Thursday 29th December 2016
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cmaguire said:
......I have a 750. I might do a mile practice run out of interest....
So if someone were to steal your 750 and be pushing it along the road, I take it you would be perfectly happy to find out that the individual who stole it pushed it past a Police Officer at the time, and the Officer didn't make any inquiries at all as to whether the bike belonged to them and as to why they were pushing it?

I suspect the reality is, you'd be straight onto PH to complain about how the Police did nothing to stop some thieving scum from stealing your bike!



If the Police did actually stop them and arrest them though, I take it you'd try to ensure that they didn't attempt to add additional charges such as using a motor vehicle without insurance as well?

Again, I suspect the reality is, you'd want every charge possible throwing at the thief for stealing your bike!




530dTPhil

1,377 posts

219 months

Thursday 29th December 2016
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Timfy said:
Yes the bike is the intruder, dry weight is about 186 so 200 is probably a good guess. smile

I'd give it a shot at pushing it, but thinking there has to be a better way. Hopefully it'll be getting moved by trailer but in the worst case I'd give it a go. Pushed it just over 1.5 miles home when it let me down once before and that was no sweat. An hour might be ambitious as the same journey was 45 minutes at a fairly relaxed walk. smile

It's the risk of getting shafted for no tax/mot/insurance that's of most concern. Especially as it'll be pushed straight past the police depot at Almondsbury I'm just unsure of how strict the police would be likely to be about it. Years ago it wouldn't even have been a question because I'd have already done it by now. biglaugh
North Bristol then. Specifically from where to where? I am in the area and might be able to help.

limpsfield

5,893 posts

254 months

Thursday 29th December 2016
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cmaguire said:
Perhaps I should try it as a sponsorship thing for charity.
Where does this guy live?
If it's where that Hovis advert was filmed I'm not interested.
I laughed!

Wacky Racer

38,209 posts

248 months

Thursday 29th December 2016
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Back in 1967 when I was at school I bought a Triumph 350 "Bathtub" for £12 for "field work" and pushed it eight miles along the pavement from Manchester city centre to Stalybridge one night with a couple of mates....(the tyres were nearly flat)...when I got back to our estate there was a very steep hill up to my parent's house from the main road. so I took a chance and started it. It fired on one cylinder and chugged up the hill on the estate at 5mph leaving a trail of thick black smoke it it's wake....hehe

Then, around the corner came a Ford Anglia police car with two coppers in it.....yikes

They gave me a very stern lecture, under age, no insurance, etc and told me to get home fast...they hadn't seen me.

cmaguire

3,589 posts

110 months

Thursday 29th December 2016
quotequote all
4rephill said:
So if someone were to steal your 750 and be pushing it along the road, I take it you would be perfectly happy to find out that the individual who stole it pushed it past a Police Officer at the time, and the Officer didn't make any inquiries at all as to whether the bike belonged to them and as to why they were pushing it?

I suspect the reality is, you'd be straight onto PH to complain about how the Police did nothing to stop some thieving scum from stealing your bike!



If the Police did actually stop them and arrest them though, I take it you'd try to ensure that they didn't attempt to add additional charges such as using a motor vehicle without insurance as well?

Again, I suspect the reality is, you'd want every charge possible throwing at the thief for stealing your bike!
I think I covered that one.
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).

4rephill

5,041 posts

179 months

Thursday 29th December 2016
quotequote all
cmaguire said:
I think I covered that one.
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).
You've missed My point completely! rolleyes

You've implied that you doubt the Police would even bother to stop the OP pushing the bike along street, and have indicated that you would be annoyed if it were you pushing it along the street and got stopped.

My point is, if someone had stolen your bike, you would expect them to be stopped and questioned if seen by the Police, and would be pi$$ed off if the Police turned a blind eye to it and simply let the the thief walk past without stopping them.



As for the bike in question not being stolen, based on the applicable legislation, like it or not, an offence is still being committed as the OP would have failed to comply with the legislation, so the Police would be fully entitled to charge the OP with the offence. It might not be hurting anyone, but it is still an offence.

(If someone drives on the road without tax/MOT and insurance, should they not be stopped and charged with any offences if they're not hurting anyone? How about someone declaring their car to be SORNED and then still driving it on the road? - They're not hurting anyone after all! What about driving on a suspended licence?, or how about a shoplifter stealing from shops? - Should they not be charged with an offence?, after all they're not hurting anyone!)

So who is in the right?, and who is in the wrong? - The Police Officer applying the Law and Legislation required to be adhered to, or the person failing to comply with the Law and legislation?

Just because a Police Officer works to the letter of the Law doesn't make them: "a small-minded wker of the Nth degree", it just makes them someone that is doing their job correctly. The fact that you personally don't like it, doesn't make it wrong!

If the OP decides to ignore the Laws and Legislation that apply to pushing a motorbike along the road, gets stopped by a Police Officer and is charged with the offences being committed, who is in the right?, and who is in the wrong?: The OP or the Police Officer? (I'll give you a clue as you seem to need it!: The one in the wrong has started a thread about it on Pistonheads!).

Would it be the crime of the Century? - No, it wouldn't be, but it would still be an offence, and if they get charged with the offence, whether you like the legislation or not, they'd only have themselves to blame, not the: "small-minded wker of the Nth degree" Police Officer!









anonymous-user

55 months

Thursday 29th December 2016
quotequote all
4rephill said:
As for the bike in question not being stolen, based on the applicable legislation, like it or not, an offence is still being committed as the OP would have failed to comply with the legislation, so the Police would be fully entitled to charge the OP with the offence. It might not be hurting anyone, but it is still an offence.

(If someone drives on the road without tax/MOT and insurance, should they not be stopped and charged with any offences if they're not hurting anyone? How about someone declaring their car to be SORNED and then still driving it on the road? - They're not hurting anyone after all! What about driving on a suspended licence?, or how about a shoplifter stealing from shops? - Should they not be charged with an offence?, after all they're not hurting anyone!)

So who is in the right?, and who is in the wrong? - The Police Officer applying the Law and Legislation required to be adhered to, or the person failing to comply with the Law and legislation?

Just because a Police Officer works to the letter of the Law doesn't make them: "a small-minded wker of the Nth degree", it just makes them someone that is doing their job correctly. The fact that you personally don't like it, doesn't make it wrong!

If the OP decides to ignore the Laws and Legislation that apply to pushing a motorbike along the road, gets stopped by a Police Officer and is charged with the offences being committed, who is in the right?, and who is in the wrong?: The OP or the Police Officer? (I'll give you a clue as you seem to need it!: The one in the wrong has started a thread about it on Pistonheads!).

Would it be the crime of the Century? - No, it wouldn't be, but it would still be an offence, and if they get charged with the offence, whether you like the legislation or not, they'd only have themselves to blame, not the: "small-minded wker of the Nth degree" Police Officer!
Hope you're smiling when you was typing the above because you can't be serious.

Slidingpillar

761 posts

137 months

Thursday 29th December 2016
quotequote all
All I can say is my mate and I pushed his BSA 175 Bantam about three miles home from school after a circlip on the gudgeon pin cam loose and the thing seized.

Took about an hour.


cmaguire

3,589 posts

110 months

Thursday 29th December 2016
quotequote all
Raygun said:
Hope you're smiling when you was typing the above because you can't be serious.
And I did say if the OP was stopped to check he hadn't stolen it that was absolutely fine as well.
I'm not sure it's me who's missing the point.

anonymous-user

55 months

Thursday 29th December 2016
quotequote all
cmaguire said:
And I did say if the OP was stopped to check he hadn't stolen it that was absolutely fine as well.
I'm not sure it's me who's missing the point.
He's gotta be winding us up, he's laughing his head off when he's typing it.

TallPaul

1,517 posts

259 months

Thursday 29th December 2016
quotequote all
When I was 17 I pushed my (very light) RD80LC 5 miles home and it took me ages, I'd guess at more than 3hours. Reletively recently, in my 40's I pushed a broken FZR1000 over 3 miles and that must have taken at least 2 hours. I'd do everything I could not to push a bike any sort of distance again, whilst the weight is a factor, the angle you're leaning & pushing at is what really hurts!
I've no idea on the legalities but would assume as has been said, it needs to be taxed, MOT'd & insured.

cmaguire

3,589 posts

110 months

Thursday 29th December 2016
quotequote all
TallPaul said:
When I was 17 I pushed my (very light) RD80LC 5 miles home and it took me ages, I'd guess at more than 3hours. Reletively recently, in my 40's I pushed a broken FZR1000 over 3 miles and that must have taken at least 2 hours. I'd do everything I could not to push a bike any sort of distance again, whilst the weight is a factor, the angle you're leaning & pushing at is what really hurts!
I've no idea on the legalities but would assume as has been said, it needs to be taxed, MOT'd & insured.
It's a lot easier pushing a bike when you're not wearing your biking gear though. The helmet is a major pain in the butt ( said the nun to the Bishop).
And not ale'd up, although I'm not suggesting you were.

AntiLagGC8

1,724 posts

113 months

Thursday 29th December 2016
quotequote all
I've pushed my GSX-R 600 about 1.5 miles some of which was up a slight incline. I'm in reasonable shape and it was manageable although I do enjoy physical exercise so I quite enjoyed the challenge.

It's possible but I wouldn't risk any legal fall out especially if money is tight unless it's pre booked in for an MOT. I also thought you were allowed to move a vehicle if it was getting repairs prior to an MOT?




Derek Smith

45,755 posts

249 months

Thursday 29th December 2016
quotequote all
One thing the OP should be aware of once he pushes said motorcycle from the private land:

It is a mechanically propelled vehicle,

You are in charge of steering, braking and propulsion,

It is on a road,

It requires all the stuff that a bike being ridden on a road does, with the possible exception of petrol,

The fact that it won't start is not relevant,

A police officer will pick up on something out of the ordinary, that's what they do, and seeing someone pushing a motorcycle (on the footway as well!) they will feel inclined to stop you,

The suggestions are that you do it after dark - this despite the requirement for vehicles to be lit,

Having all your documents with you is also not ordinary and will ring alarm bells.

Much has been made of police discretion in such matters. If a mate brings his van round to the house and you push the unlit motorcycle across the footway and into the carriageway you will have committed a number of offences if it is not insured, taxed etc. However, in such cases most - but by no means all - police officers will use their discretion and not report.

The idea that an uninsured motorcycle being pushed on the footway for 3.7 miles will not attract the ire of a police officer seems a stretch of the imagination. There is, I would think, every possibility of you being reported. The one thing you have going for you is that there are hardly any patrolling officers nowadays.


Rubber-Ducky

284 posts

206 months

Thursday 29th December 2016
quotequote all
If you think it will be ready for its MOT by the end of the weekend then you'll be needing insurance in the next few days anyway, so why not start the policy now and then you're covered for both the 3.7 mile push, and if it gets nicked in the meantime? If the repairs turn out to be a bigger job than you'd anticipated then you can usually cancel insurance within the first couple of weeks for a small admin fee.

Pre-book an MOT near your home address for later in the day and you're covered for no tax or MOT.

Sorted.

P.S. Good luck!

catso

14,794 posts

268 months

Thursday 29th December 2016
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WinstonWolf said:
I pushed an 888 about that distance once, your back will give out from pushing while being twisted yes
My 916 broke down about a mile from home, I pushed it the first 1/4 mile or so (to be fair it was uphill) and thought I was about to have a heart attack so I called my Son to run down the road and help me - good luck with pushing 3.7 miles...

TheInternet

4,726 posts

164 months

Thursday 29th December 2016
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cmaguire

3,589 posts

110 months

Thursday 29th December 2016
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catso said:
My 916 broke down about a mile from home, I pushed it the first 1/4 mile or so (to be fair it was uphill) and thought I was about to have a heart attack so I called my Son to run down the road and help me - good luck with pushing 3.7 miles...
The gradient does make all the difference. If it was downhill you could sit on it and freewheel the whole way.
You would likely risk a prison sentence for that unfortunately.