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Is This Your Bike Sir? - Police Powers - Bike Testing and Inspection
Whether your bike is roadworthy or defective in some way, falls under the Road Traffic Act 1998 together with the Road Vehicles (Construction and Use) Regulations 1986.
The Regulations cover a whole multitude of sins from defective parts to what is a bike or trike.
Incidentally, unravelling the true definition of a trike is like a Chinese puzzle and not an exercise to be taken lightly unless totally sober with an ice bag on your head.
Only authorised constables may test or inspect on the road. And must be in possession of their vehicle testers certificate at the time.
All uniformed constables may test and inspect on premises – subject to conditions.
On road testing (Road Traffic Act 1988 – Section 67)
There are 2 types of authorised examiner - those authorised by a chief constable and those by the Secretary of State. This type of authorised examiner may test on road for:-
Brakes
Noise
Silencers
Smoke
Steering Gear
Tyres
Lights and Reflectors
Fumes/vapour
– provided the use would involve danger of injury to any person.
Broadly speaking you may have a defence if an unauthorised examiner tries to examine your bike for a defect which really needs someone with more knowledge (and is authorised) to diagnose. But that doesn’t mean that you are in the clear where the defect is obvious to anyone, for example:
Your exhaust is hanging off.
Your tyre is split.
Also the requirement in more complex cases for an authorised examiner can be waived by you – so never agree to the officer in question doing that.
Even if the officer is not authorised, he/she may still report it. If you are subsequently prosecuted then it is a question of whether the prosecution has a sufficient weight of evidence – clearly in borderline cases examination by authorised officers will carry much more weight than non-authorised ones.
The test under Section 67 is not just an observational one but is required by an authorised examiner. You may elect to defer the examination to a time and place to be arranged. If (as the rider) you are also the owner you may choose a period of 7 days – within the next 30 days – when the examination may be carried out on premises specified by you.
If you are not the owner of the bike you are riding, you must give the owner’s address and the examiner must make arrangements with the owner. Two days notice within the 7 day period must be given. If no period is specified then there should be 7 days notice.
Off road testing (Regulation 74)
Any constable in uniform or vehicle examiner may inspect:
Brakes
Steering Gear
Silencers
Tyres
- on premises – with the consent of the owner of the premises – but the constable has no power of entry.
To summarise:-
No consent of owner of premises – no test.
No consent of owner of vehicle – no test unless:-
a) within 48 hours of an accident.
b) Notice served – 48 hours personal notice/72 hours recorded notice.
General points
TESTING AND INSPECTION - CANNOT be carried out without the consent of the owner – unless 48 hours personal notice or 72 hours recorded delivery notice has been given – but NB the owner’s consent is not required if the vehicle has been involved in an accident within the last 48 hours.
If an owner/rider is seen driving a defective vehicle but an officer is not in a position to stop that vehicle, the officer cannot pursue the vehicle which is then garaged on home premises and where no consent to inspect is given.
However if it is garaged on garage premises then the vehicle can be examined – either with the consent of the garage proprietor – or after giving the appropriate notice.
Unfit Vehicles (Section 69 Road Traffic Act 1988) – Prohibition Notices
If there is danger of injury to a person then authorised constables and vehicle examiners may issue a Prohibition Notice which is effective until a test has been taken. In those circumstances riding on a road after the prohibition notice is only permitted in limited circumstances – eg to attend a test centre with prior approval.
Handling police “Harassment” (a few tips):-
- Always remain calm, cool, collected and polite (whatever the provocation!)
- Try to remember what was said and done – in the correct sequence.
- As soon as practicable write down exactly as possible the time and date of the incident, what happened and verbatim what was said.
- Do not be free with your tongue. Don’t volunteer anything more than the situation demands.
- Don’t bribe or flash (your eyes) at the officer – unless he does it first.
- Don’t be clever or flippant with law enforcement officers.
- Appear co-operative and helpful – but get away by giving as few actual facts as possible.
- Try not to incriminate others – if you are riding someone else’s bike (hopefully with their consent) and you suspect that you have been stopped because of a defect to the bike or something that could be “pinned” on another, try to avoid (as far as possible) giving away the identity of that person and thereby incriminating them. One word of warning, however, to carry this to unreasonable lengths may result in suspicion arising that you have stolen the bike.
- At the first available opportunity take proper professional advice.
HEALTH WARNING
This information is given in good faith. However, neither Bikers Advice nor its servants or agents can be responsible for any inaccuracies. Every case is different and the law can change. Always obtain professional advice in your particular case.
With many thanks to Phil Shuker Life Member from his website www.bikersadvice.com
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