Quad bikes, child passenger, public areas

BrunoBabe

I live in an area where we have a restricted byway leading to a country park. 

The RB and CP are frequently used by pedestrians, dog walkers and horse riders. 

In the last few weeks, an individual has taken to racing around all the paths on the CP and the RB on a quad bike with a child of around 3 or 4 sitting on his lap. To be fair, the child does have a crash helmet on but he is not secured in anyway. The driver makes no attempt to slow down when he encounters pedestrians and is extremely abusive and threatening when challenged. The last time we had an issue, he challenged my son (in his 20s) to a fist fight. We both walked away but he headed us off and continued intimidating and prolonging  the confrontation. I managed to talk him down but reported him to the police when we got home. Unfortunately, their response was without a name or address, there is little they can do.

This character has had numerous run ins with locals and continues to disregard the safety of either his child or those using the facilities.

Please may someone clarify what the law is regarding quad bike usage? Many thanks.

tacpot12

If the route is a restricted byway, then use of a motorised vehicle is forbidden by the Countryside and Rights of Way Act 2000.

If the path is within the Country Park and not a restricted byway, then the landowner can set the conditions under which the path can be used, and would be responsible for enforcing their conditions. 

To allow the police to take action, your best option is to get a) evidence that they are riding the machine on a restricted byway (i.e. dates/times/photos), and b) their name and address.  The easiest way to get their address will be to have someone on a trials bike follow them home. Unfortunately this will probably require the motorcyclist to break the same law you are seeking to prosecute the quadbiker under! It is also likely that the quadbiker is a tenant and thus is will be difficult to establish their name. The easiest way would probably be to ask a neighbour.

You can also mount a private prosecution if the police will not take action but you will need all the above plus some legal advice.  

MinuteNoodles

Yet with no name or address our local police managed to come out and get it sorted very quickly especially when they heard there was a 5-6 year old girl sitting on the bike too.

Basically they're a vehicle, they're covered by the road traffic act. If it is classed as the highway for the purposes of the RTA, which doesn't just mean roads but also things like Tesco car parks, it has to have a number plate, insurance, MOT, the driver have a licence and comply with everything you'd expect of a motor vehicle.

Scrapit

don't worry about it and get out of the way. Or have the fist fight that is offered. Old Bill will not be interested.

williamgriffin

Sounds like a job for Ronnie Pickering. 

BrunoBabe

williamgriffin said:

Sounds like a job for Ronnie Pickering. 

Haha! Do you know, that might not be a bad idea. This character doesn’t strike me as the sharpest knife in the drawer, so next time I meet him, I may well say, “Do you know who I am?!”

AdrianC

BrunoBabe said:

Please may someone clarify what the law is regarding quad bike usage? Many thanks.

Is the quad road legal, registered, insured, taxed?

If so, it's just the same as driving your car around the path there... Except he should be wearing a helmet himself, and he shouldn't have a child on his lap.

If not, then there's a whole extra ton of bricks that can be involved the minute he gets it onto the public road. It's an unlicenced, uninsured, unregistered - probably unregisterable - motor vehicle.

But if the police aren't willing to do even the most basic efforts to trace him, then...

JamoLew

AdrianC said:

BrunoBabe said:

Please may someone clarify what the law is regarding quad bike usage? Many thanks.

Is the quad road legal, registered, insured, taxed?

If so, it's just the same as driving your car around the path there... Except he should be wearing a helmet himself, and he shouldn't have a child on his lap.

If not, then there's a whole extra ton of bricks that can be involved the minute he gets it onto the public road. It's an unlicenced, uninsured, unregistered - probably unregisterable - motor vehicle.

But if the police aren't willing to do even the most basic efforts to trace him, then...

Agree with everything except this - pretty sure helmets aren't compulsory (although i wont dispute it would be sensible - but it doesn't sound like he is the sharpest knife in the drawer) on quads except NI

[Deleted User]

JamoLew said:

AdrianC said:

BrunoBabe said:

Please may someone clarify what the law is regarding quad bike usage? Many thanks.

Is the quad road legal, registered, insured, taxed?

If so, it's just the same as driving your car around the path there... Except he should be wearing a helmet himself, and he shouldn't have a child on his lap.

If not, then there's a whole extra ton of bricks that can be involved the minute he gets it onto the public road. It's an unlicenced, uninsured, unregistered - probably unregisterable - motor vehicle.

But if the police aren't willing to do even the most basic efforts to trace him, then...

Agree with everything except this - pretty sure helmets aren't compulsory (although i wont dispute it would be sensible - but it doesn't sound like he is the sharpest knife in the drawer) on quads except NI

Pretty sure he said should be and not has to.

JamoLew

blueskinnedbeast said:

JamoLew said:

AdrianC said:

BrunoBabe said:

Please may someone clarify what the law is regarding quad bike usage? Many thanks.

Is the quad road legal, registered, insured, taxed?

If so, it's just the same as driving your car around the path there... Except he should be wearing a helmet himself, and he shouldn't have a child on his lap.

If not, then there's a whole extra ton of bricks that can be involved the minute he gets it onto the public road. It's an unlicenced, uninsured, unregistered - probably unregisterable - motor vehicle.

But if the police aren't willing to do even the most basic efforts to trace him, then...

Agree with everything except this - pretty sure helmets aren't compulsory (although i wont dispute it would be sensible - but it doesn't sound like he is the sharpest knife in the drawer) on quads except NI

Pretty sure he said should be and not has to.

True - but the context and phrasing was suggesting that the absence of a helmet was actionable (possibly just my interpretation)
Still doesn't negate that it sounds as though the rider is behaving like a ****

Car_54

Isn't the whole point of a restricted byway that it is a right of way for everything except mechanically propelled vehicles?

So the guy shouldn't be there at all, regardless of helmets, number plates, insurance ...