Off Road - The most commonly used laws and powers
Click on the links below for more information:
Section 59 Police Reform Act 2002
ASB connected with motor vehicles/mechanically-propelled vehicles along with associated warnings and seizure.
Section 3 Road Traffic Act 1988
Driving/riding without due care.
Section 34 Road Traffic Act 1988
Driving/riding elsewhere than on roads. Such as private or common land
Section 87 Road Traffic Act 1988
The requirement to have a driving licence
Section 143 Road Traffic Act 1988
The requirement to be covered by insurance on roads or public places.
Section 165A Road Traffic Act 1988
The ability of the police to seize vehicles which are believed to be being driven either without the right driving licence and/or without insurance cover.
Section 35 Offences Against the Person Act 1861
Driving causing harm to a person.
Section 59 Police Reform Act 2002
https://www.legislation.gov.uk/ukpga/2002/30/section/59
This covers the anti-social use of motor vehicles. The definition of motor vehicle in this Act covers mechanically-propelled vehicles, i.e. those vehicles which are powered in order to move them but which are not necessarily designed or adapted for use on roads. If someone drives or rides such a vehicle in an anti-social manner, they can be 'warned' and issued with a suitable notice.
‘Anti-social behaviour’ is defined as that which:
…is causing, or is likely to cause, alarm, distress or annoyance to members of the public (s.59(1)(b), Police Reform Act 2002)
In the event that a constable in uniform has reasonable grounds for believing that a motor vehicle has been driven in a careless and inconsiderate or anti-social manner, the constable can order the person driving the vehicle to stop and the vehicle may be seized.
The seizure and removal of the vehicle can ONLY take place if the previous warning was NO MORE than 12 months ago. If more than 12 months have elapsed, the warning will re-set the clock. If the second warning is issued WITHIN 12 MONTHS of the first warning, then the clock starts afresh from the time of the second warning, i.e. there is a rolling 12 month period from each warning. The power to seize a vehicle applies with reference to the vehicle being driven/ridden AND/OR the person of the driver/rider. Therefore, if the vehicle is ridden or driven in an anti-social manner BY A DIFFERENT person, then the vehicle can be seized. If a different vehicle is being ridden or driven by a person who was previously warned, then that vehicle can be seized as the person involved is being anti-social for a second time.
PROSECUTING A RIDER/DRIVER WHO HAS BEEN ANTI-SOCIAL FOR A SECOND TIME WITHIN 12 MONTHS FROM THE FIRST WARNING.
In a straightforward situation, the driver/rider should be prosecuted for offences committed which give rise to the officer considering issuing the second 'warning'. The seizure of the/your vehicle will result in cost being incurred by owner/you the driver/rider should you the owner wish to recover your the vehicle from the garage. On the other hand, however, if you the owner or registered keeper does not collect your the vehicle from the garage, you may not incur a financial penalty, particularly if your seized vehicle holds little monetary value the vehicle will be disposed of and only the proceeds raised from the disposal that exist after storage and other fees are paid will be made available to the owner. The officer should not just seizure your vehicle as a 'lazy' prosecution.
If your vehicle is seized, you should expect to be reported for summons.
If you, the driver/rider, are suspected of having committed an offence of driving/riding without due care AND/OR driving/riding on land other than a road, you should will be investigated for those offences. This may necessitate you being interviewed under caution at a later date and the matter being sent through as a traffic prosecution file for consideration by the Police Summary Law Clerks. On occasion, it may be necessary to arrest you at the scene as, for example, the officer may not be able to verify your name and address.
Section 3 Road Traffic Act 1988
https://www.legislation.gov.uk/ukpga/1988/52/section/3
This concerns mechanically propelled vehicles being driven/ridden on roads OR PUBLIC PLACES without due care and attention, or without reasonable consideration for other persons using the road or place.
A vehicle is driven contrary to the above if the standard of driving/riding falls below that of a competent and careful driver/rider and it would be obvious to a competent and careful driver/rider that the standard of driving/riding falls below that standard.
Note that the alternative of driving/riding without consideration actually requires there to have been someone else who was not considered.
ALL MOTOR VEHICLES ARE MECHANICALLY-PROPELLED VEHICLES (MPV) BUT NOT ALL MPVs ARE MOTOR VEHICLES.
It is one of the offences which engages Section 59 of the Police Reform Act 2002.
This offence will NOT apply in many off-road situations as, obviously, there is no public road OR the land the vehicle is being used on IS NOT a public place. The driver/rider may not have permission to be on the private land BUT that does not change the fact that the land is private. If a police officer sees a vehicle being driven/ridden on a road then matters are straightforward.
Section 34 Road Traffic Act 1988
https://www.legislation.gov.uk/ukpga/1988/52/section/34
This concerns MPVs being driven or ridden on any footpath, bridleway or restricted byway, common land, moor land or land (without permission of the owner) NOT BEING LAND FORMING PART OF A ROAD.
You can drive/ride on land within 14 metres (45 feet) of a road IF YOU ARE GOING TO PARK YOUR VEHICLE. You actually have to park, not just say that's what you are going to do!
It is one of the offences which engages Section 59 of the Police Reform Act 2002.
This will be the offence most often used in off-road situations.
Section 87 Road Traffic Act 1988
https://www.legislation.gov.uk/ukpga/1988/52/section/87
This concerns drivers/riders of motor vehicles on roads driving in accordance with a driving licence. This section makes clear that it is an offence for a person to drive/ride on a road a motor vehicle if that person does not have a driving licence authorising him/her to drive/ride that vehicle on the road.
Section 143 Road Traffic Act 1988
https://www.legislation.gov.uk/ukpga/1988/52/section/143
This concerns drivers/riders of motor vehicles on roads or in public places having insurance.
The test as to whether a mechanically propelled vehicle is intended or adapted for use on roads is an objective one i.e. would a reasonable person looking at the vehicle say that its general use could include potential road use? If they do say so, then the MPV is a motor vehicle.
If you are using a motorised scooter (i.e. transport like an e-scooter) that is NOT assisted but is powered, you require a driving licence for that type of vehicle (if on a road) and you also require insurance if you are on a road or public place. Note the requirement for a driving licence may not apply if you are using a local authority approved e-scooter. If you are correctly riding a local authority approved e-scooter then you should be covered by an insurance policy when you ride the approved machine which will be given to you as part of the agreement to ride. It is the responsibility of the user of the e-scooter to ensure that an insurance policy is in place, where required.
If you are driving or riding an MPV on private land you do not require a driving licence or insurance as you are not on a road or public place. However, if you are on private land without permission of the landowner you will commit the offence under Section 34.
Section 165A Road Traffic Act 1988
https://www.legislation.gov.uk/ukpga/1988/52/section/165A
This concerns the ability of the police to seize and remove motor vehicles being driven/ridden without insurance or without a valid driving licence for that type of vehicle.
It applies if A CONSTABLE IN UNIFORM has reasonable grounds for believing that any of the following conditions are satisfied (note that although more than one condition may be satisfied, only one condition is required in order to give rise to the consideration of seizing the vehicle) -
Condition (1) Applies where a constable in uniform requires a person to produce his licence for examination, he fails to produce it and the constable has reasonable grounds to believe that a MOTOR VEHICLE either is OR WAS being driven by the person in contravention of Section 87 (see above).
Condition (2) The constable requires a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Section 143 (see above), the person fails to produce such evidence (i.e. proof they have/had insurance, and the constable has reasonable grounds for believing that the vehicle is or was being so driven (i.e. without insurance).
Condition (3) A constable in uniform requires a person driving/riding a motor vehicle to stop the vehicle, the person fails to stop the vehicle, OR TO STOP THE VEHICLE FOR LONG ENOUGH, for the constable to make such lawful enquiries as he/she considers appropriate AND the constable has reasonable grounds for BELIEVING that the vehicle is or was being driven in contravention of Section 87 (driving licence) or Section 143 (insurance).
If any of the above situations occur, the constable MAY (not must) -
Seize the vehicle and remove it; enter any premises (other than a private dwelling house) on which he/she has reasonable grounds for believing the vehicle to be; USE REASONABLE FORCE (if necessary) to enter the premises and seize and remove the vehicle.
BEFORE THE VEHICLE IS SEIZED, the constable MUST warn the person by whom it appears that the vehicle is or was being driven/ridden in contravention of Sections 87 or 143 that he/she will seize it -
If the person does not produce his/her licence immediately; does not provide evidence that the vehicle is not or was not being driven in contravention of Section 143 (insurance).
A warning is not required if circumstances make it impracticable for the officer to do so.
IF THE VEHICLE FAILS TO STOP (OR DRIVES OFF BEFORE BEING RELEASED AFTER ENQUIRIES ARE COMPLETE) –
The officer MAY seize it at any time within the period of 24 hours beginning with the time at which the vehicle failed to stop OR was driven/ridden off.
PRIVATE DWELLING HOUSES – The officer can enter any garage or other structure occupied with the dwelling house OR any land belonging to the dwelling house. NOT THE HOUSE ITSELF.
In cases where consideration is given to a seizure due to vehicle having been suspected of being driven without at least third party insurance, it must be remembered that the constable considering the seizure should undertake enquiries to verify that the vehicle is insured, particularly in instances where the driver of the vehicle claims that the vehicle is insured. It would be unreasonable if a driver was not provided with an opportunity to demonstrate that the vehicle is unsured in order for the seizure to be based upon ‘reasonable grounds.
If reasonable checks are undertaken by the constable and the driver fails to provide proof of insurance, it is irrelevant that the driver may, at a future date, prove that in fact the vehicle was insured. S.165A only requires the constable to have reasonable grounds to believe that the vehicle was uninsured, not that it was uninsured.
Once the officer has issued the paperwork and the vehicle has been recovered, it is the responsibility of you the driver/rider or its owner to recover your or their vehicle from the garage by following the instructions on your or their forms.
It is the officer decision to issue a TOR at the scene or report for summons or arrest or interview at a later date, depending on the circumstances at the time.
As set out above, failure to collect the vehicle will result in the disposal of the vehicle.
Section 35 Offences Against the Person Act 1861
https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/35
If you have been driving or riding in particular on private land (with permission or otherwise) is you could be prosecuted for this offence if someone is injured.
The offence concerns… anyone having charge of any carriage or vehicle shall, by wanton or furious driving or racing or other wilful misconduct or neglect, does or causes to be done any bodily harm to any person whatsoever, they shall be guilty of an offence.
THIS IS AN INDICTABLE ONLY OFFENCE (EXCEPT IF YOU ARE A YOUTH) AND IS PUNISHABLE BY UP TO 2 YEARS IN PRISON. INDICTABLE ONLY MEANS THE MATTER WILL BE HEARD IN THE CROWN COURT.
If an MPV is used, the offence carries 3 to 9 penalty points AND YOU the driver/rider may be disqualified if the Judge sees fit.