DONT GET YOUR BIKE CRUSHED BY THE POLICE !

The other day I got a phone call from an ex TRF member from Durham who asked for my advice. I dont normally respond to ex members but his story was so sad I did anyway.

He had heard somewhere that I had done some work for the TRF in Teesdale. Did I know the spectacular lane that went up Teesdale past the huge Cow Green Reserveroir ?

Yes I said I made a Byway claim on it in 2005 but it went in too late and now it must become either a Restricted Byway or Bridleway. So all vehicular rights are extinguished I said. "Well I rode it in October and now I am going to lose my bike" Oops !

"Do the police have the power to confiscate and crush and destroy your trail bike ? He asked. " Because thats what the police are going to do to my Yamaha Serow worth at least £1500 !

I said he should have consulted his Solicitor at once.But he pleaded guilty so its too late. Theres nothing I can do I said and you are not even a TRF member, but I will check and see if they do have this power to crush your bike. I think they do and will pass the information on to current members as a warning. He admitted he had accidently ran into a walker and his dog on the 10ft wide track. The walker was not hurt but the walkers dog was so badly injured it had to be put down. He said it was the dogs fault as it was not on a lead but no one believed him. The track concerned is a public footpath though an ancient lane that should be a Byway !

The police were called and as it was a second offence his bike was confiscated. He is to be prosecuted for driving without due care and attention and his bike is to be destroyed by crushing. No compensation !

I spoke to a friend of mine in Darlington a JP who is chairman of the local bench and asked him if this can be true ? It sounds a bit drastic I said !

This is what he said;

Police Reform Act 2002, Section 59 does give the power by police to confiscate any machine used illegally.

On the 1st offence.

A warning notice is issued on the spot or sent in the post with a prosecution option depending on seriousness of offence. You then automatically go on the Police Computer for 1 year.

2nd offence;

Automatic confiscation of machine which can only be recovered by payment of £105 fee. (varies from force to force). Prosecution is usual.

Now if this second offence is "serious" ie you knock someone down on the path or damage property or if the machine is "used consistently in an inapproriate manner" the police can apply to the Magistrates for an Order to confiscate and crush the vehicle.

If the vehicle is found unsafe and illegal then its even more likely though its usually anti social riding that leads to a crushing time for your pride and joy ! Its called a "forfeitsure and destruction order" but it can only be granted by an application to the court. So these are fairly rare as the police are usually too busy and they do not always prosecute on every second offence.

Only 4 bikes have been crushed in the past 2 years in Darlington ! But 100s have had warnings and confiscation. In County Durham and througout Northumbria there is a big police crack down on illegal riding with posters in many shops,libraries and out in the countryside.

I am glad the mini bike menace is being tackled with these sweeping powers though I wonder how many innocent trail riders get caught ? The face of trail riding has changed forever since May 2006 and ignorance of the law is no excuse. So ride extra carefully and ride EXTRA carefully past walkers and cyclists. Stop for horse riders. Check with your local TRF Rights of Way Officer or Contractor to find out the lawful situation.

Remember the OS map does not show valid claims and the UCR situation is uncertain in some counties. Only Byways carry conclusive vehicular rights which in some counties are in short supply. In North Yorkshire there are a mere 20 miles of Byway. In Wiltshire theres 450 miles ! Oh the joy of being a trail rider in the county of Wiltshire !

Brian Thompson Dec 28