Gaining access to private property

Gaining access to private property

A police officer came to my house as a neighbour had complained that I was riding my bike on the pavement to get access to my home where I park my bike in my garden. Before I respond, am I actually doing anything wrong?

Robert Clarke, Hull

The law is clear. Section 34 of the Road Traffic Act 1988 forbids riding over land which is not a highway. This is what gets you nicked if you ride across Dartmoor, a village green or a public park. It also applies to pavements, beaches and all the other places people do not customarily drive. However, there is an exception which is limited to 15 of yards travel if you are travelling to park. Therefore unless your ride across the pavement covers more than 15 yards you are in the clear.

Strangely enough parking your bike on the highway, which is apparently what your neighbour wants you to do, is technically the offence of obstructing the highway. While a technical offence it is never enforced, but if your troublesome neighbour objects you could make your relationship even worse by pointing out that parking on the highway is an offence, where as your conduct is not.

In conclusion unless you are using your bike in an antisocial way, distressing or harassing your neighbours and your ‘off-roading’ is less than 15 yards and for the purposes of parking off the road you are absolutely NOT committing an offence. Neither are any other motorcyclists or motorists who, for the purpose of access to your land, even without your permission, committing an offence if they ride on the pavement with the intention of parking on private land.

As you are not committing an offence it does not really bother you that this is an non-endorsable offence, but before any riders get over excited about a non-endorsable offence meaning that they can ride over moorland, common land or generally off-road, these do have other significant powers to seize motor cycles which are used on ‘unofficial’ offroad areas.

The powers that the police have are quite limited, and some forces put out information which indicates that they can seize and crush motorcycles being used on common land. This is only true if the motorcycle cannot be proven to be insured. Therefore if you are riding a non-street legal motocross bike on common land, your bike certainly can be seized, because you are using it in an area to which the public have access, while not insured. If you do not have a full motorcycle licence, you are committing further offences.

If you have a street legal bike, you will have a number plate and the number plate will be traced back to you. There is a presumption in English Law that the registered keeper of a vehicle is the user of the vehicle, a presumption you can rebut, but the burden is on you to show that it was somebody else riding the bike.

However, if the police give you the appropriate statutory warning notices, a repeated incident can result in your bike being seized and crushed. The enforcement rules on off-piste riding are a complete jumble. Very few police officers understand them. This officer who is coming round to have a word with you I suspect is having a neighbourly chat with you to see if there is anything you can do to stop your neighbour whining but, if I were you, I would continue doing exactly what you are doing and you are absolutely not committing an offence.

Andrew Dalton

Adventure Bike Rider

August 2016

Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:21 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.

Comments

  1. Hi Andrew,
    I’ve read the Section 34 of the Road Traffic Regulation Act 1984, but I can’t see where it says it’s ok to ride on the pavement for up to 15 yards, if you’re travelling to park… Do you know where it says that exactly? I’d like to be prepared to quote the exact law in case I’m stopped by the police.
    Thanks,
    Adam

  2. Andrew DaltonOctober 15, 2018

    Here is the relevant law – and there are also has other exemptions such as emergency access, or using a former byway to gain access. However, I would suggest carrying around statutory exemptions to little used pieces of law might be a bit extreme. The chap who asked me in ABR had a neighbour who was hassling him. Apparently this piece set off a little forum flaming on another forum so I am happy to provide the dry law of the relevant statute. Too many people mistake a Google search for a law degree and a professional qualification as opposed to you, who politely ask the author of the piece!

    Prohibition of driving mechanically propelled vehicles elsewhere than on roads. (Eng & Wales)
    .

    (1)

    Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
    .

    (a)

    on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
    .

    (b)

    on any road being a footpath, bridleway or restricted byway,
    .
    he is guilty of an offence.

    (2)

    For the purposes of subsection (1)(b) above, a way shown in a definitive map and statement as a footpath, bridleway or restricted byway is, without prejudice to section 56(1) of the M1Wildlife and Countryside Act 1981, to be taken to be a way of the kind shown, unless F2. . . the contrary is proved.
    .

    [F3(2A)

    It is not an offence under this section for a person with an interest in land, or a visitor to any land, to drive a mechanically propelled vehicle on a road if, immediately before the commencement of section 47(2) of the Countryside and Rights of Way Act 2000, the road was—
    .

    (a)

    shown in a definitive map and statement as a road used as a public path, and
    .

    (b)

    in use for obtaining access to the land by the driving of mechanically propelled vehicles by a person with an interest in the land or by visitors to the land.]
    .

    (3)

    It is not an offence under this section to drive a mechanically propelled vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.
    .

    (4)

    A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

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