ACPO Motorcycle Enforcement Strategy for England & Wales

Please excuse formating:


Digest August 2007 © - National Policing Improvement Agency 2007

ACPO Motorcycle Enforcement Strategy for England & Wales

The Association of Chief Police Officers (ACPO) has published a
strategy document in relation to the enforcement of traffic
legislation by the police in respect of motorcyclists.<o></o>



It is hoped it will help to:
· Reduce the number of people killed and seriously injured.

· Alleviate animosity between the police and motorcycle
groups, and encourage an environment of co-operation and partnership,
working together to achieve a safer road environment for all.<o></
o>

· Reduce the level of anti-social behaviour associated with a
small irresponsible minority of motorcyclists that disproportionately
affect the quality of life for some communities.<o></o>



In respect of enforcement, it states:<o></o>

· Breaches of Section 2 of the Road Traffic Act 1988
(dangerous riding) should in most cases be dealt with by way of
prosecution, especially in cases where there is a victim. There is a
need to deliver a clear message that behaviour constituting this
offence will not be tolerated and that firm and positive action will
be taken to address it.<o></o>

· Breaches of Section 3 of the Road Traffic Act 1988
(careless riding) - it is recommended that where this offence is
committed, and there is a victim, prosecution should be the preferred
option, with all road users dealt with in the same manner.<o></o>

· The use of Section 59 Police Reform Act 2002 should also be
considered. It should be noted that the primary offence of Section 3
(careless and inconsiderate riding) must have been committed, with the
extra elements of causing or likely to cause alarm, distress or
annoyance to the public, before Section 59 can be implemented. In
victimless cases, alternative pre-court interventions such as 'Rider
Improvement Schemes' should be considered.<o></o>

· Exceeding speed limits - prosecution in compliance with
existing detailed ACPO guidelines and individual force policies.<o></
o>

· Breaches of Section 36 of the Road Traffic Act 1988
(failure to comply with road signs) - consider pre-court
interventions. These offences should not normally be isolated
incidents, but should be accompanied by aggravating factors, for
example excessive speed or prolonged misuse of double white line
markings. In cases where there is a victim and/or the offences have a
higher degree of 'mens rea', prosecution should be the preferred
option.<o></o>

· Registration plates - apply a simple test of legibility,
based upon the standard eyesight test for riders and drivers. If
plates are not easily legible from 20.5 metres, prosecute and inform
DVLA.<o></o>

· Illegal exhausts - In cases with no noise annoyance,
consider the use of the Vehicle Defect Rectification Scheme (VDRS) and
appropriate advice. Where noise annoyance is a factor, prosecution is
recommended, with consideration to be given to the use of Section 59
Police Reform Act 2002 for persistent offenders or excessive noise
nuisance. It is recommended<o></o>

· that all forces use the PNC to record and administer
Section 59 warnings and seizure notices.<o></o>

· Tinted visors - If used during daylight hours, advice only.
If used during the hours of darkness or conditions of reduced
visibility, consider prosecution, using 'Tintman' equipment where
available. Only in cases where there is an obvious danger should
prosecution be considered.<o></o>

· Coloured headlamps - intervention recommended only if the
light cover is red. VDRS is recommended as the primary option. Advice
to be given for colours other than white.<o></o>


The strategy document can be found in full at
http://www.acpo.police.uk/asp/policies/Data/motorcycle_enforcement.doc

 

"If it was dark, sir, you wouldn't be able to see and I'd nick you".

 

In

.... is legal speak for being miffed? If a bike with a legal quiet exhaust
"spooks" a pedestrian are they "alarmed"

 

Copper: How long have you been overtaking on solid whites, sir?

Biker (head down): Mutter, mutter

Copper: Sorry, sir, but I didn't catch that.

Biker (slightly louder): 'Bout 10 years, officer.

Copper: I'm sorry, sir, but that is prolonged misused and you're
going down, you slag.

 

I read this as a veiled suggestion that more ASBOs be employed.

 

I think it was even mentioned on UKRM

 

You weren't the only one - I'm beginning to wonder how long we have
before they start handing out ASBOs to people with pre-1985 bikes and
loud (but legal due to the pre-1985ness of the bike) exhausts.