Guidance on Tackling Misuse of Mini-Motos

Following reported increases in the number of complaints being received by the police of the misuse of mini-motos (shin-high motorcycles marketed as toys) the Home Secretary, John Reid, has asked police to target those users of mini-motos who are using them illegally.

In support of this request, the Respect Task Force has produced a step-by-step practical guide intended to help police forces and crime and disorder reduction partnerships effectively to tackle the problem.

The guidance points out that mini-motos are ‘motor vehicles’, as defined by Section 185 of the Road Traffic Act 1988 (RTA 1988), and therefore would need to meet the mandatory European construction requirements to be ridden on roads. Research has shown that the majority of mini-motos are not manufactured in such a way that allows them to meet these requirements, and that in most cases they would need to be modified significantly to do so.

For use on roads, mini-motos would also require:

• Registration with the DVLA.
• Road tax.
• For the driver to have a driving licence that authorises the use of that vehicle, to have appropriate insurance and to be wearing a suitable safety helmet.
• In respect of a mini-moto being ridden on a footpath or pedestrian area, the guidance also points out that, under Section 72 of the Highways Act 1835, it is illegal to ride mini-motos and any other vehicles (including pedal cycles) on the pavement, the only exception to this being invalid carriages which can be ridden on the pavement or the road.

Therefore the only place where the majority of mini-motos can be ridden legally is on privately owned land, where permission from the owner has been given, as long as it doesn’t cause harassment, alarm or distress, or a statutory nuisance.

To deal with problems, the guidance makes several suggestions that police forces and crime and disorder reduction partnerships could undertake, including:

• Undertaking a leaflet campaign in areas with a problem, explaining what will and what will not be tolerated, including locations of any legal sites that exist locally.
• Working with local schools, presenting lessons on the usage of mini-motos and holding anti-social behaviour awareness days.
• Engaging with the local motoring community, who may be keen to work with young people, letting them know how they can get the best out of mini-motos safely and legally.
• Using diversionary activities such as directing young people into mechanical and maintenance courses, to channel their energy into a legitimate activity.
• Running a mini-moto proficiency course to ensure that young people know how to ride them safely and where they can go to do it.
• Arranging local competitions with motoring groups to direct people to legal sites.

The guidance encourages the use of robust enforcement powers against those who are deliberately disregarding the law, in particular the use of powers to seize and dispose of vehicles.

It sets out the legislation that allows seizure in different situations i.e. from unlicensed drivers, from uninsured drivers, and those used in a manner causing alarm, distress or annoyance.

The powers to seize vehicles being driven without a licence or insurance are contained under Section 165A of the RTA1988.

The power to seize a vehicle ridden in contravention of either Section 3 (on roads or public places without due care and attention) or Section 34 (off-road, e.g. footpaths, bridleways, common land etc.) of the RTA 1988 in a manner that causes alarm, distress or annoyance, is contained under Section 59 of the Police Reform Act 2002 (PRA 2002).

Once a vehicle has been seized, it may be disposed of after being retained for the minimum storage period, or returned after the owner has provided the requisite documentation and paid the appropriate fees. Details on seizure, retention and disposal of vehicles can be found in the Road Traffic Act 198