Motorcycles, Mopeds, Go-peds and Scooters
Under Environmental Protection Act 1990 the council can take action against unreasonable noise caused by motor vehicles used off-road, particularly when the vehicles are being used with the landowner’s approval and therefore the landowner can be held responsible for the noise. The council cannot take any noise action against traffic noise.
If a motor vehicle is operating on the highway or off road without approval from the landowner, the main control of any noise, alarm, distress or annoyance caused by the use of that vehicle will be by the police.
Section 59, Police Reform Act 2002
Under section 59, police constables in uniform, that have reason to believe that a motor vehicle is being used in a manner that causes or is likely to cause alarm, distress or annoyance to members of the public, under Section 3 of the Road Traffic Act 1988 (Careless and inconsiderate driving), or Section 34 of the Road Traffic Act 1988 (Driving on land other than a road), have the power to do the following:
- The power to seize and remove the motor vehicle
- The power, if the motor vehicle is moving, to order the person driving it to stop the vehicle
- The power to enter a premises to gain access to motor vehicle, on reasonable grounds that the motor vehicle is believed to have been involved in a manner that causes alarm, distress or annoyance.
Where necessary, reasonable force may be exercised in the use of these powers.
Conditions for Seizure
A constable shall not seize a motor vehicle unless a first warning has been issued, unless a constable has proof that use of motor vehicle has continued or been repeated after the warning has been issued.
There is no requirement to issue a warning where:
- The circumstances make it impractical for him to give the warning
- The constable has already given a warning for the use of that motor vehicle or any other, by that person or any other
- The constable has reason to believe that a warning has been given by someone else
- The constable has reason to believe that the person using the motor vehicle, is a person who has already received a warning under the same subsection (in respect of the same vehicle or the same or similar use) on a previous occasion in the previous 12 months
As soon as possible after a vehicle has been seized, a seizure notice must be served on the person who is or appears to be the owner of the vehicle, unless the vehicle has been released from their custody.
Form of Notice
The notice must contain the following information:
- The place where the vehicle was seized
- The place that it is now being kept
- That the person who the notice is directed at, is required to claim the vehicle from the authority, on or before the date specified in the notice
- This date must not be less than 21 days from the day the notice is given
- That unless the vehicle is claimed on or before that date, the authority will dispose of it
- That, subject to the exceptions below, charges are payable to the owner of the vehicle for removal and retention of the vehicle and that vehicle may be retained until charges are paid
Method of Delivery of the Notice
- by delivering it to the person that it is directed at
- by leaving it at the person's usual or last known address
- by sending it by Registered post service, addressed to the person at the usual or last known address
- in the case of Corporate Bodies, by delivering it to the secretary or clerk at the Registered or Principal office
- Failure to stop for police under Section 59 - Maximum fine £1,000 on conviction
- Removal of Vehicle - £105
- £12 everyday after for each period of 24 hours that the vehicle is held