The Law relating to helmets

Its a question, splitting hairs, about helmets and when they are required,

If a motorcycle rider of a 125 sat on his bike and went from a footpath on to the highway, and along the highway for about 100 yards, and crossed to the other side of the highway to a lay-by , would he need to wear a helmet by Law,

if more information regarding the circumstances make a difference, please ask what the circumstances are.

I would like to make it clear that it isn't something I have done, so you wont offend me with your reply.

 

yes. technically shouldn't be on the footpath unless its to get to garden or parking out of the way. at any time, if you are riding on the public highway on a motorcycle regardless of engine size or power capacity the law states you MUST wear a helmet. unless your wearing a turban for genuine religious reasons then at no point should you be riding without a helmet.

 

There seems to be a few good points here,

if it should help clarify postings, I'm talking about a Honda CBF 125


I'm going to split hairs in favour of the rider,

what if,.. the rider said :-

1. he was only sat on the bike pushing it out of a back gate and across a footpath to get to the highway,

2. he did not have the engine running at any time,

3. there was no other traffic around,

4. he is only a learner with L plates up,

5. his wife is a solicitor,

 

1. you shouldn't be sat on the bike and pushing it, as taught on CBT you should push it. this is general practice for most people when getting it in/out of garde onto highway.
2. engine not running theres still a risk, I believe (could be wrong) that you should have your helmet on whenever sat on the bike.
3. doesn't matter, a car could appear from anywhere, its still a risk.
4. hes still learning as are all of us.
5. weather his wife is a solicitor or not, doesn't matter.

at the end of the day, whist you are sat on and in control of a bike irregardless of make, year, model or what your wife does for a living. rules are there for a reason, if he has been prosecuted or given a FPN for an offence, regardless of how he interpret the law/reccomendations, a police office or other enforcement has seen possible danger and clearly acted upon it. regardless of opinions etc rules are rules, laws are laws, at the end of the day sometimes regardless of our wives etc being solicitors etc we have to kiss the laws arse.

 

I would guess it would all come down to technicalities - the law says you must a wear helmet when riding a motorcycle on the highway

This then gives the question was the person riding it, or were they pushing it. Was the road part of a path or actually the highway?

As it's a fairly minor offence (£30 and no points last time I looked) I don't see the point of arguing it in a court - 'cos if the case is lost you are getting costs well in excess of £30. Usually would be an on the spot fine or magistrates court.

Assuming it ended up with the magistrate (due to non-payment etc) they will probably go with the Police.

It could easily be argued that he was riding and quickly switched it off and put the keys in his pocket as he was approached, how can they tell that he didn't do that? How could they tell he wasn't trying to bump start it on the road without a helmet on? That would be an offence as clearly the intention is to start it and then ride it.

Seems like mountains out of molehills - easier to cough up the £30

 

Lets say,....... he was sat on it, with the engine switched off, pushing it across a foot path onto the highway, and then 100 yards along the highway into a lay-by,

in the same manner, sat on it, as opposed to walking along side of it.

 

then id say thats an offence. he was sat on the bike. in control of the bike. on a public highway.
simple as. engine on or engine off. he was sat on the bike with no helmet in control on the public highway. regardless of weather the engine is on or off what the police officer would of saw is somebody in control of a vehicle on a public highway with no helmet. very simple. cut short.

 

not really. any copper that sees you doing that will follow the book and give you a FPN.

 

the kind I like to attract have big tits..............but the ones I get are complete nobs

but not to get off the subject

 

but what if,....... it wasn't seen by a copper,

lets say,.........this offence was caught on a domestic privately owned cctv with time date stamp.

 

then unless its a stolen/uninsured/untaxed/unroadworthy vehicle. theres fuck all that can be done and not much need for anything to be done.

 

Why would that be

 

because the police wont care about it unless it was done right infront of them at that moment of time its pretty much just a waste of time unless a offence of being uninsured, untaxed, unlicenced etc is being commited and im sorry to say if you are trying to get somebody into trouble (dont know if you are) then thats being a bit pathetic. at end of day he was pushing his bike into layby. we all push our bikes about. nothing wrong with it.

 

If you are riding a bike, wear a helmet. Simple as. If you are pushing a bike, then you don't need to wear a helmet. If your arse is on the seat, you should be wearing a helmet on a public highway.