The Law relating to helmets

@ rustyscooter

Do they have CCTV in your area? I don't think that you are thinking this through.

On privately owned land (i.e. not a public highway), then feel free to not wear a helmet and spill your brains over the countryside. Public works or not, the land is private and you are an utter flange if you choose not to wear a helmet on an ATV or a bike. Don't you remember what happened to Ozzy Osbourne and his ATV crash? He was one lucky SOB to survive that. Public workers should be wearing helmets, as their risk assessment for the task should state that.

Just don't do it on the public roads, or you deserve to have your nuts jumped all over by the Plod.

I was once told "If you have a £10 head, wear a £10 helmet." If you don't wear a helmet, then you don't value your head at all... even farmers wear a minimum of a flat cap when they ride an ATV.

 

It seems like the answer is yes,

to take away the cryptic element, the police know I have 24 hour cctv, they asked me for a copy of the incident I described,

I was putting forward all of the excuses the offender may use,

in truth, the offender started his bike in his back garden, then rode the bike through the gate across the footpath, then rode 100 yards along the highway, and then turned into a lay-by, and did all of this without wearing a helmet.

the police looked at the dvd and took it away for action to be taken.

 

Then someone's nuts are about to get jumped on, as they have clear evidence of the offence. The offender has no excuse, as he was on a public road, end of discussion.

He will probably lose his job too, as breaches of safety rules can be classed as gross misconduct; I know, because I've sacked people for breaking site safety rules. It's also the one area that an Employment Tribunal won't touch, as they won't go up against the HSE. It stands as gross misconduct and that will follow him around for years to come.

 

@ Scootz

Wrong. Two sets of public servants are involved here, the Babylon and the public worker caught on the bike.

Political correctness and 'Being seen to do the Right Thing' will ensure that this miscreant has his day in court, as they will probably get some good news coverage out of it and the red top papers/Daily Fail foam at the mouth for this sort of thing.

None of the management (*ahum-ha*) at the Dibble or the local Council will want to be seen to condone this biker's 'Shocking behaviour', so he'll get fried from all sides, so that everyone else smells of roses. No-one's going to lose a local election over this biker, that's for sure.

Unless the biker is a one legged, slightly suntanned, Jewish, lesbian, transgendered one parent family that likes to wear a turban as well as a kilt (I think that covers all of the bases), I can't see him getting off with this one. His 'Uman Rights' aren't going to get a look in.

 

Not quite,

his wife is a para legal working for one of the biggest firms of Solicitors in this city,

he might not need uman rites.

 

I would like say that this family have got away with all kinds of crimes caught on video for 13 years, from assaults to racial abuse, from threats to kill to criminal damage, I have no faith in anything being done to him.

 

Here he is

guilty, or not guilty?

 

Guilty - of an offence that is viewed by the law as the same as not wearing a seatbelt - max £30 fine!

 

ready for this

simples

he was on a motorbike

on a road

no helmet

done! literally

 

spoke to my instructor about this today.
the fine for the offence is actually £60 and three points. same as a seatbelt. no seatbelt isn't a £30 fine, its £60 + 3 points.
in the picture hes clearly riding with no helmet. if the police are chasing it then bloody good! deserves punishment. he wasn't pushing it and is clearly riding it. therefor giving the rest of us a bad name riding without a helmet. deserves whatever he gets and hope he does get a fine/the police decide to make a example of him.

 

I can't find a definite answer regarding the fixed penalty - best I could find on the net was dated 15th August 2013 which stated a rise from £30 to £50 but still no mention of points.

http://www.righttoride.co.uk/2013/08/15/new-fixed-penalty-notices/

Most people think it is higher than it is though such as points etc.


Personally I think anyone not wearing FULL protective gear on any Motorbike, Scooter etc is a plum. If in doubt come round and check the scars on my legs from a 30 mph slip on diesel whilst wearing jeans... ...not nice.

I've no idea why it should be just a fine though, I guess they think most people are not daft enough to do it.

 

when the police were here last-night looking at the dvd, they mentioned something called an OSCO, I think that was what he said,

he continued, he could get

1. get a course
2.get points
3. get a fine
4. go to court

 

I know my neighbour well, they will deny it, even though he can be seen on the bike,

don't forget, I also have the DVD of this from start to finish, but his solicitor wife will continue to deny it

 

The DVD is classed as prima facie evidence, the same as a speeding camera photo and unless his face is obscured, so that he could maybe try the "That could have been anyone!" defence, he's guilty and any court will see it that way. If he wants to fight it out, let him I say, as that just digs a deeper hole for him to be pushed into, with a bigger legal bill at the end. Even if he denies it, the Police may compel him to name who he says was the rider and that opens a brand new can of worms.

If he did this offence as part of the normal course of his employment, there's also that matter to consider and that's not governed by any court. If he drives a vehicle for his employer, he has to tell them as it will affect their insurance and there will be clauses in his contract or Employee Handbook covering this.

His employer may decide to warn him (first and final), suspend him, or terminate his employment and I know which one I'd go for as the employer, as anything less than a sacking might be seen as condoning unsafe acts. There are some lines in the sand that shouldn't be crossed...

I look after HSE and HR where I work and he would be toast if he worked for our company. Immediate suspension pending disciplinary interview, at which he would be told that he had committed a gross misconduct offence and that his employment was terminated with immediate effect. No Jobseeker's for at least eight weeks and if the Job Centre ask why he was sacked, then it all comes out.

His Legal beagle missus would be able to do jack shit about it.