Magistrates Courts
| Published date | 01 February 1982 |
| DOI | 10.1177/002201838204600101 |
| Date | 01 February 1982 |
| Subject Matter | Article |
Magistrates
Courts
Comments
on
Cases
RIDING MOTOR CYCLES
It
may seem strange that there is little or no authority on what is meant
by riding a motor cycle
but
this was the problem presented to a
Magistrates' Court for decision recently. The Court was the Gillingham
Court in Dorset and the Magistrates were Justices from the Shaftesbury
Bench.
The driver of the motor cycle had been summoned for riding a
motor cycle while carrying on it a person who was not a qualified driver.
This is one of the most common of all offences. The motor cycle did
not have aside-car attached. The passenger was summoned for aiding
and abetting this offence. In addition the passenger was summoned for
riding the motor cycle without wearing a crash helmet, as required by
the Motor Cycles (Wearing of Helmets) Regulations 1973. Under these
regulations there is a specific exemption when the motor cycle is for
the time being propelled by a person on foot.
The Magistrates found the following facts. Both the driver and the
passenger were sitting astride the motor cycle. The motor cycle had its
engine running but was not in gear. There was no movement
of
the
motor cycle at any time during the relevant period.
In Crank v. Brooks [1980) R. T. R. 441 it was held that a person
walking across a pedestrian crossing pushing a bicycle with both feet on
the ground so to speak was a foot passenger. Waller L J said that if for
example she had been using it as a scooter by having one foot on the
pedal and pushing herself along she would not have been a foot
passenger.
In R. v. Miller [1976) Crim. L. R. 147; 40 J. C. L. 33, it was held
that the charge of allowing oneself to be carried in a motor vehicle
taken without consent required a movement of the conveyance whilst
carried. This case was an extension of the earlier case of R. v. Bogacki
[1973) R. T. R. 384 which concerned taking a motor vehicle without
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