Association of Chief Police Officer of England, Wales & Northern Ireland
MOTORCYCLE ENFORCEMENT STRATEGY
FOR
ENGLAND, WALES & NORTHERN IRELAND |
|
|
Status:
|
This
Strategy document is published by the Motorcycle Casualty Reduction Working Group
and has been approved by the Head of the Road Policing Business Area. It has been
audited in compliance with ACPO requirements and is disclosable under the Freedom
of Information Act 2000. It is subject to Copyright.
|
|
Implementation
Date:
|
22
June 2006
|
|
Review
Date:
|
January
2008 |
|
1.
Introduction
In March 2000 the Government published a road safety strategy for the next 10
years, “Tomorrow’s Roads – Safer for Everyone”. This includes casualty reduction
targets to be achieved by 2010. These are a 40% reduction in the number of people
killed or seriously injured (KSI); a 50% reduction in the number of children killed
or seriously injured; and a 10% reduction in the slight injury casualty rate.
A key factor in achieving these targets is the safety of motorcyclists. Motorcyclists
represent a large proportion of road casualties in relation to their numbers.
They make up around 1% of road traffic, but suffer around 18% of deaths and serious
injuries.
Casualty statistics for 2004 show that powered two wheelers (PTW) deaths fell
to 585 from 693 the previous year (16%) and serious injuries fell from 6,959 to
6,063 (13%). Whilst this fall in casualties is clearly positive the figures need
to be balanced with the 14% increase in deaths from 2002 to 2003 and the steady
climb in deaths and serious injuries over the last 10 years.
Whilst the casualty rate continues to improve, it was 25% lower in 2004 than in
1994, there is concern that motorcyclists continue to be disproportionately represented
in casualty numbers. Motorcyclists are at a greater risk of death or serious injury
than other road users. The relative risk of a motorcycle rider being killed or
seriously injured per kilometre travelled was almost 50 times higher in 2003 than
for car drivers.
In February 2005 the Department for Transport published The Government’s Motorcycling
Strategy, demonstrating its commitment to supporting motorcycling as an important
part of the transport mix, working together with the motorcycling community to
address the needs of motorcyclists. This document also recognised that the mainstreaming
of motorcycling brings with it rights and responsibilities. It states:
“Motorcyclists have the right to expect central Government to take account of
motorcycling in the planning process, when designing and maintaining the road
network, when managing traffic and when considering safety. In return motorcyclists
must recognise their responsibilities – to ride sensibly and safely within the
law, be considerate to other road users, and to others more generally – for example
those who wish to enjoy the peace and tranquillity of our rural areas”
It is recognised that within the UK, Police Forces adopt many differing strategies
when dealing with motorcyclists. This can result in a lack of focus on key safety
issues and can lead to distrust and animosity amongst motorcyclists.
It is with this background that it has been established that there is a need for
a co-ordinated approach to education, enforcement, engineering and engagement
of motorcyclists. There is an opportunity to achieve this by developing a nationally
agreed ‘Motorcycle Enforcement Strategy.’ This will provide an opportunity to
deliver a consistent approach and to build upon best practices, share intelligence
and research.
It is acknowledged that the vast majority of motorcyclists are law abiding, responsible
people. There is a need to protect their interests as well as the wider public
and affected communities, from the minority who choose to abuse road traffic law
and endanger their lives and others. There is a need to reduce the unacceptable
number of people killed and seriously injured as a result of motorcycle collisions.
2. Strategic Intention
The intention of the strategy is to focus enforcement activities on key motorcycle
collision causation factors and introduce a nationally agreed approach to enforcement,
with the aim of reducing killed and serious injured casualties in this most vulnerable
road user group. It is recognised that some communities suffer noise intrusion
and quality of life issues which need to be acknowledged and which are addressed
as part of this strategy.
It is hoped that the introduction of clear guidelines will help to alleviate animosity
between the Police and motorcycle groups, and will encourage an environment of
co-operation and partnership, working together to achieve a safer road environment
for all.
The strategy has two main objectives:
|
- To reduce the
number of people killed and seriously injured as a result of motorcycle collisions.
- To reduce the
level of anti-social behaviour associated with a small irresponsible minority
of motorcyclists that disproportionately effect the quality of life for some communities.
|
3. Principles
of enforcement
The enforcement of traffic legislation by the police should be guided by the principles
of proportionality in applying the law and securing compliance.
Enforcement should be intelligence led and targeted. It needs to be consistent
and transparent about what enforcement action is undertaken and why, it should
recognise that effective partnership working in its broadest sense is essential.
Neighbouring forces should work together to share intelligence and adopt a consistent
approach to enforcement recognising that motorcyclists will frequently cross force
boundaries.
There should be an emphasis on securing compliance through education, encouragement
and advice, with a clear statement of intent to deal appropriately with serious
and/or persistent offenders.
Pre-court interventions such as ‘Rider Improvement Schemes’ (where available)
provide an opportunity to direct offenders towards formal training. |
|
Enforcement should be proportionate to the risks to individuals, property and
the degree of seriousness of the offence.
Targeting means more than simply focusing on those whose behaviour poses the greatest
risk (particularly to others), or to identifiable locations or circumstances.
Targeting needs to take full advantage of a wide range of information sources
to properly inform, focus and prioritise enforcement activities. Effective targeting
ensures that road risks are objectively identified and prioritised for appropriate
action, suitable resources are deployed and pertinent monitoring and evaluation
takes place. This ensures that costs and benefits can be properly assessed and
future decision making enhanced.
Consistency does not mean uniformity, it does mean adopting a similar approach
in similar circumstances to achieve a desired outcome. Officer discretion is a
valued asset that needs to be retained and exercised under agreed guidelines.
Officers observing an offence must consider the nature, severity and risk of the
incident, to the perpetrator and more importantly to others before making a decision
on how best to proceed. This strategy offers guidance relating to the type of
offences that require intervention and options to consider for disposal. It seeks
to provide a consistent approach to all road users nationally. Inconsistency in
enforcement undermines public confidence and contributes to resentment and alienation.
Developing a lucid strategy assists motorcyclists and other road users to understand
what is expected of them and why. It provides clarity on what the public can expect
from the police and by raising awareness of the issues, develops a wider understanding
of the full implications of their actions, which will facilitate changing behaviour
and ultimately attitudes.
4. Core themes
|
- Breaches of section
2 of the Road Traffic Act 1988 (Dangerous Riding) should in most cases be dealt
with by way of prosecution, especially in cases where there is a victim. There
is a need to deliver a clear message that behaviour constituting this offence
will not be tolerated and that firm and positive action will be taken to address
it.
- Breaches of section
3 of the Road Traffic Act 1988 (Careless Riding), it is recommended that where
this offence is committed, and there is a victim, prosecution should be the preferred
option with all road users dealt with in the same manner.
The use of Section 59 Police Reform Act 2002 should also be considered. It should
be noted that the primary offence of Section 3 (careless and inconsiderate riding)
must have been committed with the extra elements of causing or likely to cause
alarm, distress or annoyance to the public before section 59 can be implemented.
In victimless cases alternative pre-court interventions such as ‘Rider Improvement
Schemes’ should be considered.
The test to be applied for careless riding is when a rider departs from the standard
of riding which would be exercised by a reasonable, prudent, competent rider in
all the circumstances of the particular case. This includes inappropriate speed
for the vehicle or the conditions. If a persons riding falls far below that standard,
charges under Section 2, Road Traffic Act 1988 should be considered.
- Exceeding speed
limits, prosecution in compliance with existing detailed ACPO guidelines and individual
force policies
- Breaches of section
36 of the Road Traffic Act 1988, failure to comply with road signs consider pre-court
interventions.
These offences should not normally be isolated incidents, but should be accompanied
by aggravating factors for example excessive speed or prolonged misuse of double
white line markings.
In cases where there is a victim and/or the offences have a higher degree of ‘mens
rea’ prosecution should be the preferred option.
- Registration plates,
the test to be applied, if not easily legible from 20.5 metres, prosecution and
inform DVLA.
Whilst accepting that this is a technical offence, there are concerns regarding
the misuse of registration plates on motorcycles.
It is well recognised that there are many technological advances in automated
detection and enforcement equipment, most of which rely upon remote reading of
registration plates.
It is difficult for enforcement agencies to differentiate between the individual
who wishes to make a fashion statement or enhance the appearance of their machine
from one who is deliberately attempting to avoid detection for criminal purposes.
It is with this rationale that it has been decided not to focus on the technicalities
of the size of the plate or font size to comply with current legislation, but
to apply a simple test of legibility, based upon the standard eyesight test for
riders and drivers.
- Illegal exhausts,
in cases with no noise annoyance, consider the use of the Vehicle Defect Rectification
Scheme and appropriate advice.
Where noise annoyance is a factor, prosecution is recommended, with consideration
to be given to the use of Section 59 Police Reform Act 2002 for persistent offenders
or excessive noise nuisance.
This issue affects the wider public and in many cases serves to alienate them
from motorcyclists in general by reinforcing stereotypes. The Police have a duty
to protect all road users and communities, it is therefore necessary to take proactive
action against the illegal use of exhausts on motorcycles.
It is accepted that not all forces use the PNC to record and administer Section
59 warnings and seizure notices. It is recommended that the PNC should be used
for this purpose
- Tinted visors,
if used during daylight hours, advice only, if used during the hours of darkness
or conditions of reduced visibility consider prosecution using ‘Tintman’ equipment
where available.
It is acknowledged that there is much debate about this issue and many variables
and anomalies can be applied. Therefore a pragmatic approach is necessary and
only in cases where there is an obvious danger should prosecution be considered.
- Coloured headlamps,
intervention recommended only if the light cover is red, VDRS is recommended as
the primary option. Advice to be given for colours other than white.
|
In
respect of clothing for motorcyclists there is currently no specific legislation,
except for helmets, regarding the type or quality of suitable clothing that should
be worn. It is therefore recommended that a common sense approach be applied,
constructive and helpful advice should be offered where appropriate and that intervention
and education is required in cases of obvious danger, for example, riders wearing
shorts and tee shirts.
There is an underlying requirement that all of the actions listed above should
be underpinned by education and advice. This should be supported by recommendation
to seek further professional training.
It is recommended that where road checks are utilised care must be taken not to
unnecessarily delay motorcyclists. The checks should be well resourced and focussed
on specific issues. Motorcyclists should be told why they are being stopped and
generalised trawling for offences is not recommended.
A high visible presence and instant intervention is more effective than covert
monitoring or remote camera detection and justice by post.
Whilst this document addresses specific advice and guidance for dealing with motorcycle
riders it is one strand of a number of wider road policing strategies and casualty
reduction initiatives designed to achieve the Governments 2010 casualty reduction
targets.
DCC David Griffin
Motorcycle casualty Reduction Working Group Lead
Humberside Police
|
|
