With Christmas fast approaching, it is appropriate to warn anyone considering buying a mini motorbike or quad bike. In the eyes of the law, they are motor vehicles and fall to be treated in exactly the same way as if they were full sized. The fact that they are child sized and intended for use only by a child is totally immaterial. That means that if they are ridden on a road or public place, they need to be taxed and insured and the rider must have the appropriate driving licence and wear a helmet. The machines also require to have lights, indicators, horn etc just like any other vehicle on the road. It is an offence to drive a vehicle on private land where you do not have permission. Given that it is not possible to tax or insure them and they do not come fully equipped for use on the road, it is only legal to use them on private land where you have the express permission of the landowner. Nor does riding the bike require you to be astride it or even to have the engine running. Pushing it along controlling the steering is enough. Fail to obey the rules and you could be disqualified from driving. Parents or anyone else allowing a child to contravene the law could also be prosecuted for causing and permitting the child to commit the offences. That too could well end up in the adult being disqualified.

Few realise that the police have new powers, which allow them to seize and destroy vehicles. They have always had the power to seize any vehicle used in the commission of a crime and the court can order forfeiture of that vehicle if the accused is convicted of that crime. I can remember arguing, somewhat tongue in cheek, for forfeiture of someone’s Porsche when convicted of speeding as he could not have committed the crime without the car! It quickly wiped the inane grin off his face.

The new powers relate to either where a vehicle is being driven carelessly or off-road, whether carefully or not, and in so doing is causing, or is likely to cause, distress or annoyance to members of the public or where a vehicle is used and the driver does not have insurance or a driving licence, which allows him to drive that vehicle. It will not be difficult to see how the use of these mini motorbikes and quad bikes could easily fall into this category.

However it should be noted that these powers are not restricted to mini motorbikes or quads and can be used for any vehicle. So far this year Northern Constabulary have used these powers on 133 occasions and crushed 18 vehicles. To get it back the owner has to produce evidence to the police of insurance or a licenced driver for the vehicle. Even if the vehicle does not end up being crushed, the owner is likely to face substantial bills to get it back as they are required to pay a fee fixed by the Scottish Parliament of £105 plus £12 per day it is held. The bill may well be more than the vehicle is worth. If nothing else it helps to get uninsured vehicles off the road and makes owners careful about ensuring that anyone driving their car is properly insured and licensed to do so.

With the shortening days and fog and mist becoming more likely, it still stuns me to see just how many drivers fail to use lights properly. Such a failure is an offence. Lights are there not only to allow you to see but, just as importantly, to allow others to see you. Sidelights are more properly called “parking lights” and should be restricted to that use. As you loom out of the fog, your vehicle can be seen long before the dim glow of your sidelights. Use headlights. It is no coincidence that the car manufacturer best known for safety, i.e. Volvo, makes cars that do not drive unless the headlights are on. Fog lights should be switched off when conditions improve and not left to dazzle following drivers. Failing to dip your headlights for an oncoming vehicle is not only bad manners, it is stupid. Being dazzled, he might hit you.