UK helmet law

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Ryanyoule
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UK helmet law

Post by Ryanyoule » Fri Sep 06, 2019 5:07 pm

So, we had an interesting debate the other day...
Q. Do you need to wear a helmet whilst pushing your motorcycle?
One answer is yes as you are still in control of the vehicle.
However, I found the below in legislation and (2) seems to suggest that you do not need to wear a helmet when pushing a motorcycle.
Thoughts please chaos and chapettes.

Protective headgear
4.—(1) Save as provided in paragraph (2), every person driving or riding (otherwise than in a side-car) on a motor bicycle when on a road shall wear protective headgear.
(2) Nothing in paragraph (1) shall apply to any person driving or riding on a motor bicycle if—
(a)it is a mowing machine; or

(b)it is for the time being propelled by a person on foot.



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Re: UK helmet law

Post by Gerontious » Fri Sep 06, 2019 5:18 pm

Its quite self explanatory.. if you are pushing the bike then no helmet required.

if you are walking beside the bike (holding it upright) and the engine is on and turning the back wheel (a rather risky action). then you must wear a helmet.

I'm not sure under what circumstances that would happen... but. life is full of extremely odd occurrences.
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Ryanyoule
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Re: UK helmet law

Post by Ryanyoule » Fri Sep 06, 2019 5:25 pm

Well, it came about after a friend was pushing a broken down motorcycle to a safe place.
It was taxed, insured and MOT'd.
Police officer stopped and told him he should be wearing his helmet and it must be done up regardless of the engine running or not.
In this case it clearly wasn't running as it couldn't run! :D
Hence, we looked it up and couldn't find a ruling anywhere!
So went to the legislation and assume the copper has got it wrong!

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Re: UK helmet law

Post by winston smith » Fri Sep 06, 2019 11:59 pm

Gerontious is right.

The way it was explained to me was, a motorcycle with the engine off becomes a cycle.

Unfortunately, the police do not know every law - a lot of them don't even understand some very basic legal stuff. And sadly, more and more are driven by targets; either statistical or financial.
Don't be afraid to challenge them if you think they are wrong.

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Re: UK helmet law

Post by Marino » Sat Sep 07, 2019 10:16 am

I found that challenge policeman is the worst option. I use to do it many times and it didn’t go so good.
Realised that, yes sir, thank you sir, is the best and easiest option, policeman happy, I can go in peace, not changing anything.
Sweet, short, effective

Ryanyoule
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Re: UK helmet law

Post by Ryanyoule » Sat Sep 07, 2019 10:27 am

Yes, wouldn’t want them wanting to find another excuse to fine you for something else!
Even though my bike is less than 2 years old, I’m sure they’d find something wrong with it 🤣.
In my mates case he wouldn’t even have been able to demonstrate if his indicators were working as it was totally dead with a blown fuse!

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Re: UK helmet law

Post by learningtofly » Sat Sep 07, 2019 10:28 am

Gerontious wrote:
Fri Sep 06, 2019 5:18 pm
Its quite self explanatory.. if you are pushing the bike then no helmet required.

if you are walking beside the bike (holding it upright) and the engine is on and turning the back wheel (a rather risky action). then you must wear a helmet.

I'm not sure under what circumstances that would happen... but. life is full of extremely odd occurrences.
Spot on.

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Re: UK helmet law

Post by dynax » Sat Sep 07, 2019 11:12 am

Marino wrote:
Sat Sep 07, 2019 10:16 am
I found that challenge policeman is the worst option. I use to do it many times and it didn’t go so good.
Realised that, yes sir, thank you sir, is the best and easiest option, policeman happy, I can go in peace, not changing anything.
Sweet, short, effective
Just make a note of his name and badge number, then go to station armed with all relevent info and complain :lol:

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Re: UK helmet law

Post by skyrider » Sat Sep 07, 2019 7:26 pm

just go with the flow :roll:
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Re: UK helmet law

Post by Six30 » Sat Sep 07, 2019 7:33 pm

Or become a Sikh .
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Re: UK helmet law

Post by XTreme » Sun Sep 08, 2019 7:23 pm

I remember the days before helmets were compulsory.......and there were a few days I didn't wear them.....like when I wanted to dry my hair. :lol:

Anyway, I went to work as normal on the day it became law (think it was June 73 and I had a GT380).....but completely forgot about it.

Ended up slipstreaming a big truck all the way home to try and stay as incognito as possible.

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Re: UK helmet law

Post by Tankbag » Tue Sep 10, 2019 11:17 pm

Wear one of these :thumb:
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Re: UK helmet law

Post by manxie49 » Sun Sep 22, 2019 10:05 am

Gerontious wrote:
Fri Sep 06, 2019 5:18 pm
Its quite self explanatory.. if you are pushing the bike then no helmet required.

if you are walking beside the bike (holding it upright) and the engine is on and turning the back wheel (a rather risky action). then you must wear a helmet.

I'm not sure under what circumstances that would happen... but. life is full of extremely odd occurrences.
Exactly the right advice

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Re: UK helmet law

Post by Breadsnapper » Tue Sep 24, 2019 12:28 pm

The law is fairly ambiguous and is based on what is defined as driving, usually control of steering, propulsion and the ambiguous bit the actions of the person must fall in with the everyday meaning of driving. It would be up to the court to decide if pushing a motorbike is driving. By pushing a motorbike you'd be controlling the steering and propulsion but IMO not driving in the everyday sense so the 3 elements you need for driving are not present. You can't be driving a bit you either are or you aren't.

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Re: UK helmet law

Post by hawkeyefxr » Fri Oct 04, 2019 2:32 pm

Ryanyoule wrote:
Fri Sep 06, 2019 5:25 pm
Well, it came about after a friend was pushing a broken down motorcycle to a safe place.
It was taxed, insured and MOT'd.
Police officer stopped and told him he should be wearing his helmet and it must be done up regardless of the engine running or not.
In this case it clearly wasn't running as it couldn't run! :D
Hence, we looked it up and couldn't find a ruling anywhere!
So went to the legislation and assume the copper has got it wrong!
I have heard of Police saying this and making a complete nuisance of themselves. At the end of the day he's a cop and he can make your life difficult should he choose.
What really intrigues me is that Sikh's do not have to wear a helmet because of their religion ( i am not being racist in any way here) Some of our laws are a thing of wonder.

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