Anti-social behaviour and illegal use of off-road bikes

There will be a Westminster Hall debate on anti-social behaviour and illegal use of off-road bikes on 5 March 2025. The debate will be opened by Antonia Bance MP.

The Library briefing Social housing tenants and anti-social behaviour (6 January 2025) and Tackling anti-social behaviour (21 April 2020) provide further background information which may be useful.

Off-road bikes

‘Off-road bikes’ can include a range of vehicles such as quad bikes and motorbikes, including scramblers and mini-motos.

Previous parliamentary debate has noted that for many years there has been a problem whereby off-road bikes are being driven in a dangerous and anti-social manner and causing a nuisance. There have been incidents of off-road bikes being driven in parks, on pavements and in other public spaces, resulting in injuries to riders and the public and damage to parks, fields, green spaces and private property.

Police forces have reported conducting specific operations to tackle anti-social behaviour associated with the use of off-road vehicles, such as increasing patrols in hotspot areas, using traceable forensic spray to ‘tag’ offenders and their bikes, applying for warrants to seize off-road bikes, and using drones to follow riders.

There are no official statistics on the use of off-road bikes or prevalence of anti-social behaviour related to the illegal use of off-road bikes.

Relevant legislation

Off-road bikes can be used on private land, with the landowner’s permission. The Road Traffic Act 1988 includes provisions that make it illegal to drive a mechanically propelled vehicle on land where permission has not been given. Section 34 of the Road Traffic Act 1988 states that:

if without lawful authority a person drives a mechanically propelled vehicle—

(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(b) on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.

Legislation also covers the use of such vehicles on the road. Both quad bikes and motorbikes must conform to the Road Vehicles (Construction & Use) Regulations 1986 and riders must fulfil various regulations under the Road Traffic Act 1988. This means such bikes must be approved, registered, taxed and have an MOT (if needed) to be used on the road.

Unsurfaced unclassified roads (often know as green roads or green lanes) and byways open to all traffic (BOATs) are roads, so riders would need to have a driving licence and insurance, and the quad bike must be taxed and registered. To ride on public land (e.g. parks) riders would need the local authority’s permission.

There are various other legal provisions that could apply when motorised bikes are being ridden off-road:

• Persons riding a quad bike on a footpath, bridleway or restricted bridleway would be guilty of an offence under the Countryside and Rights of Way Act 2000.
• Even if someone has permission to ride a quad bike on land, if they are found to be riding “dangerously” or “carelessly” (as defined by the Road Traffic Act 1991) they would be guilty of an offence even when they are driving off-road.
• Under Section 59 Police Reform Act 2002, officers can seize vehicles which are being used illegally, including prohibited off-road use.
• Noise issues can be dealt with by the local council under statutory nuisance noise legislation as provided by the Environmental Protection Act 1990. This act places a duty on the local authority to investigate complaints of noise nuisance and serve a noise abatement notice against people who cause a “statutory nuisance.” General traffic noise is exempt, but noise from a vehicle in the street if/where that is applicable to off-road biking, or possibly neighbouring land, would be covered. In general, one council can take action against nuisance from another council area which affects its own residents. See more information in the Library’s briefing on nuisance complaints (30 November 2017). Gov.uk also provides guidance on how councils in England deal with noise complaints.
• If riders are caught causing criminal damage they can be arrested under the Criminal Damage Act 1971.

The Anti-social Behaviour, Crime and Policing Act 2014 includes powers the police, councils and other local agencies can use to tackle anti-social behaviour.

Under part 4, chapter 2 of the 2014 act, a local authority can impose a public space protection order to prohibit any activity associated with anti-social behaviour. Public space protection orders can last for up three years, but can be renewed. Breach of a public space protection order is a criminal offence that can result in a fixed penalty notice of £100, or a fine of up to £1,000 if found guilty at a magistrates’ court.

There have been examples of public space protection orders being used to tackle the use of off-road bikes, for example by Rochdale Borough Council and Rossendale Borough Council (PDF).

In March 2023, the Home Office updated its statutory guidance to frontline professionals on the use of powers under the 2014 act, including public space protection orders.

Crime and Policing Bill 2025

The Crime and Policing Bill 2024-25 was introduced on 27 February 2025. It is listed for second reading on 10 March 2025.

The government’s factsheet accompanying the bill, states that:

ASB involving vehicles is wide ranging and encompasses: (i) off-road bike misuse; (ii) illegal motorbike and car racing; (iii) noisy and dangerous motorbike use; and (iv) aggressive or inconsiderate driving. It is a concern which communities frequently raise with MPs and PCCs. This behaviour takes place in both rural and urban areas, both on roads and off roads.

The bill includes a provision that would make it easier for the police to seize vehicles associated with anti-social behaviour.

The police have existing powers to seize vehicles (including off-road bikes) associated with anti-social behaviour. Under section 59 of the Police Reform Act 2002, a police officer in England and Wales can intervene if they have “reasonable grounds for believing” that someone is using a vehicle in a manner which:

1. contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving); and
2. is causing, or is likely to cause, alarm, distress or annoyance to members of the public

The police can order the person to stop driving the vehicle. They can also use force to seize and remove the vehicle.

However, under section 59(4) the police would have to provide a warning to the individual first, unless it is ‘impracticable’ to do so, or the individual has already received a warning in the last 12 months. If an individual continues to use their vehicle in an anti-social way, a police officer can then seize the vehicle.

Clause 8 of the bill would repeal subsection 59(4) of the Police Reform Act 2002, to remove the need for a warning to be given before the police can seize vehicles associated with anti-social behaviour.

Prior to the 2024 general election, media reports suggested that the Labour party also wanted to make it easier for the police to dispose of vehicles they seize under the 2002 act. The rules for how the police must retain and dispose of vehicles it has seized are set out under the Police (Retention and Disposal of Motor Vehicles) Regulations 2002.

Currently, when a vehicle is seized, the police must make efforts to issue a seizure notice to the owner. This must give an individual at least 21 days to claim their vehicle before it can be disposed of. If the police can’t find the owner to issue a seizure notice, they can dispose of the vehicle after 14 days from the point of seizure.

There had been some suggestion the Labour party wanted to shorten this to 48 hours. This is not included in the Crime and Policing Bill, however the government could amend regulations via secondary legislation.