The next item of business is a members’ business debate on motion S4M-13293, in the name of Claire Baker, on promoting responsible off-road motorbike and quad bike ownership.
Motion debated,
That the Parliament understands that there is increasing popularity and affordability of off-road motorbikes and quad bikes; is concerned at reports from communities across Scotland, including Mid-Scotland and Fife, of antisocial behaviour on off-road motorbikes and quad bikes, which causes noise pollution, can be threatening to pedestrians and too often causes distress in public parks and public footpaths; also notes reports of damage to farm land, leading to financial loss for farmers, as well as damage to coastal and woodland paths resulting in repair costs for local authorities and others; notes the local police initiative to tackle antisocial behaviour in Fife, Operation Ducati; notes the view that consideration should be given to any additional tools for Police Scotland to address such antisocial behaviour; acknowledges that the responsible use of quad bikes and off-road motorcycles is a legitimate recreational activity that is enjoyed by many people both as individuals and through off-road motorcycle clubs; believes in the importance of education to encourage responsible off-road activity and raise awareness among owners; notes encouragement for owners to register bikes through the DVLA’s voluntary registration scheme and, given the increasing popularity of off-road activity, notes the view that mandatory registration should be considered for introduction across the UK.
12:33
I am pleased to have secured the debate this afternoon, and I thank members from parties around the chamber who have supported the motion. I hope that this can be a constructive debate. I am sure that members will be keen to reflect the experiences of their constituents and to contribute to finding solutions.
I welcome Shelagh Cooper to the gallery. Her dog, Millie, died following a collision with an off-road motorbike. The incident is the subject of a current court case, so I will not say any more about it, but it has been very traumatic for Shelagh. She is now campaigning for action on illegal bike use and has collected more than 15,000 signatures in support of her campaign. I am pleased that today’s debate provides the opportunity to highlight her hard work.
I also welcome David Paton and Gordon Gourlay from the Kingdom Off Road Motorcycle Club. Although I expect that much of the debate will be about problematic off-road biking, clubs such as KORMC offer opportunities for people to learn and enjoy an exciting and exhilarating sport, and they offer part of the solution to the challenges. I will say more about that later.
The popularity of quad bikes and off-road bikes has grown in recent years. With an increase in cheap imports, off-road bikes, quads and mini-motorbikes are now much more accessible and affordable than ever before. People of all ages are attracted to bikes; bike ownership and the desire to enjoy the bikes is not going away.
How do we support responsible ownership and deal with the negative impacts of illegal off-road biking? As the popularity and accessibility of such bikes grow, there has been an increase in reports of antisocial behaviour, with communities being blighted by noise pollution. In addition, people are being threatened by antisocial behaviour in public parks and on footpaths and pavements. A recent example is the fact that nursery staff with small children who were playing in Beveridge park in Kirkcaldy reported being alarmed and threatened by people who were tearing around on off-road bikes. Off-road bikes can be ridden on private land with the landowner’s permission, but other activity is illegal.
When we talk about antisocial behaviour, we often assume that it is teenagers who are involved, but that is not the experience in Mid Scotland and Fife, where adults have also been involved in dangerous and disruptive behaviour. Because of that irresponsible behaviour, too many people are not feeling safe in their communities. That is not acceptable. People report to me that when they challenge such behaviour they often receive abuse and feel more threatened.
Earlier this year in Fife, another dog was injured in a collision. The comment that the police made at the time was:
“It is by pure chance that the dog’s owner was not injured in this incident and once again this incident reinforces the danger posed to pedestrians by the illegal use of motorcycles on and off-road.”
That is the threat that people are living with.
I have also had conversations with farmers in Fife whose land is being damaged—thousands of pounds’ worth of damage is being done to their crops. Efforts to restrict access through use of gates have led to chains being cut, and riders wearing hoods and balaclavas means that closed-circuit television has not been much use.
Constituents have also expressed to me the frustration that they have experienced in phoning 101 on the matter. I have had reports of lengthy waits for the phone to be answered, of lack of local knowledge on the part of the person answering and of frustration that the person answering cannot contact the local officer. The Minister for Community Safety and Legal Affairs will have heard such concerns before.
In Fife, local police officers are running operation Ducati in the Levenmouth area, and operation Fireblade has recently been launched in Kirkcaldy. The police are making efforts to clamp down on people who use their bikes illegally on-road and off-road, as part of which they are making arrests. Officers cannot pursue offenders, but they are working to identify those who are responsible, and to take action to stop their behaviour. I very much appreciate the steps that the police in Fife are taking.
I know that in other areas officers use bikes to contain illegal activity; if that is effective, we should consider greater use of the measure. We must ensure that the police have in their box all the tools to deal with the issue. In discussions with stakeholders, the strengthening of fixed-penalty notices has been highlighted as a way of giving the police more options to deal with antisocial behaviour, The minister might wish to comment on that proposal when he closes the debate.
The police can use powers to seize bikes from owners. In some cases, that might solve the problem but, in others, it only gives respite. In the past year in Fife, the incidence of theft of quad bikes and off-road bikes has doubled, with 43 bikes having been reported as stolen. We could also look at changing the licensing system for off-road bikes. Under the current rules, an off-road vehicle does not need to be taxed or registered. The Driver and Vehicle Licensing Agency has introduced an off-road register on which people can record their off-road bikes, which would help the police in the event that such a bike is stolen.
However, there is a view that mandatory registration should be introduced for all bikes. That is seen as a way to encourage responsible ownership, to record properly the details of owners and to make it possible to trace bikes. On the other hand, many off-road bikes are not suitable for on-road use, so it needs to be considered whether it would be proportionate to introduce that level of registration for recreational bikes that are used responsibly. The DVLA is reserved, but we should still consider the merits of registration and whether we want to make representations on the matter.
A full police response is important because that would recognise the severity of the activity and deal with criminal behaviour, as well as providing assurance to the public. However, the issue is complex and we need a holistic approach to the problem. We need to stress the importance of education to encourage responsible off-road activity and to raise awareness among owners. What can the Government do to increase responsible ownership? Is there a need for an awareness-raising campaign among retailers to encourage responsible sales, and for buyers to have a full understanding of the law?
We need to support opportunities for recreational use for everyone and to focus on diversionary activity for problematic users in cases in which behaviour change could be achieved. Kingdom Off Road Motorcycle Club plans to run a summer programme in the next few weeks in which it will work with young people who are referred to it by Sacro and the police. Those young people will learn bike maintenance skills, bike safety and responsible behaviour. KORMC first ran a pilot that was successful in reducing problematic behaviour in 2009. Such programmes will not address all antisocial behaviour—off-road bikes are sometimes used in much more serious criminal activity—but they can make a difference to the behaviour of young people, which offers a longer lasting and more sustainable solution to the problems that we are discussing.
The availability of legitimate opportunities to enjoy off-road biking is also part of the solution. I am supportive of Kingdom Off Road Motorcycle Club’s efforts to establish an indoor motor track in Levenmouth. The proposed model would give access to affordable, accessible and legal off-road biking within controlled conditions. It could also encourage responsible ownership, offer skills development, provide employment and aim to get bikes off the streets in communities in Levenmouth and Fife. I wish KORMC well with the project.
We have a responsibility to respond to the problem. We cannot be complacent about the degree of illegal off-road motorbiking and the accompanying antisocial behaviour that is happening in some of our communities. We must take action to stop it.
12:40
I thank Claire Baker for bringing the motion to Parliament. I welcome the opportunity to speak about promoting responsible off-road motorbike and quad bike ownership.
Unfortunately, in the last few years in the Kirkcaldy constituency that I represent, an increasing number of people who have motorbikes and quad bikes are not using them in a responsible and appropriate way. There have always been recorded instances of people on such bikes causing problems in various ways within the community; however, the number of constituent cases that I have had to deal with has recently escalated significantly.
There are in my constituency many areas of land and open spaces that lend themselves to being ideal locations for off-road motorbike and quad bike activity—in particular, in the Levenmouth area. Those areas are now being utilised by irresponsible bike owners to the detriment of the people who live in the surrounding areas. The activities that are engaged in by the bike owners often take place at unsociable hours and are hazardous not only to themselves but to others.
I have been out to some of those locations to talk with residents and have seen for myself the impact that the activities are having. The land that is used for the biking is often churned up and left in need of repair by the farmer or land owner, which is time consuming and often costly. Perhaps even more significant is the distress that is caused to residents in the immediate vicinity by the noise and the continual worry—especially by those with families and pets—that a serious accident will occur.
In March this year, a couple lost their pet, called Millie, who was knocked down and killed by a man on an off-road motorbike while they were out walking on waste ground in Methil. The loss of the much-loved pet led to the owners starting the “Millie’s plea” petition, which calls for an end to off-road motorcycle menaces in the area. In April the petition was close to reaching 15,000 signatures, which gives a clear indication of the strength of feeling in the community about the severity of the problems that are caused by the bikes.
The bikers who are involved in the activity are also placing themselves at risk. Recently, a young biker was seriously injured—he broke his back while quad biking on a coal bing and had to be airlifted to the Royal infirmary of Edinburgh.
I have spoken to the community inspector for the Levenmouth area, and through correspondence on various occasions I have expressed my concerns and those of my constituents in an effort to find a solution to the problem that is faced. The police are aware of the issue and have worked hard to ensure the safety of all concerned. That led to the introduction in 2014 of operation Ducati, which is on-going. That is a local police initiative that targets those who are involved in illegal use of motorbikes on-road and off-road. Since its inception, it has yielded some positive results, both in apprehending offenders and in reducing the number of incidents. However, there are legal restraints on the police that need to be addressed. The police are cognizant at all times that the safety of both the public and of the people who participate in illegal use of bikes must be paramount.
It is essential that all avenues be explored to heighten awareness of what can be done to solve the problem of illegal and dangerous off-road biking before anyone is killed. The bikers need to be made fully aware that they are breaking the law, not only by riding vehicles without plates, a licence or insurance, but simply by riding the bikes on land that they do not own, and that by doing so they face the possibility of having their bikes confiscated.
In order for the police to continue to address the problem, parents and the general public need to be made aware of the vital part that they can play by reporting instances of antisocial behaviour, because that will help the police to identify those who are responsible for the nuisance so that they can take action.
Many people enjoy biking in its various forms as safely and responsibly as possible, and many are members of off-road motorcycle clubs. It is essential that we educate all young people who are interested in off-road biking, in whatever form, on the best and safest way in which to participate in the activity, and that we try to guide them to appropriate and safe venues—such as the one that is offered by Kingdom Off Road Motorcycle Club—so that they can follow and enjoy the activity.
I finish by encouraging owners to register bikes through the DVLA’s voluntary registration scheme. I would support the consideration of mandatory registration of off-road and quad bikes for introduction across the United Kingdom.
12:44
I congratulate Claire Baker on securing the debate and recognise the petition that she advised us of. I will be one of the people who add their name to the 15,000-strong petition. Ms Cooper has raised a serious issue through Claire Baker and we should take it seriously in the Parliament.
I have pursued the issue in the chamber on a number of occasions, not just with the current Scottish Government but previously and as far back as prior to the Antisocial Behaviour etc (Scotland) Act 2004 being passed, when I lodged an amendment that has allowed police officers to recover bikes, to repossess them and to ensure that such individuals cannot continue with their activities.
I commend—I do not always use that word about policing activities—some of the excellent policing work locally, which is led by Inspector Gormlie in my constituency, to recover a number of off-road vehicles. I also commend the activities of the officers who have led the operations to detect the individuals.
As Claire Baker set out, it is not always teenagers who are involved in such activities. I have witnessed, adjacent to where I live, adults riding in off-road vehicles with their children, which I find unacceptable. We should take action to ensure that those adults—and, of course, their children—are informed of the serious dangers that are associated with such activities as well as the risk that they pose to others around them who are going about their law-abiding business.
The fact that we have the legislation in place and that it is, in my experience, being enforced effectively by the police means that we have to ensure that further powers are available to deal with the issue. DVLA registration is crucial because, if we are serious about tackling the issue, we need to know where the bikes have been registered in the first place.
The officers I have discussed the matter with have advised me that they have local intelligence that can tell them where the bikes are located, but the intelligence process does not tend to be the most sophisticated. If a registration process was in place to allow the police to detect the individuals, that would make an important tool available to the police.
Parents also play a crucial role. I cannot for the life of me understand why parents would purchase a quad bike for their children and allow them to ride that vehicle in an area that was not properly monitored, unlike the properly monitored Kingdom facility that Claire Baker referred to. People are entitled to purchase such vehicles if they want their children to be entertained, but the vehicles should be used in the proper environment. Action has to be considered and should be taken if parents allow such irresponsible activity to take place. I have spoken with housing providers in my area about taking action in relation to tenancies when children are involved in antisocial activity, to ensure that we move the issue forward.
The issue has been raised in the chamber on a number of occasions. We must not underestimate the serious dangers that the bikes pose in the wrong hands. We need to be willing to take action and to recognise that the issue affects not just the rural parts of the constituencies that are represented in the Parliament but many urban communities where the bikes have fallen into the wrong hands. It is extremely important that action is taken by the Government and that representations are made to the DVLA to ensure compulsory registration of off-road vehicles.
12:48
I congratulate Claire Baker on securing the debate. Antisocial behaviour is a problem for communities across Scotland and is even more challenging in some rural communities, where the absence of entertainment and other opportunities can exacerbate the problem.
Unfortunately, the use of quad bikes and off-road vehicles to commit antisocial crimes is becoming increasingly common. In the worst case, irresponsible owners terrorise communities and cause serious damage to farmland and other productive areas. I would support any initiative to promote responsible vehicle ownership and I commend Claire Baker’s suggestions on that.
Claire Baker spoke at length about the success of operation Ducati in helping to tackle antisocial quad bike ownership, and I commend officers in Fife for their hard work in helping to curb such activity. We all agree that good policing has a big role to play in reducing irresponsible ownership.
I have always believed that a local approach should be taken to tackling antisocial crimes. Although this debate is not about the merits of the single police force, I am concerned that its creation has robbed some areas of a targeted policing strategy. Any officer on the beat would agree that local knowledge is invaluable when dealing with antisocial behaviour, and I encourage Police Scotland to consider how best to deploy resources to combat these crimes.
On a national level, as we have heard, the United Kingdom Government is working hard to encourage responsible ownership, and I call on vehicle owners throughout Mid Scotland and Fife, and across Scotland, to voluntarily register their bikes with the DVLA. That is a simple step that can protect owners against theft and help to reduce rural crime. As we know, thieves are quick to target farm vehicles as an easy hit because of such vehicles’ lack of traceability and strong resale value. A registered bike gives the police a greater chance of recovery.
However, we must be careful not to tar all quad bike owners with the same brush, as there are many responsible owners out there. Across the region that I represent, off-road biking is an emerging industry that sustains a large number of rural jobs. Claire Baker talked about some of the activities that are happening in Fife. In the highland Perthshire area—another part of the region that we represent—a number of localities are becoming a mecca for off-road thrill seekers. Companies such as Scottish Quads, Highland Offroad, activ8s, the Perthshire off-road driving centre and Pitlochry’s outdoor activities centre are just a few of the places that offer quad bike treks through the beautiful Perthshire countryside.
As I take a thorough approach to debate preparation, some years ago I had the foresight to visit Scottish Quads and take on one of its trails. Not only are those courses a lot of fun but there is a focus on safety and respect for the natural environment. I encourage members who are interested to go on their own fact-finding missions in Perthshire or elsewhere.
In addition to those who ride their motorbikes and quad bikes in an antisocial manner, there are instances of four-by-four owners driving inappropriately on remote Highland roads. A few years ago there was a big issue on the Corrieyairack pass between Fort Augustus and Laggan, when four-by-four vehicles used what was General Wade’s military road and caused a great deal of damage. The impact of such behaviour on fragile Highland roads can be just as dangerous as riding motorbikes and quad bikes recklessly in residential areas. Tackling both those issues will require a degree of community engagement and I call on members of the public to report such crimes when they see them.
It is important that the Scottish Government supports and promotes the DVLA’s voluntary registration scheme, as it could play a central role in apprehending thieves and irresponsible owners. I encourage local residents to report irresponsible owners to the police as a first step. Curbing dangerous bike riders will require a strategy that works with owners, the police and members of the public, and I will take time to monitor the issue over the coming months. I thank Claire Baker again for bringing this important issue to the chamber.
12:53
I am pleased to respond on behalf of the Scottish Government and I congratulate Claire Baker on securing the debate, which has brought a focus on the dangers caused by the irresponsible use of quad bikes and other off-road vehicles. I have been keen to engage with Claire Baker on this issue and have already met her on the matter. She has taken the issue seriously for some time.
I agree that vehicles such as quad bikes must be used responsibly and I take on board Murdo Fraser’s point about four-by-fours being driven off-road and on inappropriate roads. Indeed, quad bikes are used responsibly by the majority of people for recreational enjoyment, through membership of official off-road vehicle clubs, such as the Kingdom Off Road Motorcycle Club, which Claire Baker mentioned, or through private businesses such as those that Murdo Fraser referred to. I have participated in Perthshire with Nae Limits, and I very much enjoyed trying a quad bike in an organised, safe environment.
Although such vehicles support jobs, we must acknowledge the problems of their antisocial use, which have previously been highlighted and discussed—Paul Martin is right that they have been a long-standing issue of debate in the chamber.
I express my personal sympathies and those of the Scottish Government to Shelagh Cooper, a constituent of Claire Baker and David Torrance, who is present in the public gallery today. I will not go into the detail, but I sympathise with her because of the situation in which she finds herself.
A key aim of the Scottish Government is to ensure that everyone feels safe in their community and is able to go about their business in peace. It is completely unacceptable that people should be afraid to use public spaces that are designed for all to share to improve the quality of life in their communities. I am aware that the inappropriate use of quad bikes can place a financial burden on our communities through damage to agricultural land or the cost of repairing local authority land and property.
I take Paul Martin’s point that the issue is an urban one as well as a rural one; I recognise that. However, I recently heard about a farmer in Fife who suffered hundreds of pounds of damage to his wheat crops because of the misuse of such vehicles, which cannot be tolerated. The Antisocial Behaviour etc (Scotland) Act 2004 contains provisions that allow police officers to seize vehicles that are being used antisocially, although I appreciate that it is difficult in many cases for the police to apprehend individuals at the time of the offence. Information from concerned citizens can help officers to identify those who are responsible, and that should be encouraged.
Following my meeting with Claire Baker in January this year, discussions have been held with Police Scotland about improving the recording of vehicles that are seized under antisocial behaviour legislation. I am pleased to be able to confirm that the new police data management system, which was introduced in February, will allow better recording of such data, which will help to inform the development of policy to tackle the issue. That will help in urban and rural areas. Paul Martin has asked similar questions in the past and we are addressing the concerns.
Where quad bikes are being used on the roads, they must be appropriately registered and taxed and they must have an MOT certificate. As most quad bikes do not meet road safety standards, they must not be used on the road.
The lack of a compulsory registration scheme means that such vehicles are easy to sell on if they are stolen. It also means that it is difficult for the police to ascertain who has owned the vehicle so that they can recover it and send it back to its original owner. I would therefore support any initiative that helps to prevent the theft of quad bikes or other off-road vehicles and encourages registration so that owners can easily be traced.
Will the minister consider making representations to Westminster to require the registration of such vehicles?
I am coming on to address that point directly.
Such schemes are clearly in the interests of the owners as well as those who enforce the law.
We recognise that the licensing of vehicles is reserved to the UK Government. Although we cannot make the registration of vehicles compulsory, the DVLA operates a voluntary off-road registration scheme as a number of members have mentioned. We have corresponded with the DVLA on the issue and it has advised me that the details of vehicles that are registered under the scheme are held in the DVLA’s database and the police national computer. I stress that it is entirely free for people to register a vehicle and I am committed to promoting the scheme widely throughout Scotland as a first step. As well as making information on the scheme available on the Scottish Government website, I will be encouraging its use through local authority antisocial behaviour officers, NFU Scotland, Police Scotland, farm watch, the Scottish Crofting Federation and any other organisation that has an interest in tackling the antisocial use of such vehicles and preventing their theft from businesses and causing them financial difficulties in replacing them.
Just to clarify the point, the individuals we are talking about will not register their vehicles voluntarily. A compulsory process will ensure that they do. We are targeting individuals who just will not register their vehicles.
As Claire Baker identified, some vehicles are bought for private use and some cheaper vehicles are now on the market. We also know that some vehicles might be stolen, but the police cannot prove it. We want to choke off the supply of vehicles that have been stolen from agricultural and other land-based businesses and prevent them from getting into the system. If we can choke off that supply, I hope that we will be able to concentrate on the retail end and get responsible owners to register their vehicles.
We have a number of issues to address, although I take Mr Martin’s point entirely. We have to find a way of reducing the number of thefts of vehicles. As Claire Baker said, there were more than 40 in Fife alone and we are trying to get a handle on exactly how many such vehicles are finding their way along that route. Perhaps they are being taken for export, but some might be staying in Scotland to be used illegally.
Members raised a number of points, to which I will now turn. Murdo Fraser raised the issue of local policing, which is an important matter. I am not expecting overnight support from Police Scotland for Murdo Fraser’s comment about the police merger. However, I would stress that there is an opportunity at Police Scotland to have a local policing plan for every ward. I hope that local communities seize that opportunity. It is important that the evidence that all the members talked about from their constituencies is fed into Police Scotland. We must ensure that local policing plans reflect community concerns. I hope that the members present seize that opportunity.
I take entirely Murdo Fraser’s point about there being many responsible off-road bikers. We should not tar everyone with the same brush. Legitimate activities are indeed going on, but we must ask people to respect private land; the environment, which is a good point; and public safety, which is paramount.
I very much congratulate Kingdom Off Road Motorcycle Club and other such businesses and organisations for providing opportunities in an organised, regulated and safe environment for what are, in effect, diversionary activities to keep away people from illegal off-roading. It is great to see that happening at a local level.
I will take away the point that was made about retailers and look at whether we can do anything to encourage voluntary registration through retailers.
I reiterate the point that we are pleased to hear that, through operation Ducati, police officers are using seizure of vehicle powers granted to them under the Antisocial Behaviour etc (Scotland) Act 2014. I welcome members’ support for that and for the work in Glasgow that Paul Martin mentioned.
I share members’ concerns about the blight that inconsiderate driving of off-road vehicles has in rural and urban communities, and will arrange for information to be provided on the Scottish Government’s website to raise public awareness of the DVLA’s voluntary registration scheme. Unfortunately, we cannot enforce policy in this area, but we will continue the dialogue with DVLA and UK ministers on the issue.
By working together, we can tackle the antisocial use of off-road vehicles and make our community safer for all.
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