Official Report 966KB pdf
The final item of business is a members’ business debate on motion S6M-13189, in the name of Bob Doris, on tackling the misuse of off-road vehicles. The debate will be concluded without any question being put.
Motion debated,
That the Parliament acknowledges what it sees as the significant public safety issues regarding the misuse of off-road vehicles, including quad bikes, being used dangerously, inappropriately and often illegally on roads, footpaths and various open spaces, which, it believes, poses a serious risk of injury and risk to life for those driving such vehicles, as well as others within the community; considers that their misuse can also have a detrimental impact on a community due to nuisance, antisocial behaviour and damage caused; notes the belief that registration of off-road vehicles, which is a reserved power, may assist Police Scotland with what it considers to be the often hazardous and unenviable tasks regarding policing, identification and enforcement; further notes that the Off-Road Vehicles (Registration) Bill is being progressed by Anne McLaughlin MP within the UK Parliament, and that the UK Parliamentary Under-Secretary of State for Transport has agreed to establish a task force to look at the wider issues caused by off-road vehicles, and notes the belief that such a working group in Scotland should include the Scottish Government, local authorities, Police Scotland and others to consider what more can be done to keep the public safe and nuisance-free from the misuse of off-road vehicles across Scotland, including in the Glasgow Maryhill and Springburn constituency.
17:11
My thanks go to fellow MSPs whose support has enabled me to bring to the chamber this members’ business debate on tackling the misuse of off-road vehicles.
Increasingly, communities across Maryhill and Springburn are being impacted by the misuse of off-road vehicles—often, but by no means exclusively, quad bikes. They can cause a regular and persistent nuisance on our streets and pavements and in our parks. They can cause fear and alarm, as well as significant damage. Many of us will have witnessed the damage that has been caused to surfaces by off-road vehicles, not least in our parks and grassed areas.
However, it is the human damage and devastation that I want to draw to the attention of MSPs. In doing so, I will speak a little about David Gow. David was killed when he was struck by a quad bike on Balmore Road in February last year. He was 79 years old. David and his family were robbed of celebrating his 80th birthday. The events around David’s killing remain subject to legal proceedings, so I will say no more in that regard.
However, I note that, this evening, we are joined in the public gallery by his son Craig and Craig’s fiancée Donna, as well as David’s brother Allan, his wife Marion and his son Gordon. Allan is a local councillor who represents the area where David lived, and where he was so tragically killed.
A quad bike has taken so much from David and his family. David should have been with his daughter Nicola to celebrate his granddaughter Renatta’s wedding. He missed his grandson Craig’s graduation, his granddaughter Jessica’s 21st, his grandson Cameron’s 18th and his brother Allan’s 60th. David will also miss, later this month, the wedding of Craig and Donna, at which he would have been over the moon to welcome his wee step-granddaughter Myah, whom he adored, formally into the family.
I will say more about David later, but it is important that we never forget the devastation and loss that the misuse of off-road vehicles can cause.
I make it clear that there are many responsible users of off-road vehicles—this is not about demonising any group. There will also be those who do not understand or realise the risks and dangers that are inherent in the inappropriate use of such vehicles. Such riders put not only others but themselves at risk. We must reach out to that group to inform and educate them.
However, I will be blunt. There is a third group: those who, for whatever reason, just do not seem to care. Sometimes, a lone rider can cause nuisance or danger; at other times, they are in larger groups, which can increase the risk to the community’s safety and can also be hugely intimidating.
Councillor Gow and I met Police Scotland, and it was clear from that discussion that a fourth group is emerging: those who use motorised cycles. Those cycles are often adapted to enable them to travel at high speed, and they are often used to scoot about communities in our town and city centres—at times, but not always, servicing deliveries in the so-called gig economy. I know that Police Scotland is increasingly aware of the dangers that inappropriate use of such vehicles can cause.
Our legislation and our enforcement powers are playing catch-up with those growing issues. Police officers have the thankless task of tackling the abuse and misuse of, and the misery that is often caused by, off-road vehicles. Pursuing someone who is driving such a vehicle illegally puts officers, those whom they pursue and the wider public at risk. When off-road vehicles are confiscated, they are often returned to the owner within days of the vehicle being seized. Fines, if they are levied, do not seem to act as a deterrent. The police need greater support.
My colleague Anne McLaughlin was, until recently, the MP for the area where David Gow stayed. Anne introduced a members’ bill to the UK Parliament to require the registration of off-road vehicles, which is a matter that is wholly reserved to Westminster. Anne’s Off-Road Vehicles (Registration) Bill secured strong cross-party support, but, unfortunately, the bill fell following the dissolution of the United Kingdom Parliament.
However, the then UK Parliamentary Under Secretary of State at the Department for Transport, Guy Opperman, agreed to establish a task force to look at the wider issues that are caused by off-road vehicles, and he was sympathetic to vehicle registration. I very much hope that we can work together, across parties and across all levels of government, to support progress on tackling the misuse of off-road vehicles. Councillor Gow and I have, therefore, written to Lilian Greenwood MP, the new UK Parliamentary Under Secretary of State at the Department for Transport, as we wish to meet her to discuss those matters further.
I was encouraged to see reported in the press comments from the UK Home Secretary about potential action on fines, confiscation powers and the power to destroy certain off-road vehicles. However, there was no mention of potential vehicle registration, which is a key component of helping to identify and confiscate off-road vehicles.
I ask our Scottish Government to ensure that a working group is established on the matter in Scotland. Many aspects of road safety, education, policing and enforcement are devolved. I am sure that Police Scotland and the Convention of Scottish Local Authorities could be key partners in any working group, along with various other organisations. If there is to be UK legislation, such a group would help to inform the Scottish context in that regard. I ask for that commitment from the Scottish Government this evening.
I want to end by returning to David Gow and his family. David was a son of Possilpark; a talented footballer, which took him to Jersey for a time; and a player for, and captain of, Possil FC for many years. He was a painter to trade and was a husband to Lorna, whom he met at a football dance in St Gregory’s church hall in 1972 and to whom he was devoted until her sad passing in 2014.
David’s son Craig described him as a great family man, a great friend and a great colleague—an extremely intelligent and fiercely independent man, whom Craig was lucky enough to have known in all those capacities.
I very much hope that the debate can provide fresh impetus for Scotland’s Parliament and our Scottish Government to work in partnership to do all that we can to protect our communities from the misuse of off-road vehicles and to protect other families like the Gow family, who have faced such tragedy.
17:18
First, I pay my respects and send my heartfelt condolences to David’s family, who are in the gallery. I thank Bob Doris for bringing the debate to the chamber. He is my local MSP, and I will happily work with him on anything that we can do.
Improper use of off-road vehicles has negatively impacted communities across Scotland, most notably through incidents of antisocial behaviour and the risk that that poses to public safety. According to Citizens Advice Scotland, antisocial behaviour can broadly be defined as behaviour
“that causes or is likely to cause alarm or distress”
to other people in a different household. That behaviour can range from vandalism to intimidation, harassment and excessive noise. All those examples of antisocial behaviour often stem from the misuse of off-road vehicles in areas such as dedicated footpaths and public roads, and in our lovely parks.
Unfortunately, that has been an on-going problem in Glasgow, as Bob Doris and I know only too well. Where I live, I can look out of the window every night and see quad bikes and unlicensed motorbikes jumping about with no lights on them, with riders wearing no helmets just zooming about the place. They have no regard for public safety or for the safety of any other vehicle users.
Last June, I wrote to Police Scotland. I submitted a freedom of information request about the number of incidents in Glasgow involving uninsured quad bikes and motorbikes. More specifically, I asked whether there had been a spike, how it might have pertained to youth violence and what Police Scotland was doing to address the problem.
While I was attempting to get that information, I was informed about the lack of vehicle insurance offences, which in any case are not sub-categorised by type of vehicle. Given how widespread the issue is, I was delighted to see Anne McLaughlin take her bill through the UK Parliament. It is a shame that Anne is not there now to carry that work forward.
I thank Annie Wells for her kind words. Councillor Gow and I met representatives of Police Scotland, who identified the lack of data. The police are actively trying to work on that. I thank Annie Wells for highlighting that we need proper data to inform potential legislation.
I totally agree with Mr Doris: we do.
The bill would have made registration for certain types of off-road vehicles mandatory, and it would have required those vehicles to display registration plates. That would have made identification enforcement a lot easier for Police Scotland.
Moreover, as we have heard, a great additional step was taken when the UK Parliamentary Under Secretary of State at the Department for Transport at the time agreed to the creation of a dedicated task force to examine the wider problems associated with off-road vehicle misuse. I would welcome the involvement of local authorities, Police Scotland and the Scottish Government in any such working group to address the numerous facets of the issue. Input from authorities at all levels of government in Scotland would be an absolute necessity in tackling it.
Misuse of off-road vehicles of various types has been a continual problem in Scottish communities, especially in Glasgow. Aside from being a public nuisance, the problem has often resulted in criminal offences being committed and in people being hurt or even, in the case of Mr Gow, being killed. That extends both to those using the vehicles and to fellow drivers and pedestrians. I support greater cross-body collaboration so that we can resolve the issue, which blights our communities, and so that the cost to human life of off-road vehicle misuse is tackled head on.
17:22
I thank Bob Doris for securing this afternoon’s debate. Members might be aware that I have been raising the issue of antisocial behaviour on quad bikes and off-road bikes, in my Mid Scotland and Fife region and more broadly, for a number of years. That included leading a similar debate in the chamber in 2015. During that debate, I highlighted the hard work of Shelagh Cooper, who had collected thousands of signatures in support of her campaign for action on illegal bike use, after her dog died following a collision with an off-road motorbike. I spoke about our
“responsibility to respond to the problem”,
and I said:
“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.”—[Official Report, 18 June 2015; c 26.]
Since then, I have raised the matter on a number of occasions, in response to increasingly frequent incidents of antisocial behaviour on farmland, grass and parks, and on local pavements and streets. A decade on from that members’ business debate, it is frustrating that more progress has not been made. I have been disappointed in the Government’s fairly weak response to the issues so far, but I hope that today’s debate provides a greater focus for action.
Although I have focused on behaviour in the Mid Scotland and Fife region, I know that similar problems exist in other parts of Scotland. I have repeatedly called for a national campaign and for measures to ensure that the police have sufficient powers and resources to deal with the issue.
In Levenmouth and elsewhere in Fife, the police have been proactive and have led a multi-agency task force to address antisocial behaviour on bikes. It is a social problem that cannot be solved by the police alone.
Over the years, I have been happy to highlight and support the efforts of the Kingdom Off Road Motorcycle Club in Fife, which provides a controlled environment for children, young people and adults to enjoy off-road motorcycling, alongside social awareness and re-education programmes. Kingdom provides an example of how the appeal of off-road biking can be used to engage with young people and to influence their behaviour positively. The club provides low-cost access to equipment and riding to those from disadvantaged areas, as well as an accredited learning programme equivalent to a national 4.
National messages—
Will Claire Baker give way?
If I have time, Presiding Officer.
I am sorry to cut across your speech, Claire. First, I want to thank you—
Please speak through the chair.
I thank Claire Baker for her on-going work for over a decade in this area. Does she agree that this debate should act as an impetus for strong partnership working between the Scottish and UK Governments? There is a crossover between reserved and devolved powers, and actions by both Governments should complement each others to deliver the best for communities, which is what we both want.
I can give you the time back, Ms Baker.
I have seen the positive effect of cross-party working in Fife, and I have described how that has been done in Levenmouth. I will go on to talk about registration and whether that is the solution. I know that MPs have looked at that at a UK level over the years, but we need to think clearly about what we expect registration to achieve in tackling the issue. I will talk about that towards the end of my speech.
National messages could be clearly communicated so that those using off-road bikes understand the risks that they are taking, the laws that they are breaking and the consequences of doing so.
As we get closer to Christmas, there should be awareness raising to ensure that those gifting off-road bikes are also aware of the rules, potentially through a campaign among retailers to encourage responsible sales and to ensure that buyers have a full understanding of the law. Not all bikes will be purchased through traditional sellers. Bikes are passed on once they are outgrown or sold through informal means. We need to get information on the responsibilities and legalities for those people, too.
The motion refers to the Off-Road Vehicles (Registration) Bill, which was being progressed at Westminster by Anne McLaughlin. I recognise that she introduced the bill in honour of her constituent David Gow, who sadly died after being struck by an off-road bike while crossing the road to his home. That was a tragic consequence of the type of behaviour that we are talking about today. I thank Bob Doris for sharing with us the impact of the loss of David on his family.
Although a registration scheme has the potential to help the police to more easily track down and identify vehicle owners, there is a need to ensure that it will be effective in addressing those who act irresponsibly.
Claire Baker spoke about identifying not only the bike but the perpetrator, so I will give her some information. Since March this year, Police Scotland in the north-east has been using SelectaDNA, which is a light spray that is harmless to skin and clothes. Police spray it when someone is not using a bike legally, and it can identify someone later as having been at the scene.
Again, I can give you the time back, Ms Baker.
I am aware of that type of policing model, which is really positive. That example identifies the struggle that the police have when they cannot pursue someone who is on a bike, but it is a way to secure identification. We need to ensure that that method is available in all police forces. Sometimes, we find that some police forces will have an effective method but that it is not always shared or the resources are not always available in all areas. However, I am aware of that tactic.
The existing voluntary registration scheme is a means mainly to deter theft and retrace bikes, so we need to think about whether a mandatory scheme would help to prevent illegal activity. The key challenge for the police is identifying the bike, and registration will assist only if they already have the bike. Identifying users often has to be done with the support of the community as part of a wider approach to address the antisocial behaviour that has impacted our communities for far too long.
At a school visit in the Parliament yesterday, parents raised their concerns with me about the safety of their children due to illegal quad bike activity in their area. The area is within a stone’s throw of the charity Kingdom Off Road Motorcycle Club’s off-road track, and people should be using that track. As Bob Doris explained, some people who use bikes are just there to have fun but have no regard for others, and we must get on top of the issue before more people are hurt.
17:28
I thank my colleague Bob Doris for bringing this important debate on the misuse of off-road vehicles to Parliament. As others have emphasised, this is a very serious issue in many of our communities, including the one that I have the privilege of representing. It is a growing challenge and issue and, as has just been emphasised, it is one that we need to get on top of.
As other colleagues have emphasised, those who partake in the misuse of off-road vehicles are a small minority in our communities—it is often young people and often minors—and we must make sure that that point is made. However, it is a minority that is causing a lot of difficulty. Others have talked about their work on these matters for some time.
When I was elected in 2016, there was a trend in my constituency in which a minority was stealing motorbikes from across the city, driving them around the city dangerously and antisocially and then coming to my constituency, continuing in that behaviour and burning them out. Police Scotland, along with other partners, reacted to that. Through operation Soteria and significant youth work interventions, a difference was made and trends were changed. The issue did not go away but it was no longer the everyday concern and nuisance that it had been for a number of years.
Unfortunately, since the pandemic and particularly this summer, there has been a rise in such casework in my constituency, primarily in the Leith area. A new trend is emerging—partly, as is documented, influenced by social media—of quad bikes, off-road bikes and e-bikes known as Sur-Ron bikes after one of the companies that make them being driven dangerously along footpaths and on main pedestrian arteries, such as pavements. That is causing real difficulty.
The small minority of people who are engaging in that behaviour are often involved in crime as well, whether theft, snatching phones—again, a trend that is worryingly growing—or violence. Some of that behaviour is considered to be linked to organised crime, which makes sense, so we have a multitude of competing elements to the challenge.
As others have said, it is difficult for the police to address that behaviour, given the fact that many of those involved are minors, often do not wear helmets and are in public areas where, if the police were to pursue them, it could create more danger for the people who are around. We need a collective, innovative and creative response. I support calls for a working group, for greater focus on whether and what new regulation would make a difference and for engagement with the UK Government and local authorities to come to solutions. From what I have observed and read, the problem is much bigger in some cities in England. We do not want to get to that point in Scotland, so let us get ahead of the situation and try to put intervention and collaboration in place to make a difference.
Another point that is perhaps worth considering, but perhaps even more sensitive, is that a lot of the minority of young people involved in the behaviour wear face coverings that, by any logical conclusion, are not required. We might have had a bad summer, but I do not think balaclava wearing was necessary in Scotland at this time of year.
Those are very serious, overlapping issues. Previously, when there was an increase in motorbike crime in my constituency, a young man died falling off a bike. Also, a young child was hit by a motorbike and, thankfully, recovered fully. Let us not have any more tragedies.
I offer my condolences to the relatives who are in the public gallery and I thank the Government in advance for taking action on the matter.
17:33
I thank Bob Doris for bringing the debate to the chamber and David Gow’s family for allowing Bob Doris to share his tragic story in the chamber.
I will make a short contribution to the debate, which follows a number of discussions with residents in my South Scotland region over the summer break. Following those conversations, there is no doubt in my mind that off-road bikes and vehicles are being driven illegally and recklessly throughout Scotland. I will give an example.
I was in Netherthird, part of my constituency near where I live, on the doorstep with someone, and what I would describe as a dirt bike was being driven up and down the street. Residents said to me that they had tried to work with the community council and the police, but it was a continuing issue.
Members have outlined many of the points that I would raise.
I also note that my friend and colleague Claire Baker has raised that important issue in the chamber many times. I am really glad to have the debate right across the chamber. We agree that we need to move the issue forward.
Constituents have raised multiple issues around safety, fear, excessive noise, and damage to fields, farmlands and their favourite community walks and, of course, fencing around property and pathways, which other members have mentioned.
Other members have also mentioned the variety of vehicles—I have learned of more tonight. In my area, there are issues with off-road bikes, quad bikes and dirt bikes, as they are described, particularly around sound and noise pollution. However, the adaptation of bikes and e-bikes is something that I have just heard of tonight.
The member raises the variety of bikes. I associate myself with Ben Macpherson, who mentioned criminality in some respects. There is a new fad just now—which, as a dad, I get—of young people who are desperate to ride e-scooters and are on the roads at the very youngest of ages. Those young people are the next generation of quad bike and Sur-Ron bike users. We must tackle that issue with education at an early-years level. The amount of people on our streets just now who ride bikes irresponsibly will only grow unless we tackle the issue at the roots.
Carol Mochan, I will give you the time back.
The member is absolutely right. We are discussing trying to tackle the issue on all fronts so that we get it right, because the reality is that those vehicles are being driven right through the heart of our communities. Local councillors and community councils have raised the issues with me. There is no doubt in my mind that we must work with communities to tackle the issue, which causes them undue concern and stress.
As we have heard, great safety issues exist, with often tragic outcomes. We have heard that young people often will not understand the tragic risks to themselves and their wider communities, and I believe that working together is the answer. We need to get the correct legislation, but we need to do so with communities. It is essential that we work together if we are going to turn a corner. I am interested in hearing what the minister believes we can do together to make a difference.
I call Clare Adamson, who is the final speaker in the open debate.
17:37
I will not take much time. I would like to tell the Gow family—my colleagues know this as well—that I convened the cross-party group on accident prevention and safety awareness, which was established when I joined Parliament in 2011. My reason for doing so was that I lost a teenage member of my family in a road traffic accident, so I have some understanding of your pain and the impact that the issue will have had and will continue to have on your family. You have my deepest condolences.
We have looked at the issue of quad bikes, including the fact that they are not toys. We had serious conversations with the farming community and some of the people who work in forestry and other areas about the need for helmet use. I know that Emma Harper ran a campaign called hing yer helmet, in which she engaged with the sellers of quad bikes and some of the farming magazines to ensure that they stopped showing pictures of people on the bikes without their helmets, to try to get the message through that wearing a helmet is imperative.
Last week, Charlotte Lawrence, a 33-year-old forestry worker, was killed in Pitlochry.
It is good that Clare Adamson mentioned the hing yer helmet campaign, which I was keen to support. It is about farmers wearing helmets and safety in fields and on roads, so I know that it is different from what Bob Doris and others are describing in relation to antisocial behaviour. Does the member agree that it sounds as though there is merit in the Scottish Government’s leading on that issue and taking some action?
Yes, absolutely. We have known about the concerns around that area. The cross-party group has also looked at emerging trends. Bob Doris has just mentioned e-scooters, and our trading standards officers and the fire service are really concerned about the fire risk from the charging of those scooters. In other parts of the UK, particularly the more populated ones, pedestrians have frequently been injured by e-scooters being used on the pavement.
The issue is an emerging one and everybody has been so positive tonight in highlighting the challenges and saying that legislation has to catch up. That is where there is a willingness to come together to ensure that we make some progress on this. It has taken far too long for the Government—a lot of it is reserved to Westminster—to recognise just how serious these problems are.
It is absolutely right to say that there are good organisations, such as those in South Lanarkshire and Livingston, that run parks for quad bike use. They have rules and regulations, and the young people are taught safety on top of everything. However, it is an emerging issue and we have to get on top of it. My colleagues in the chamber will know that.
I reach out to the Gow family to say that if there is anything that we can do in the cross-party group that is engaged in talking about these issues, I will be more than happy to meet them and see whether that group can take something forward in the Parliament.
17:40
I offer my sincerest condolences to the family of David Gow, who are with us tonight.
I thank my colleagues from across the chamber for their contributions to such an important and current debate. I appreciate Bob Doris raising the subject on behalf of his constituents today.
As I have a farming background, I have worked with quad bikes for 30-plus years, but I had not realised until tonight’s debate that they are such an issue in the urban sector.
The Scottish Government acknowledges that there are issues with off-road vehicles, including quad bikes, being used inappropriately, recklessly and dangerously, jeopardising the safety of all road users and the public, and issues with the impact that they are having on communities. Such misuse can lead to or involve links with antisocial nuisance and more serious criminal behaviour. It can alarm residents, particularly more vulnerable people. It can damage land, pavements, roads and local facilities. Such misuse is not acceptable, and we need to work together to get that message across. We must address the problem where it occurs and try to change the law to give us more powers to do so.
Presiding Officer, allow me to set out some of the Government’s position in more detail. The enforcement of all traffic offences is a matter for Police Scotland, which operates independently of Scottish ministers. However, the Scottish Government in no way condones or disregards the rules of the road. No road user should disregard the rules of the road.
Despite challenging financial circumstances, we are investing record funding of £1.5 billion in policing in the current financial year. The Scottish Police Authority, working with the chief constable, will determine how to allocate its budget to meet those policing priorities. However, people should be assured that the Scottish Government fully supports Police Scotland and its partners in dealing with the misuse of the vehicles that are under discussion in our debate today.
Local policing teams are ideally placed to identify where the misuse of vehicles is causing risk and distress to the public, and to ensure that local knowledge and prioritisation of resources can best inform the approach that is required. As has been mentioned a number of times tonight, local communities know better than most.
Police Scotland’s corporate communications department co-ordinates messaging on trending issues—I hope that this addresses some of Claire Baker’s points—such as those that are under debate at the moment, and that is then disseminated and circulated via local divisional social media. The communications department also co-ordinates with other emergency service partners and local government to ensure a consistent approach to road safety campaign messaging.
In addition, in February 2024, some members of the Scottish Community Safety Network, including those in local authorities, raised concerns about off-road motorbikes and quad bikes. In response, we set out to the SCSN and its membership how Police Scotland is dealing with the issue and highlighted the significant partnership work that is being done. We encourage local partners to raise or continue to raise the issues locally with police colleagues.
Police Scotland has also extended the use of selected DNA tagging spray, which was mentioned by my colleague Jackie Dunbar. The hand-held tagging spray is used by officers to target offenders who are involved in antisocial and illegal use of motorbikes and bicycles, including electric bikes. The spray is deployed as a fine mist that does not cause any harm or damage to the skin, clothing or property, but it does not wash off surfaces and can therefore help to forensically link offenders after the passage of time. However, with registration, that might not be necessary, and that is one of the things that we have to look at.
In 2024-25, we have committed a record £36 million to road safety. Of that, £10 million is being invested to enhance local road safety through the road safety improvement fund. That includes £1 million to support Glasgow City Council to help to reduce casualties and risks on its roads through the implementation of the measures that align with the principles of the safe system.
I will highlight our road safety framework. Road safety is of paramount importance to the Scottish Government. Through the delivery of Scotland’s road safety framework to 2030, we have committed to making Scotland’s road travel safe for everyone. The framework sets out the vision for Scotland to have the best road safety performance in the world by 2030, alongside our ambitious long-term goal of no one being seriously injured or killed on our roads by 2050. I know that that is ambitious, but it is an ambition that we have to drive for. One death on Scotland’s roads is too many, and my sympathies are with the families who suffer such tragic losses.
Children in Scotland’s poorest areas are more likely to be injured by road traffic. Analysis shows that children on foot or bike in the 20 per cent most deprived areas are more than three times as likely to be involved in a traffic accident as those in the 20 per cent least deprived areas.
I appreciate what the minister is saying about road safety, but—although I may be mistaken—that appears to be about the bigger issue of cars and other road usage. What members are concerned about is off-road bikes, which are sometimes used on roads but also cause problems in parks and public spaces. They are not always on the roads—they are in other spaces as well. I am not sure about the road safety advice—will it address such issues?
I am merely giving an outline of all the things that the Scottish Government is doing and how seriously we take the issue.
Previously, Transport Scotland has funded a police-led initiative for young people to produce and circulate a short film to discourage their peers from taking part in the theft or antisocial use of motorcycles. That was found to help increase awareness of motorbike crime and the wider ripple effects that that can have on communities.
Looking ahead, analytical work is under way to establish the current scale and nature of the off-road biking challenge in Scotland. The findings that are identified and will flow from that will be shared with stakeholders through future meetings of the motorcycle focus group, which last met in late July this year.
Prior to the election, as we have heard, Anne McLaughlin introduced a private member’s bill in Westminster on the registration of off-road vehicles. Registration is reserved, and the Department for Transport and the Driver and Vehicle Licensing Agency were leading on the bill. It now seems likely that the UK Government may take forward Anne McLaughlin’s proposed bill—I hope that it will—or bring forward new legislation that broadly follows what has been proposed in that bill. We would welcome that. We would, of course, prefer to be in charge of all such transport matters here in Scotland but, while the issue is reserved, we expect and will seek the opportunity to be fully and appropriately engaged in the development of any work that the UK Government may take forward on off-road vehicles.
In a similar space, under the umbrella of off-road vehicles, I turn briefly and specifically to e-scooters and e-bikes. E-scooters are covered by the same UK-wide laws and regulations that apply to all motor vehicles. As such, in order to be used lawfully on public roads, e-scooters need to meet legal requirements including valid motor insurance, technical standards, the payment of vehicle tax, licensing and registration, and the use of relevant safety equipment. In practice, however, it is very difficult to comply with all those requirements, which means that it would be a criminal offence to use one on the road. In Scotland, it is currently illegal to ride an electric scooter on a public road or pavement, on a cycle path, on a shared path or in any public place.
Ministers in the previous UK Government publicly stated their intention to bring forward a new regulatory framework to enable the use of e-scooters. Both primary and secondary legislation will be required; therefore, the timescales for when such a framework would be in effect remain unclear. As such, the Scottish Government supports calls for greater clarity on the UK Government’s plans—in particular, on the timescales for work to progress in that area. Transport Scotland will continue to engage with the Department for Transport as necessary to discuss its proposed regulatory framework.
If electric bikes—electrically assisted pedal cycles—adhere to certain criteria and requirements, including maximum power output for the electric motor, which should also not be able to propel the bike when it travels at more than 15.5 mph, they are classed as normal pedal bikes, and cyclists can ride them on cycle paths or anywhere else a pedal bike is allowed. We will continue to engage with the Department for Transport on any developments in that area.
I also highlight that, as outlined in the updated “Highway Code”, people
“MUST NOT ... ride in a dangerous, careless or inconsiderate manner”
when cycling, and
“MUST obey all traffic signs and traffic light signals.”
Again, clearly, that is reserved.
To conclude, I reassure members across the chamber, and our constituents, including road users and pedestrians, that the Scottish Government takes very seriously the misuse of off-road vehicles, and we will continue to work with Police Scotland and local partners to seek to eradicate that misuse.
I am sure that the minister was just coming on to this, but I had a very specific ask about establishing a working group in Scotland. I agree with the minister that I wish that all those powers sat here, but this is not a constitutional issue—it is about partnership working across Government and with local authorities to deliver for our communities. I look for reassurance that we will progress some of this.
Bob Doris has pre-empted me. I was going to say that, in response to his ask, I am very open to establishing a working group, in conjunction with my colleague Siobhian Brown—Minister for Victims and Community Safety—and others, to try to find solutions in order to prevent another unnecessary tragedy such as the one that was suffered by the family of David Gow.
Meeting closed at 17:50.Previous
Decision Time