Dingers and anti-social behaviour
Raihan Arif looks at the options available to registered providers to tackle off-road bikes and quadbikes being used in an anti-social way.
The Police have said off-road bikes and quadbikes are being driven illegally and dangerously across the country for social media likes and fame. The Police refer to them as “TikTok bikers”, and occasionally as “Dingers”. The term “Dingers” refers to a stolen, hot car mainly used to sell drugs and other illegal activities but can be used to refer to off-road bikes and quadbikes as well.
Dingers record themselves doing wheelies and other dangerous manoeuvres without safety equipment to generate large numbers of views on social media, often leading to serious injuries or sometimes, sadly, even fatalities.
Further, this behaviour causes a massive impact on residents through noise nuisance and the congregations of gangs.
What is ASB?
ASB is defined as ‘behaviour by a person which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person’ as per the Anti-Social Behaviour, Crime and Policing Act 2014. For further information on the Act, please click on the link https://www.legislation.gov.uk/ukpga/2014/12/contents/enacted
Vehicle nuisance
Across the country, it was reported in 2023 around 24,000 bikes were stolen, and they were often used for ASB. Antisocial use of a vehicle, such as street racing, street cruising or off-road use is more than a matter of noise pollution, though this can be the most evident problem.
While quad bikes, three-wheeled bikes, trail bikes and some other two-wheeled vehicles are built for off-road use, it is against the law to ride them in public parks or on publicly owned land without permission from the local authority.
As with unlicensed powered vehicles, these can only be used on private roads or land with the road or landowner’s permission. The “Dingers” are performing stunts and tricks such as doughnuts and wheelies without permission, this is dangerous to both the driver or rider and bystanders.
These bikers often regard this kind of vehicle use as harmless fun. However, regular antisocial vehicle use can have a wider impact on a neighbourhood or community, more than simply nuisance noise. Riding in this manner can also be used as a form of intimidation, either to other road users or the community. Loud noise from engines and music, and deliberately creating large amounts of exhaust or tyre smoke can also be seen as an aggressive act.
ASB Injunction
Registered pProviders can consider taking legal action by obtaining an ASB Injunction against the person or persons to prevent nuisance or annoyance to prohibit ASB of any person aged 10 or over. The County Court may grant an injunction order against any person aged 10 or over if it is satisfied, on the balance of probabilities that:
- a person has engaged, or threatens to engage, in antisocial behaviour, and
- it is just and convenient to grant the injunction for the purpose of preventing that person from engaging in antisocial behaviour
Antisocial behaviour is defined as conduct:
- that has caused, or is likely to cause, harassment, alarm or distress to any person
- capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises
- capable of causing housing-related nuisance or annoyance to any person
Applications against adults are made in the County Court or High Court. Applications against those under 18 years old are made in the youth court.
The terms of the order can also include prohibition of using the bikes in an ASB manner and exclusion of visiting the property if the injunction is against the friend/visitors.
Failing to comply with the inunction order can lead to fine and or imprisonment. Under 18’s can be penalised by a supervision order or for 14 to 17 year olds in the most serious cases, by a detention order of a maximum of three months. The landlords can take action of obtaining possession of the property if the tenant does not comply with the injunction order.
Conclusion
Social media platforms do not allow videos that break the law and are doing their upmost to remove the videos of the platform. The Police are also doing their best tackling and locating the bikers causing ASB and who are also stealing the bikes.
Raihan Arif is a solicitor at MSB Solicitors.
