Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 19 December 2016 to Question 56963, whether the guidance her Department provides to police forces on the use of the powers outlined makes reference to whether the driver of the vehicle is wearing a helmet; and if she will make a statement.

It is an offence under section 16 of the Road Traffic Act 1988 for a person to drive or ride on a motor cycle in contravention of the requirement to wear protective headgear.

The police have the power under section 59 of the Police Reform Act 2002 to seize vehicles, including off-road bikes and mopeds. This can be as a result of driving a vehicle in a careless and inconsiderate manner or driving a vehicle other than on a road, contrary to the Road Traffic Act 1988, or using a vehicle in a manner causing, or likely to cause, alarm, distress or annoyance to members of the public.

The Home Office has not issued any guidance on the use of powers under section 59 of the Police Reform Act 2002. How the powers are used is an operational matter for the police.